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Thread: Should North Carolina be a Gold Star Open Carry state?

  1. #1
    Regular Member sultan62's Avatar
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    Should North Carolina be a Gold Star Open Carry state?

    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.
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    Quote Originally Posted by sultan62 View Post
    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.
    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!

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by Mike View Post
    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!
    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.
    "They don't give a damn about any trumpet playing band
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    And the Sultans...
    Yeah the Sultans, they play Creole"

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    Quote Originally Posted by sultan62 View Post
    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.
    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.

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    Quote Originally Posted by sultan62 View Post
    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.
    Dont forget State V Hunley

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by Town of Cary Website
    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.
    Quote Originally Posted by Section 22-51(d)
    (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.
    Chapel Hill, you are correct, has a ban on OC of a handgun under a certain size.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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    Regular Member J_Oliver's Avatar
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    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.
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    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...

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