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Thread: OC or CC at carnival?

  1. #1
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    I was wondering if anyone knows if it is legal to conceal carry at a carnival? Becouse there is usally a carnival followed by fireworks on the 4th in Oakboro, nc i was planning on going to. i know that State and county fairs charge admission so those are no go's for OC or CC. but a carnival like the ones that pop up in parking lots all the time are free to enter and u pay to ride and play games.

    As part of the law of no cc or ocduring parades and group gatherings?

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    Group gatherings is not defined in the law, only parades, funerals, picket lines, or demonstrations, areas of emergency, riot, assembly where a fee is paid, and ESTABLISHMENTS where alcohol is served AND consumed.

    I think as long as there are no signs posted and if the carnival isn't serving alcoholAND allowing consumption of sold alcohol, you should be fine.

    And you could technically go either way. Just keep an eye out for alcohol and signs and make sure it isn't taking place on government property/parking lots.

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    Is a carnival an establishment I think that would mean a building or something permanent just asking

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    bwhunter65 wrote:
    Is a carnival an establishment I think that would mean a building or something permanent just asking

    Public streets and side walk are not defined as an establishment.

    So if it were on someone land I think it would be fine as long as there is no sign or fee.


    There is a post about someone callin the ag about an establishment. I'll find it and post the link

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    tekshogun wrote:
    Group gatherings is not defined in the law, only parades, funerals, picket lines, or demonstrations, areas of emergency, riot, assembly where a fee is paid, and ESTABLISHMENTS where alcohol is served AND consumed.

    I think as long as there are no signs posted and if the carnival isn't serving alcoholAND allowing consumption of sold alcohol, you should be fine.

    And you could technically go either way. Just keep an eye out for alcohol and signs and make sure it isn't taking place on government property/parking lots.
    Tekshogun: I have seen many people posting this law stating the excluded places where guns are not allowed. I have not seen anyone bring up the fact that the "areas of emergency (and possibly riot)" clause is effectively repealed or not enforceable, do to federal law.

    Although technically the NC law does still state this, congress passed http://www.govtrack.us/congress/bill...bill=h109-5013 which overturned any Gov't entity's right to take away your guns during an emergency. This passed just after Katrina hit LA.

    Perhaps I have missed where this has been posted before, but I believe we really need to let people on this forum know that the Federal Gov't has enforced our 2nd Amend right and restricted the Feds or the States from restricting our possession of weapons during these times.


  6. #6
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    farkles wrote:
    tekshogun wrote:
    Group gatherings is not defined in the law, only parades, funerals, picket lines, or demonstrations, areas of emergency, riot, assembly where a fee is paid, and ESTABLISHMENTS where alcohol is served AND consumed.

    I think as long as there are no signs posted and if the carnival isn't serving alcoholAND allowing consumption of sold alcohol, you should be fine.

    And you could technically go either way. Just keep an eye out for alcohol and signs and make sure it isn't taking place on government property/parking lots.
    Tekshogun: I have seen many people posting this law stating the excluded places where guns are not allowed. I have not seen anyone bring up the fact that the "areas of emergency (and possibly riot)" clause is effectively repealed or not enforceable, do to federal law.

    Although technically the NC law does still state this, congress passed http://www.govtrack.us/congress/bill...bill=h109-5013 which overturned any Gov't entity's right to take away your guns during an emergency. This passed just after Katrina hit LA.

    Perhaps I have missed where this has been posted before, but I believe we really need to let people on this forum know that the Federal Gov't has enforced our 2nd Amend right and restricted the Feds or the States from restricting our possession of weapons during these times.

    Hate to break it to you but that bill does not protect you from local or state government from confiscating your guns. That bill is specific to people operating under the color of Federal law, NOT state or lower laws

    Under Section 706 - (a) Is telling you that under certain National Emergency Areas, FEDERAL officials can not confiscate your guns and in addition, that is true if you are still elligible under the local, state, and federal laws.

    (b)Tells you that this Federal law does not override the State/Local laws. For example, if we have a freak weather system next winter and we're blanketed in nice across the state like 8 years ago, and Gov. Bev Perdue declares a State of Emergency, and then ask for and receives a Federal Emergency status, not only will the state already have had lawful ability to restrict carrying of firearms (sell, transfer, registration, etc) but then the Federal government, having been given FEMA control over the state can come in and enforce restrictions from a Federal level because the state law on firearms in emergency zones exempts Federal officials from HR 5013.


    Not to mention, in order to be rescued... you can be forced to turn over your firearm.

    Lameness is always afoot, To Hell With Not Being Armed

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    tekshogun wrote:
    farkles wrote:
    tekshogun wrote:
    Group gatherings is not defined in the law, only parades, funerals, picket lines, or demonstrations, areas of emergency, riot, assembly where a fee is paid, and ESTABLISHMENTS where alcohol is served AND consumed.

    I think as long as there are no signs posted and if the carnival isn't serving alcoholAND allowing consumption of sold alcohol, you should be fine.

    And you could technically go either way. Just keep an eye out for alcohol and signs and make sure it isn't taking place on government property/parking lots.
    Tekshogun: I have seen many people posting this law stating the excluded places where guns are not allowed. I have not seen anyone bring up the fact that the "areas of emergency (and possibly riot)" clause is effectively repealed or not enforceable, do to federal law.

    Although technically the NC law does still state this, congress passed http://www.govtrack.us/congress/bill...bill=h109-5013 which overturned any Gov't entity's right to take away your guns during an emergency. This passed just after Katrina hit LA.

    Perhaps I have missed where this has been posted before, but I believe we really need to let people on this forum know that the Federal Gov't has enforced our 2nd Amend right and restricted the Feds or the States from restricting our possession of weapons during these times.

    Hate to break it to you but that bill does not protect you from local or state government from confiscating your guns. That bill is specific to people operating under the color of Federal law, NOT state or lower laws

    Under Section 706 - (a) Is telling you that under certain National Emergency Areas, FEDERAL officials can not confiscate your guns and in addition, that is true if you are still elligible under the local, state, and federal laws.

    (b)Tells you that this Federal law does not override the State/Local laws. For example, if we have a freak weather system next winter and we're blanketed in nice across the state like 8 years ago, and Gov. Bev Perdue declares a State of Emergency, and then ask for and receives a Federal Emergency status, not only will the state already have had lawful ability to restrict carrying of firearms (sell, transfer, registration, etc) but then the Federal government, having been given FEMA control over the state can come in and enforce restrictions from a Federal level because the state law on firearms in emergency zones exempts Federal officials from HR 5013.


    Not to mention, in order to be rescued... you can be forced to turn over your firearm.

    Lameness is always afoot, To Hell With Not Being Armed
    I know we have the same goal, and certainly I want to know the law if I am wrong, but I still don't believe I am wrong.

    I believe you are reading it incorrectly, here is the actual quote from the bill

    SEC. 706. FIREARMS POLICIES. (a) Prohibition on Confiscation of Firearms- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may-- (1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; (2) require registration of any firearm for which registration is not required by Federal, State, or local law; (3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or (4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency. (b) Limitation- Nothing in this section shall be construed to prohibit any person from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency.
    You certainly are correct about them being allowed to require you to temporarily surrender your firearm ONLY as a condition of entry into rescue transportation.

    The other part seems pretty clear to me. Any person with, working for, or receiving funds from the feds falls under this law. Essentially all State, City, and County governments receive Federal funding, therefore they all fall under this law. It does not state that they must receive Federal funding for this particular emergency declaration. Tell me where this is off

  8. #8
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    That "receiving federal funding" is in regards to a part that comes shortly after it... "while acting in support of relief from a major disaster or emergency,"

    And it still stands that if the state or local laws prohibit it, not only are the local authorities already exempt from the prohibitions of the law, so are the Federal officials involved along with anyone they may be contracting, deputizing, or otherwise delegating any type of powers or authority to.

    Don't fall for the hype, this law only protects you if there is no law in the local/state regarding possession, sell, transfer, carrying or otherwise of a firerarm during a National Emergency and it prevents the Federal government from coming in and just blatantly taking your guns away. The way I read it, that is not the case in North Carolina.

  9. #9
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    Off subject: but tek you miss the last meet
    up at prissy pollys, what's up with that?

  10. #10
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    I hope you are wrong, but I fear that you may be correct. I think some of that wording might be able to fly either way in front of a judge. Wish it was more black and white, and in favor of gun possession, not repossession.

    However, if it were interpreted in the way I was reading it, it would trump state or local laws. All Federal laws trump state and local laws if they relate to something the federal gov't has legal power to regulate or enforce something (perhaps I'm reading your reasoning incorrectly). Certainly the 10th A gives states (or the people) the right to control everything else, but it would appear to me that 2nd A laws would be trumped by federal law if it is in favor of the right to bear arms.

    Because you are probably right, like I mentioned, and because I want more b&w laws, I will make further contact with Senator Burr and soon to be Senator Portman (OH), as well as NC general assembly members to get more US and NC legislation underway to enforce our 2nd A.

    Thanks for bouncing this idea back and forth!

  11. #11
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    Preble wrote:
    Off subject: but tek you miss the last meet
    up at prissy pollys, what's up with that?
    Stress, work, and too much going on... I hope ya'll had a decent turn out. I need to jump back on the meetup page too. Anything else coming up between Greensboro/Kernersville area?



    farkles wrote:
    I hope you are wrong, but I fear that you may be correct. I think some of that wording might be able to fly either way in front of a judge. Wish it was more black and white, and in favor of gun possession, not repossession.

    However, if it were interpreted in the way I was reading it, it would trump state or local laws. All Federal laws trump state and local laws if they relate to something the federal gov't has legal power to regulate or enforce something (perhaps I'm reading your reasoning incorrectly). Certainly the 10th A gives states (or the people) the right to control everything else, but it would appear to me that 2nd A laws would be trumped by federal law if it is in favor of the right to bear arms.

    Because you are probably right, like I mentioned, and because I want more b&w laws, I will make further contact with Senator Burr and soon to be Senator Portman (OH), as well as NC general assembly members to get more US and NC legislation underway to enforce our 2nd A.

    Thanks for bouncing this idea back and forth!
    Perhaps, but I'd like a law experts interpretation.


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