• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Should North Carolina be a Gold Star Open Carry state?

sultan62

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
My personal opinion is that it should be downgraded to "Open Carry Friendly" for several reasons:

1. Lack of real preemption.
2. No carry in restaurants which serve alcohol.
3. No carry on school property, including in your vehicle.
4. No carry in places that charge admission.
5. No carry in parades, funeral processions, etc.
6. State of Emergency ban of possession off property.
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
sultan62 said:
My personal opinion is that it should be downgraded to "Open Carry Friendly" for several reasons:

1. Lack of real preemption.
2. No carry in restaurants which serve alcohol.
3. No carry on school property, including in your vehicle.
4. No carry in places that charge admission.
5. No carry in parades, funeral processions, etc.
6. State of Emergency ban of possession off property.
Click to expand...

Many or most Gold Star states have one or more of the items above, except preemption, that is required to be a gold star open carry state - NC DOES have preemption as both a statutory matter, and more importantly, as a state constitutional matter, see State v. Kerner (state cannot generally ban or require permit to open carry in public).

Open carry becomes more accepted and useful as a public policy tool as more people open carry - carry on!
 
sultan62

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
Mike said:
Many or most Gold Star states have one or more of the items above, except preemption, that is required to be a gold star open carry state - NC DOES have preemption as both a statutory matter, and more importantly, as a state constitutional matter, see State v. Kerner (state cannot generally ban or require permit to open carry in public).

Open carry becomes more accepted and useful as a public policy tool as more people open carry - carry on!
Click to expand...

Thanks for the State v. Kerner reference, I was unfamiliar with that. Still haven't had time to read it all, but I've bookmarked it for later reading. It does make me wonder how Cary and Chapel Hill get away with their bans though.
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
sultan62 said:
Thanks for the State v. Kerner reference, I was unfamiliar with that. Still haven't had time to read it all, but I've bookmarked it for later reading. It does make me wonder how Cary and Chapel Hill get away with their bans though.
Click to expand...

My understanding is that chapel hill bans "small" handgun open carry and Cary does NOT ban open carry generally on streets/sidewalks and private property open to the public - hence they both probably pass Kerner scrutniy.
 
M

mekender

Regular Member
Joined
Feb 22, 2008
Messages
462
Location
, ,
sultan62 said:
Thanks for the State v. Kerner reference, I was unfamiliar with that. Still haven't had time to read it all, but I've bookmarked it for later reading. It does make me wonder how Cary and Chapel Hill get away with their bans though.
Click to expand...

Dont forget State V Hunley
 
sultan62

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
Town of Cary Website said:
The Town of Cary does not allow the open or concealed carry of a weapon while on any public property within our community including on greenways, in public parks or Town facilities, or in Town-owned parking lots. The ordinance does not allow the open carry of any firearm on public sidewalks or right-of-ways. See Section 22-51(a) of the Town of Cary Code of Ordinances.
Click to expand...

Section 22-51(d) said:
(d) Applicability to other public locations.
No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.
Click to expand...

Chapel Hill, you are correct, has a ban on OC of a handgun under a certain size.
 
J_Oliver

J_Oliver

Regular Member
Joined
Sep 27, 2010
Messages
151
Location
Haw River, North Carolina
Chapel Hills is as follows"

City Ordinance Sec 11-134:
No person shall display, on any street, sidewalk, alley, or other public property any handgun which is easily and ordinarily carried concealed. For purposes of this article, the term "handgun which is easily and ordinarily concealed" shall mean any handgun or other firearm with an overall length of less than six (6) inches.

Thats pretty cut and dry.
 
C

calynn

Regular Member
Joined
Feb 9, 2010
Messages
113
Location
Cameron NC, , USA
After being arrested while OCing a couple weeks ago and being charged with CCW I would say that some areas aren't even OC friendly...
 
You must log in or register to reply here.
Top