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Thread: open carry in catawba county (i live in hickory and only have a motorcycle)

  1. #1
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    Question open carry in catawba county (i live in hickory and only have a motorcycle)

    I have owned a handgun since the day I turned 21(25 now), and wasn't aware of open carry until a few days ago. So to get more info about how the local LEO would handle another citizen calling in with a man with a gun, and getting the "going armed to the terror of the public" bs thrown at me. I decided to call catawba county sheriffs office and was told that even if I was folowing the nc open carry law and just going about my daily routing not acting in a threatning manner or anything of the sort, all it would take is for one citizen to get "scared" just because the weapon is holstered on my hip, and I would be charged with GATTTOTP. I am 95% sure she is only giving her interperation of the GATTTOTP law. I also read a thread on here where the police chief of hickory informed his officers not to throw GATTTOTP just for a law obiding citizen with a holsterd gun, but I believe the police chief has changed.This sorta thing makes me second guess open carry.I e-mailed the current police chief yesterday and still no response. I have read the oc and statues, I understand them but I feel like the LEO will do what they want with me. I have also never seen any one else OCing here and I have lived here for a year now and think I would get a lot of attention good and bad, I won't mind the attention as I want to make more people aware of their rights. Bottom line what should I do from here, take my chances OCing or let the law be twisted to where I fee like it would be more of a hassle to OC. I will go ahead and apologize for the mis-spelling I'm using my phone. Any info or help on the situation would be great.

  2. #2
    Regular Member MKEgal's Avatar
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    what should I do from here, take my chances OCing or let the law be twisted to where I fee like it would be more of a hassle to OC
    It's entirely your call.

    Some people feel that they don't want to chance a less-than-legal encounter with law enforcement, with the attendant hassles & potential for having their property stolen, having to appear in court, embarrassment in the media, etc.

    Others are willing to "take one for the team" if it happens, using LEOs behaving badly as an educational opportunity. The upside being that when LEOs break the law & infringe your rights, it can have monetary rewards for you, & the agency generally changes its practices.

    The one thing you DON'T want to do is set up an opportunity for LEOs to abuse you.
    Go about your daily business, but unless you're setting up or attending an OC event don't go out of your way to call attention to it.

    LEOs who know & respect the law won't bother you (& in fact some will tell the fraidy-cat anti-rights folks that what you're doing is legal). The bad ones will hassle you no matter how legal whatever you're doing. In between, you may find some who don't know the laws as well as you do, & you have the opportunity to educate them & spare other OCers the same hassle.

    Do watch the videos on YouTube "don't talk with cops" parts 1 & 2, and browse www.flexyourrights.org
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    The town of Cary pretty much has a blanket ban on visible weapons in public spaces (parks, sidewalks, roads etc.).

    I called to ask their opinion on OC'ing on my motorcycle, and they said motorcycle carry should be treated like any other vehicular carry. So I rode on.

    In other towns / cities I have never been pulled over because of it. And many officers have noticed along the way. Raleigh PD in particular seems to be pretty good about OC.
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    Quote Originally Posted by MKEgal View Post
    Others are willing to "take one for the team" if it happens, using LEOs behaving badly as an educational opportunity. The upside being that when LEOs break the law & infringe your rights, it can have monetary rewards for you, & the agency generally changes its practices.
    That would be me. It can get expensive, even if your charges are dismissed and all that. I'm looking at $1000 for representation and to get that charge expunged from my record. Upside is I may get some "help" paying off some student loans.

    I ride with mine. Just be sure you know what the consequences can be. When I first started OCing, I thought, "well what are they going to do, arrest me for doing something legal???" Turns out, yes, it may happen (it did with me). So be prepared for the worst, and hope for the best.
    Last edited by calynn; 01-19-2011 at 11:13 PM.

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    I live in Conover and I OC everyday in our area... I have a XDSC 40... I dont worry about cops... I dont break the law so nothing to worry about... Carry a voice recorder and use it.... Dont tell ANYONE you are using one... that way the LEO will not censer what he says...
    Just know the places you cant carry in and stay away from them...

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    Quote Originally Posted by jeffrey xd45 View Post
    ...all it would take is for one citizen to get "scared" just because the weapon is holstered on my hip,.
    Bullshlit. Read State V. Huntley..."But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime."


    Probably why she is a desk jockey instead of actually out on a beat. I have a Yamaha Vstar 1100. Have OC'd on many occasions with no problems.


    http://www.guncite.com/court/state/25nc418.html
    Last edited by NCjones; 01-21-2011 at 02:37 PM.

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    I've been OC'ing around Hickory for about 2 yrs. Dealt with Longview PD and NCSHP with no issues. Dealt with a few off duty LEO's with no issues.

    Keep in mind that the Catawba County Sheriff does not speak for Hickory PD. I was in Hickory's communications center when a MWAG call came in. Noone freaked out, no sirens, no SWAT; just a call to check it out when the got time.

    The only issue I have ever had was in Granite Falls Walmart. Asst Mgr told me he would not have let me enter if he had seem my pistol. I got that straightened out.

    I've OC'd at Best Buy, Target, well most of the shops in that center. HH Greg. All 3 Walmarts around here. A bunch of restaurants. Most of the local auto parts stores. Lowes, Home Depot, Petco, Lowes foods. Basically, if it were a serious issue I would have had an official encounter with a LEO by now. That has not happened.

    I'll tell you what I tell everyone. Know the laws, know the case law, and know your rights. Read up here a lot. And welcome aboard from Longview.

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