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Thread: concerned new guy from nc

  1. #1
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    Smile concerned new guy from nc

    Ok I have been reading the site for a while and I love it . I originally heard of this site over at carolinashootersforum.com where I am a active member and needless to say im addicted to the sight now. also I was aware of OC before this sight but never knew I could do it at 19 but thanks to you I OC 95% of the time now. I finally decided to join but I have a few questions about OC

    1-i am 19 and do unarmed security so I deal with Greensboro police dept. on a almost nightly basis everyone of their officers that I have spoken to are under the impression that you have to be 21 to possess a handgun in NC. I carry around a copy of NC firearms laws when I OC but I have a strong feeling that this wouldn’t persuade the police officer to let me go if he believes you have to be 21. so what are my choices if a cop thinks you have to be 21 and puts me in handcuffs, can I say anything at that point to convince him? this is my biggest fear I don’t want to break the law and get a record because I want to become a LEO when I’m 21.

    2-a few nights ago I got into a heated discussion with my mother grandmother and fiancé about OC and the age limits so my mother decides the best thing to do to settle it is to call the lady who answers the phones at the sheriff’s office and ask her …haha well of course the woman who answered the phone thought she was a lawyer and started spouting off with the old fashioned “18 for long guns 21 for handguns “ speech so I was wondering .what can I do to convince my family members that I have the right to OC at 19


    Also if anyone has had any positive encounters with LEO while OC under 21 PLEASE let me know it would make me feel a lot better about OC

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    Call the attorney generals office and ask for the information. I'm 20 and OC and have gone through the situation which you're describing (getting arrested). They actually know the laws there.

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    Quote Originally Posted by calynn View Post
    Call the attorney generals office and ask for the information. I'm 20 and OC and have gone through the situation which you're describing (getting arrested). They actually know the laws there.
    ok will do how did that work out for you were you charged? convicted?

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    Against the advice of one of the senior officers at the PD, they still charged me with it. Court date isn't till December. They also seized my gun. Be careful out there, just cause it's legal apparently doesn't mean ****.

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    man i really hate to hear that by everything in the law books i have read you should be fine i wrote a email to the attorney generals office explaing my situation i think it turned out good

    Hello my name is Jeremy XXXXXX I am 19 years old and I have a question concerning firearm laws in in north Carolina. According to a sheriff’s deputy from Randolph county you have to be 21 to openly carry a handgun on your side. I understand that you have to be 21 to purchase a handgun or to receive a concealed handgun permit, but I cannot find any information concerning the situation I am in. as I said I am 19 years old and I enjoy going to the gun range the only problem with that is my mother cannot come with me because she is disabled . so would I be in violation of the law if my mother loaned me a handgun owned by her. And I openly carried it on my side in a holster. I would not be carrying it in Cary, Chapel Hill or Durham county or any places where openly carrying firearms are banned (parades, protest, ect ect) I am aware that North Carolina General Statute § 14-269.7 provides that it is a misdemeanor for any person under the age of 18 to possess or carry a handgun. So can I assume that since I am over 18 I can possess or carry a handgun within the constraints of the law? It also appears that when the handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under N.C.G.S. § 14-269.7 and G.S. § 14-316 and is not otherwise unlawful. So I may have answered my own question but I would like a definite answer for my own peace of mind.

  6. #6
    Regular Member elixin77's Avatar
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    Carry a voice recorder of some kind. If it has video, even better.

    Never let the PD tell you what the law is. Keep carrying those pamphlets around in case you get stopped, so you can educate any officer that tries to stop you. Remember two questions: Am I free to go, and Am I being detained?

    Stand your ground, and never give in to the police. Know your rights, know what they can and can't do legally.

    While Calynn's situation might happen to you, everyone here hopes this is a one time incident.
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    Regular Member sultan62's Avatar
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    Turn it around on them. Tell them if they can find the law, not some officer or county clerk's opinion, you'll stop. Simple as that.

    ETA: calynn's incident is atypical for most NC carriers from what we have seen.

    Also, I've never spoken to police while OCing, and I'm not under 21, but I know for a fact that they have seen it on my side and have not done or said anything.

    ETA 2: You can OC in Durham county, and Chapel Hill as long as the length of your handgun is at least six inches. Cary is currently a no-no, but there's some discussion now going on, and I believe their statute is illegal. I still don't suggest OCing there, of course.

    Also, welcome to the OCDO!
    Last edited by sultan62; 11-12-2010 at 11:49 AM.
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  8. #8
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    thanks alot for all the help hopefully i will have a email from the nc attorny generals office saying that i am perfectly legal that i can print off and keep in the car....it wouldnt hurt . i am also getting a voice recorder today hopefully i wont get stopped OC before i make it to walmart i am in uniform so i doubt i will but it is really sad that we as americans have to take steps in order to be treated with the rights the constitution says we have ehhh

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by elixin77 View Post
    Am I free to go, and Am I being detained?
    I advocate not asking this question, they just dodge it.

    Instead, ask "Why am I being detained?" This is much harder to dodge, and clearly displays that there is no question about the detainment, merely why. The Officer's only real way out of that is to tell you flat-out that you're not being detained. Meaning, of course, that you are free to go, so you don't have to ask that question either.

    You already know you're being detained. Say so. Ask the real question. Get it on your voice/video reorder. the officer WILL notice that subtle difference in wording, and it'll make them think. All LEO encounters I've had have gone much better since I adopted that wording. Detainment and false arrest are concepts that are drilled into them in school, probably more than anything else.

    Just my $0.02....

  10. #10
    Regular Member elixin77's Avatar
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    Good to know. Thanks for the incite
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

  11. #11
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    Know it, love it. This is the only mention of age in regards to "possession of a handgun", except for the CC age being 21. What they are referring to is the age to buy from an FFL. NC law is silent on the 18-21 crowd as far as possession. And what is not illegal is legal. And IANAL.

    14‑269.7. Prohibitions on handguns for minors.
    (a) Any minor who possesses or carries a handgun is guilty of a Class 2 misdemeanor.
    (b) This section does not apply:
    (1) To officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.
    (2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.
    (3) To an emancipated minor who possesses such handgun inside his or her residence.
    (4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.
    (c) The following definitions apply in this section:
    (1) Handgun. – A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.
    (2) Minor. – Any person under 18 years of age.

  12. #12
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    Quote Originally Posted by sultan62 View Post
    Turn it around on them. Tell them if they can find the law, not some officer or county clerk's opinion, you'll stop. Simple as that.

    ETA: calynn's incident is atypical for most NC carriers from what we have seen.

    Also, I've never spoken to police while OCing, and I'm not under 21, but I know for a fact that they have seen it on my side and have not done or said anything.

    ETA 2: You can OC in Durham county, and Chapel Hill as long as the length of your handgun is at least six inches. Cary is currently a no-no, but there's some discussion now going on, and I believe their statute is illegal. I still don't suggest OCing there, of course.

    Also, welcome to the OCDO!
    I do not know why I always let this bait me in. I was not going to say anything, but I just cannot help myself. OC is legal in Cary, they have a few stipulations, but with everyday going about your business, unless you are on some form of government property, most likely you are not affected.

    I OC in Cary almost every weekend. I have gone inside many stores, and we have even had a couple of OC meets in Cary. Not one issue, not one problem with LEO. And yes, I have been seen by LEO, and have talked to them while OC'ing, about something totally unrelated. Upon leaving was told to "carry safe". Sounds like a good indication to me.

    I agree, if you are new to OC or have concerns due to age or being harrassed, then by all means, get educated before you do. However, if you are concerned about the current regulations, learn them and "carry safe". I know I will and do.

  13. #13
    Regular Member sultan62's Avatar
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    Quote Originally Posted by acritical View Post
    I do not know why I always let this bait me in. I was not going to say anything, but I just cannot help myself. OC is legal in Cary, they have a few stipulations, but with everyday going about your business, unless you are on some form of government property, most likely you are not affected.

    I OC in Cary almost every weekend. I have gone inside many stores, and we have even had a couple of OC meets in Cary. Not one issue, not one problem with LEO. And yes, I have been seen by LEO, and have talked to them while OC'ing, about something totally unrelated. Upon leaving was told to "carry safe". Sounds like a good indication to me.

    I agree, if you are new to OC or have concerns due to age or being harrassed, then by all means, get educated before you do. However, if you are concerned about the current regulations, learn them and "carry safe". I know I will and do.
    Everything you said there is correct. I was embarrassed to see that it was my post you quoted.

    There is a ban on sidewalks, in public buildings, parks, etc. I believe the ban on OCing on city-owned sidewalks is illegal. Private property, including private parking lots, is unaffected by this ban.
    "They don't give a damn about any trumpet playing band
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    Quote Originally Posted by sultan62 View Post
    ...There is a ban on sidewalks...
    Kinda difficult to get around town and do biz without stepping on a sidewalk, isn't it?

    - OS

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    Out of respect and to not hijack this thread, since I have taken it off of it's original topic, this will be my last post on this subject and hopefully someone will post something that will get us back on topic.

    I agree with Sultan's last post, and hopefully if Cary's ban on sidewalks being illegal is true, we will get that overturned soon.

    However, Oh Shoot, I do not know when the last time I was actually on a sidewalk in any city. The area right in front of the store does not count. It refers to the sidewalk that runs along side the street.

  16. #16
    Regular Member sultan62's Avatar
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    Quote Originally Posted by acritical View Post
    SNIP
    ...hopefully someone will post something that will get us back on topic.
    I can do that!

    Jeremy, what have you found out/did you decide/did your mother, grandmother, and fiance say/etc.?
    "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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    Wink

    ok so i got a call from the attorney generals office today at around 11 am she pretty much told me i am legally allowed to have a handgun in my possession but she skirted around the issue when i asked "can i open carry a handgun" she kept saying "you cannot go armed to the terror" then i got kinda smart with her and said "thats not what i asked you" then she reluctantly said yes you can open carry a firearm at 19 as long as you are borrowing it and do not own it


    as far as my fiance and family when i got the call from the AG office it kinda hushed them up my fiance didnt even object when i open carried at dollar general on weschester in High point, Bojangles on weschester in high point, and walmart in thomasville =]


    i also got to hand out a nc open carry flyer to a guy at walmart when he complemented me on my piece and started askin if i was allowed to carry in walmart needless to say today has been a good day

  18. #18
    Regular Member sultan62's Avatar
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    The borrow and not own it thing is not true either. If you legally own it (which you can) you can OC it.

    It sickens me that our AG would not give you the information straight. You asked a simple question with a simple answer. The AG should not have skirted the issue.
    "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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  19. #19
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    Quote Originally Posted by sultan62 View Post
    The borrow and not own it thing is not true either. If you legally own it (which you can) you can OC it.

    It sickens me that our AG would not give you the information straight. You asked a simple question with a simple answer. The AG should not have skirted the issue.
    You have to get your sheriff you issue you a permit. That can be a bit difficult with some. They have more discretion with PPP's, unfortunately. After that you can buy one from an individual.

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    Quote Originally Posted by sultan62 View Post
    The borrow and not own it thing is not true either. If you legally own it (which you can) you can OC it....
    Federal law only prevents you from buying a handgun from FFL before the age of 21; it doesn't not prevent purchase in private sale.

    Edit: Forget y'all have the permit thing for handgun ownership, though.

    - OS
    Last edited by Oh Shoot; 11-16-2010 at 11:02 PM.

  21. #21
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    We have the same problem with the AG in Las Vegas. We vote the AG in to uphold the law and they have a hard time upholding the law without mucking it up with their own agenda and opinion.

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