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Thread: Carolina Beach

  1. #1
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    Carolina Beach

    I'm at Carolina Beach for the next week.

    Anyone know if i can OC on sidewalks and such, and what about the beach?

    I have been looking and looking i cant find anything.

    I tried to call the PD but they dont have a 24hour office, I was going to ask a cop i saw...but i didnt want him to lie to me.

    oh, and has that stupid SOE been lifted yet?

  2. #2
    Regular Member Dreamer's Avatar
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    UPDATE:

    I just spoke with the Governor's Chief Council, and he informed me that this particular Executive Order (EO-62) was actually invoked under Chapter 166-A of the North Carolina Emergency Management Act, which DOES NOT automatically invoke §14-288.7.

    http://www.ncga.state.nc.us/enactedl...pter_166a.html

    He also said they have send briefings to all local and state LEAs letting them know that this EO does not effect the prohibition on firearms...

    So apparently there are two different set of rules under which EOs may invoke a State of Emergency--one that does put §14-288.7 into effect, and one that doesn't. And this one is the kind that doesn't. Apparently, they learned their lesson with the King Fiasco last winter...

    He also told me that they had been getting a TON of calls on this matter, and would be looking into changing the State of Emergency statute in the upcoming Legislative Session in January.

    Of course, Mr Gura and SAF might force them to change this silly, racist, Jim Crow law in the Courts before they can do it in the General Assembly. We shall see. Will the "Wheels of Justice" turn more quickly than the "Wheels of Legislature"?

    Personally, I'd rather see BOTH things happen. I'd like to see the Gura/SAF case win first, and then the GA vote to strike this provision from the NCGC. This would be an EPIC WIN for not just NC residents, but EVERYONE in the country, because it would get this silly law off our books, AND it would establish case-law precedent for other states in similar situations to refer to.

    So, don't worry folks. Transporting, carrying, and possessing firearms while you are out and about in NC is PERFECTLY legal and lawful under this EO.

    But there is always next time.

    Stay vigilant...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Quote Originally Posted by Dreamer View Post
    UPDATE:

    So apparently there are two different set of rules under which EOs may invoke a State of Emergency--one that does put §14-288.7 into effect, and one that doesn't. And this one is the kind that doesn't. Apparently, they learned their lesson with the King Fiasco last winter...
    Unfortunately, you have just been snow jobbed by a politician.

    There is no way under North Carolina law for the Governor to declare a State of Emergency without 14-288.7 going into effect. If a state of emergency has been declared for the area, 14-288.7 applies. Period. She may be telling LEO not to enforce it, but to say it doesn't apply is pure hogwash. 14-288.7 makes no distinction between local or State SOE's or under what authority they are declared.

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    Quote Originally Posted by RayBurton72 View Post
    Unfortunately, you have just been snow jobbed by a politician.

    There is no way under North Carolina law for the Governor to declare a State of Emergency without 14-288.7 going into effect. If a state of emergency has been declared for the area, 14-288.7 applies. Period. She may be telling LEO not to enforce it, but to say it doesn't apply is pure hogwash. 14-288.7 makes no distinction between local or State SOE's or under what authority they are declared.
    I talked to a game warden last Thursday before the Governor started doing her song and dance routine. Asked him what they were going to do about opening day. He said they were told not to IMPEDE the hunting season. I said, you were told not to enforce the law. His eyes said yes, his mouth said we were told not to IMPEDE the hunting season.
    Last edited by cricketdad; 09-06-2010 at 06:34 AM.

  5. #5
    Regular Member Northerner's Avatar
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    Carolina Beach Codes of Ordinances

    No personal info on Carolina Beach to offer, Preble. I was down there a few weeks ago and CC'd, mainly due to the amount and style of clothes being worn.

    Going to the Carolina Beach Codes of Ordinances...

    ARTICLE I. IN GENERAL
    http://library1.municode.com/default...ction=whatsnew

    Sec. 10-12. Use of firearms generally; weapons prohibited on town property.(a) It shall be unlawful for any person to shoot, cause to be ejected, or otherwise discharge a pellet or other projectile from any rifle, pistol, air rifle, pistol, air rifle, BB gun, or similar device within five hundred (500) feet of any dwelling unit within the corporate limits of the town, except when used in defense of person or property or pursuant to lawful directions of law enforcement officers. Provided, however, that nothing in this section shall be construed to prevent the operation of shooting galleries and similar amusement devices where such galleries and operations are suitably located and equipped with necessary safety devices, or to prohibit use of arms by peace officers in the performance of their duty.
    (b) Except as provided in subsection (c) below, all persons are prohibited from possessing weapons as defined in G.S. 14-289 in town owned buildings, their appurtenant premises, parks, streets, sidewalks, alleys and other public property.
    (c) This prohibition shall not apply to the following persons:
    (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their duties as such and acting under orders requiring them to carry arms and weapons;
    (2) Civil officers of the United States while in the discharge of their official duties;
    (3) Officers and soldiers of the militia and the national guard when called into actual service;
    (4) Sworn law enforcement officers;
    (5) Town animal control officer('s).
    (d) Conspicuous notice shall be posted at each entrance to any property set forth in subsection (b) above stating: "Possession of weapons or carrying a concealed handgun is prohibited."
    (e) Any person violating this section shall be guilty of a misdemeanor and upon conviction shall be fined five hundred dollars ($500.00) or imprisoned for six (6) months or both.
    (f) Weapons possessed in violation of this section are hereby declared to be contraband. The chief of police or his designee shall hold such weapon for disposal pursuant to court order. In the absence of any court order, the weapon shall be destroyed.(Code 1977, § 8-6006; Ord. No. 80-16, § 8-6005, 6-24-80; Ord. No. 95-369, § 1, 10-10-95)

    Sec. 10-7. Noises prohibited, nuisances.
    (b) Specific prohibitions. The following acts are prohibited and shall be considered nuisance acts:
    ..... (5) Explosives. The use or firing of explosives, firearms, fireworks or similar devices which create impulsive sound.

    Sec. 11-70. Firearms and fireworks.
    (a) Firearms regulated. It shall be unlawful for any person to discharge any firearm of any type within Freeman Park, except by a peace officer in the performance of his or her duty and other persons in defense of life and property as allowed by state law.

    Sec. 11-70. Firearms and fireworks.
    (a) Firearms regulated. It shall be unlawful for any person to discharge any firearm of any type within Freeman Park, except by a peace officer in the performance of his or her duty and other persons in defense of life and property as allowed by state law.

    Sec. 15-98. Certain activities unlawful.
    The following acts or activities, when performed or undertaken in conjunction with or as a part of any parade, picket line, or group demonstration, are hereby declared unlawful:
    (1) The carrying on or about the person of any firearm, or any weapon or article, including but not limited to blackjacks, nightsticks, or flashlights which by their use might constitute a deadly weapon;

  6. #6
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    Carolina Beach

    SO, according to this, it is illegal to oc or cc anywhere public in Carolina Beach?

  7. #7
    Regular Member Northerner's Avatar
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    Quote Originally Posted by tomtaurus View Post
    SO, according to this, it is illegal to oc or cc anywhere public in Carolina Beach?
    Sounds like the same limitations in Cary.

    I hope Preble read this before OC/CC'ng at Carlina beach.
    Last edited by Northerner; 09-09-2010 at 09:09 PM.

  8. #8
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by tomtaurus View Post
    SO, according to this, it is illegal to oc or cc anywhere public in Carolina Beach?

    Actually, according to this, the Carolina Beach law is illegal...

    NC has State Preemption that prohibits cities from this sort of thing. They can restrict carry in city-owned buildings, but the prohibitions on Sidewalks and "public places" is on it's face illegal, unless they were "grandfathered" in like the Cary and Chapel Hill exemptions, and their exemption is specifically included in State statute.

    Which it is NOT...

    Somebody needs to contact their City Attorney and let them know that they either need to strike this code from their ordinances, or the next person we will be contacting is the State Attorney General.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  9. #9
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    14-289

    I am missing something here. I have looked at GS14-289, and all it refers to is lottery and gaming laws. Did I do it right?

  10. #10
    Regular Member Northerner's Avatar
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    Quote Originally Posted by tomtaurus View Post
    I am missing something here. I have looked at GS14-289, and all it refers to is lottery and gaming laws. Did I do it right?
    You know, I noticed that too, but figured I must have typed it incorrectly. The State codes are challenging. I wonder if Carolina Beach Town Council knows this.

  11. #11
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    Quote Originally Posted by tomtaurus View Post
    I am missing something here. I have looked at GS14-289, and all it refers to is lottery and gaming laws. Did I do it right?

    What were you looking for?

  12. #12
    Regular Member Northerner's Avatar
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    Quote Originally Posted by cricketdad View Post
    What were you looking for?
    The statute cited states...

    Sec. 10-12. Use of firearms generally; .....
    (b) Except as provided in subsection (c) below, all persons are prohibited from possessing weapons as defined in G.S. 14-289 in town owned buildings, their appurtenant premises, parks, streets, sidewalks, alleys and other public property.


    When you you up G.S. 14-289 referenced in Carolina Beach's ordnances, it doesn't define weapons (i.e. pistols, long arms, etc.). It discusses "lottery and gaming laws."
    Last edited by Northerner; 09-20-2010 at 12:14 PM.

  13. #13
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    Quote Originally Posted by Northerner View Post
    The statute cited states...

    Sec. 10-12. Use of firearms generally; .....
    (b) Except as provided in subsection (c) below, all persons are prohibited from possessing weapons as defined in G.S. 14-289 in town owned buildings, their appurtenant premises, parks, streets, sidewalks, alleys and other public property.


    When you you up G.S. 14-289 referenced in Carolina Beach's ordnances, it doesn't define weapons (i.e. pistols, long arms, etc.). It discusses "lottery and gaming laws."
    After doing a careful reading I have come to the conclusion that you better not be caught carrying any dangerous piece of paper with the word lottery on it in a town owned building.

  14. #14
    Regular Member Northerner's Avatar
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    Quote Originally Posted by cricketdad View Post
    After doing a careful reading I have come to the conclusion that you better not be caught carrying any dangerous piece of paper with the word lottery on it in a town owned building.

    LMAO

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    Carolina beach

    I did some checking on NC General Statutes Check this out. GS160A-169. I have included it as an attachment. Hope it comes through.
    Attached Files Attached Files

  16. #16
    Regular Member sultan62's Avatar
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    Quote Originally Posted by tomtaurus View Post
    I did some checking on NC General Statutes Check this out. GS160A-169. I have included it as an attachment. Hope it comes through.
    Yeah, that's bulls**t, unless by regulate display they mean you can't take it out and 'display' the business end at someone's face.

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