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Thread: Traveling to NC, have CWP from virginia, little confused.

  1. #1
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    Traveling to NC, have CWP from virginia, little confused.

    Ok, i see that you guys have some issues down there with open carry in certain cities? whats the deal with this? Is there a map of no go places?

    like i said, i have a CWP from virginia (resident), and dont have too much of a problem CC'ing...but i would like to know where to avoid. I will be heading down to the Bladenboro area.

    I see you guys cannot carry into a restaurant that serves alcohol.... so i know that is out. But where else can i find the key guidelines?

    Thanks!

    ~DJ

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    Have a safe trip.

    Quote Originally Posted by DJEEPER View Post
    Ok, i see that you guys have some issues down there with open carry in certain cities? whats the deal with this? Is there a map of no go places?

    like i said, i have a CWP from virginia (resident), and dont have too much of a problem CC'ing...but i would like to know where to avoid. I will be heading down to the Bladenboro area.

    I see you guys cannot carry into a restaurant that serves alcohol.... so i know that is out. But where else can i find the key guidelines?

    Thanks!

    ~DJ
    http://www.handgunlaw.us/states/northcarolina.pdf

  3. #3
    Regular Member REDFIVE48's Avatar
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  4. #4
    Regular Member REDFIVE48's Avatar
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    Quote Originally Posted by hotrod8812 View Post
    Noticed this piece around restaurant carry in the link provided:

    Carry in Restaurants That Serve Alcohol
    NO
    Note: What is defined as carry in a restaurant that serves alcohol is a place like Friday’s or Red
    Lobster. This may or may not mean the bar or the bar area of a restaurant. But you can carry your
    firearm into a restaurant that serves alcohol and sit and eat.
    Handgunlaw.us recommends you not sit
    at the Bar or in the Bar area of such restaurants. In some states it is illegal to be in the Bar area of
    such restaurants. Handgunlaw.us believes you should never consume alcohol when carrying your
    firearm. In some states it is illegal to take even one drink while carrying a firearm

    I believe the site is incorrect as there is no distinction in the prohibition between being in the bar area or not, if they serve alcohol, you can't carry (we are working hard to get this law fixed).
    Last edited by REDFIVE48; 05-25-2011 at 01:54 PM.

  5. #5
    mattwestm
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    Quote Originally Posted by REDFIVE48 View Post
    Noticed this piece around restaurant carry in the link provided:

    Carry in Restaurants That Serve Alcohol
    NO
    Note: What is defined as carry in a restaurant that serves alcohol is a place like Friday’s or Red
    Lobster. This may or may not mean the bar or the bar area of a restaurant. But you can carry your
    firearm into a restaurant that serves alcohol and sit and eat.
    Handgunlaw.us recommends you not sit
    at the Bar or in the Bar area of such restaurants. In some states it is illegal to be in the Bar area of
    such restaurants. Handgunlaw.us believes you should never consume alcohol when carrying your
    firearm. In some states it is illegal to take even one drink while carrying a firearm

    I believe the site is incorrect as there is no distinction in the prohibition between being in the bar area or not, if they serve alcohol, you can't carry (we are working hard to get this law fixed).
    In some states, you can carry in a restaurant that serves alcohol, as long as you sit away from the bar and don't drink. In NC, it's illegal to carry, even if you aren't drinking. Basically, you cannot carry in any place that serves alcohol. I think that paragraph might have been copied and pasted from another state. I've seen it on several other PDFs.

    § 14‑269.3 (a):
    "It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor."
    Last edited by mattwestm; 05-25-2011 at 08:53 PM.

  6. #6
    Regular Member Dreamer's Avatar
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    "mattwestm" is correct. You may NOT carry (OC or CC) in ANY establishment that serves alcohol for consumption on-premise. That means places like Pizza Hut, Ruby Tuesdays, sports bars, and Olive Garden. Avoiding the "bar area" is NOT OK--these restaurants generally have a "liquor license" that covers the ENTIRE restaurant in NC--even their outdoor dining areas. So in NC, if there is ANY type of booze (beer, wine, liquor) on the menu, the place is OFF LIMITS for carry in any configuration. Period...

    Also, you may NOT carry in any venue that charges for admission. This means amusement parks, movie theaters, concert venues, conventions museums, or tourist attractions with admission fees, etc.

    Silly, huh?

    Also, you generally can't carry in any government buildings. State government buildings are specifically off-limits by state law. Most local governments also have local ordinances prohibiting carry in their buildings--and are usually posted as such.

    Some municipalities have prohibitions against carry in city parks, but this is a questionable policy under NC statute. Parks may or may not be posted, and carry may or may not be prohibited--the only way to find out is to look for signs, and if there are none, look up the city codes. But even if a city DOES ban carry in city parks, such a ban is questionable (well, actually it's flat out illegal) under NC State law. Cities DO NOT have the authority to pass such laws regarding public property (except for buildings).

    And although OC is OK in National Parks in NC, it is against State Law to carry in State Parks. Yep... I can carry at the Wright Brother's National Monument Park (and have on several occasions), but right down the road, I can NOT carry at Jockey Ridge State Park to fly my big kites... We're working on that one though...

    Most malls in NC are posted. If you carry in a posted venue, you will probably be asked to leave. The worst they can do to you is charge you with trespassing if you don't leave, but some "security guards" and some LEOs (some large malls in urban areas actually have special LEOs as security) will go out of their way to harass, intimidate, and attempt to illegally charge you with made-up violations.

    Know the law. Have a lawyer on speed-dial if you are particularly paranoid. Carry a few "NC Open Carry" brochures. And ALWAYS carry a voice recorder of some type.

    NC is generally pretty cool with OC. The rural areas are pretty much trouble-free for OCers, from my experience. Some of the urban areas (Raleigh, Charlotte, Fayetteville, Durham, Cary) have a few loose-cannon-LEOs, but generally NC is almost as OC-friendly as VA (with the exception of the "restaurant and theater bans"...) I've even carried in Nags Head--ON THE BEACH. The Beach is not a State Park--it is owned by the City...

    Welcome to the Tarheel State, and we hope you have a trouble-free trip!

    Exactly what part of NC are you planning to visit?
    Last edited by Dreamer; 05-25-2011 at 09:21 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  7. #7
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    thanks for the great input!

    I will be down in the Bladenboro area with the fiancee visiting family. Here in VA, i carry everywhere....restaurants, movies, mall, etc etc. I even work with my sidearm on (i have awesome bosses). I cant think of any day in the past 4 months where i didnt have my sidearm.

    I heard about Cary.... whats the deal there?

  8. #8
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by DJEEPER View Post
    I will be down in the Bladenboro area with the fiancee visiting family. Here in VA, i carry everywhere....restaurants, movies, mall, etc etc. I even work with my sidearm on (i have awesome bosses). I cant think of any day in the past 4 months where i didnt have my sidearm.
    Yeah, there is a good reason why paddle holsters are VERY popular in NC--we can't carry in so many weird and nonsensical places.

    VA has it GREAT these days. I'm looking VERY seriously at moving back to VA after I finish grad school here in NC. I drive through VA a LOT, because I have family in MD that I visit frequently, and I LOVE the freedom and liberty that you enjoy in the Commonwealth.


    Quote Originally Posted by DJEEPER View Post
    I heard about Cary.... whats the deal there?
    Can't carry on "city property" in Cary--which means parks, parking lots that service city government buildings, etc. But since streets and sidewalks in NC are owned by the State, it is technically legal to OC, but there have been some issues with "overzealous" LEOs.

    I'd just say to avoid Cary if you can--and not just for the OC issues.

    There are plenty of other nice places in NC in which to spend your time.
    Last edited by Dreamer; 05-25-2011 at 09:43 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  9. #9
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    This is good to know.

    I have been known to toss my AR15 pistol on my back and take a long drive on my motorcycle (AND ITS LEGAL!). Virginia gun laws are a good step in the right direction....though it still is not perfect. I would not, however, attempt to do this in NC because you guys have that weird terror clause....doesnt make sense to me!

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