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Just a "What If" Question

smlawrence

Regular Member
Joined
Sep 12, 2010
Messages
261
Location
Colfax, NC
What if I owned a business in the city limits, on private property, and posted on my door "No Weapons". Would a LEO have to abide by my sign?
 

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
Off duty, maybe but they are also exempt for some of the no carry areas. So that's even gray.


On duty, on police business I would say no. On duty, personal business, I seriously doubt it there either.

Seems that most of the carry laws reference that they do not apply to people exempt from 14-269, here are the exemptions.


14‑269. Carrying concealed weapons.
(b) 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 official duties as such and acting under orders requiring them to carry arms and weapons;
(2) Civil and law enforcement officers of the United States;
(3) Officers and soldiers of the militia and the National Guard when called into actual service;
(4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;
(5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.
 

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
I'll update with a cite later when I have more time, but no, it will not stop LEOs from carrying. An extreme problem, IMO. Of course, I would never post such a sign against anyone, including LEOs. Furthermore, regarding the carry of weapons in bars/restaurants, this should be legal for everyone, not just LEOs. They should be required to abide by the same laws as the rest of us.
 

Smith45acp

Regular Member
Joined
Oct 16, 2009
Messages
434
Location
NC
http://www.youtube.com/watch?v=112VpXHe6F8

Officer kicked out of portland coffee shop because manager (owner?) doesn't like LEOs

I don't know the guy's story, maybe he's had one too many bad experiences with officers, maybe he's a dick. Regardless I do support his right to selectively choose his clientèle

Kind of related and interesting
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
ChiefJason,

The NCGS §14‑269.(b) exemptions, combined with LEOSA Federal exemptions give ALL sworn law enforcement officers total exemption from any state, local, or municipal carry restrictions. This is not a "gray area" at all. If you've got a badge, have been sworn in, and have the power of arrest, you can pretty much carry anywhere in NC, as long as you're not drunk or high.

Two sets of laws create two classes of people...

However, any property owner is PERFECTLY within their right to disallow the carrying of weapons of any sort on their private property.

This includes LEOs, unless they are in the process of serving a warrant or making an arrest--in other words actualy in the discharge of their duties. Getting a cup of coffee and a dozen glazed bear claws does NOT constitute "discharging one's duties". Neither do warrantless "knock and talks", or leisurely strolls through a business or private property.

You would be perfectly withing your rights to ask ANY person carrying a weapon to leave--EVEN a cop, as long as they were not in the operational performance of their duties and not actively engaged in "law enforcement".

But if you did such a thing, I'd expect the response time for any 911 calls made from your address to me measurable in days, not minutes...
 
Last edited:

smlawrence

Regular Member
Joined
Sep 12, 2010
Messages
261
Location
Colfax, NC
I was just curious about how it would work. I wouldn't consider having a posting of that kind at any business but just wanted to picture it with the shoe on the other foot.
 

Kivuli

Regular Member
Joined
Apr 23, 2008
Messages
208
Location
North Carolina
Yup. Ask a cop to leave and he/she has to abide by it just as anyone else does. Again, unless he/she is engaged in actual law enforcement duties.
 

merc460

Regular Member
Joined
Jun 20, 2010
Messages
229
Location
North Carolina, USA
http://www.youtube.com/watch?v=112VpXHe6F8

Officer kicked out of portland coffee shop because manager (owner?) doesn't like LEOs

I don't know the guy's story, maybe he's had one too many bad experiences with officers, maybe he's a dick. Regardless I do support his right to selectively choose his clientèle

Kind of related and interesting

"A human being was humiliated." hmmmmph, I wonder if she would have said that about a person that was OC'ing????
 
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