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No Fix for OC Ban

hotrod08

New member
Joined
Dec 28, 2009
Messages
211
Location
, ,
HB111 does not permit OC in restaurants that serve alcohol.
HB111 does not fix the ban on OC in joints the serve booze.

OC will not be fixed in NC.

Oops!

I am NOT a Lawyer.

The way HB 111 is wrote right now its only valid (If it passes) for people who have a valid Concealed Handgun Permit, it doesn't prohibit Opencarry.
You would just have to have a CHP to OC in Restaurants that serve Alcohol.

Someone please Correct me if I am wrong.
 
Last edited:

hotrod08

New member
Joined
Dec 28, 2009
Messages
211
Location
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Ahhh, I just read the 4th Edition and the wording has been changed from the one I read.
 
Last edited:

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
This is a BS rule. All that HB111 REALLY does is make it inlawful for municipalities to have prohibitions on their property that aren't posted. Essentially this bill says "You can't make it illegal to carry on your property, unless you hang a sign that says so, then it's fine..."

This is BS--it's just like the NC "Preemption" statute, that says a city can't make laws restricing carry more strict than state law--unless they do it, then it's fine...

More toothless language, being used to blow smoke up the bums of the pro-gun movement...


We need to have a strong and decisive State Preemtion statute--like VA--that says in NO UNCERTAIN TERMS that cities and municipalities CAN NOT, under NO CIRCUMSTANCES have restrictions on guns that are more restrictive than State law. Period...

Baby-steps, I know. We're making baby steps. But this wording in HB111 isn't really a step forward--it's marking time...
 

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
§ 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed. (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.
(b) This section shall not apply to the following:
(1) A person exempted from the provisions of G.S. 14‑269;
(2) The owner or lessee of the premises or business establishment;
(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and
(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. [FONT=Times New (W1)](1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)[/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)] if i am reading line 3 correctly, does that mean if i get permission from the organization that controls the event i can carry?
[/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)]
[/FONT]
 

Carry24/7

Regular Member
Joined
Apr 2, 2011
Messages
184
Location
Belmont, NC
§ 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed. (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.
(b) This section shall not apply to the following:
(1) A person exempted from the provisions of G.S. 14‑269;
(2) The owner or lessee of the premises or business establishment;
(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and
(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. [FONT=Times New (W1)](1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)[/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)] if i am reading line 3 correctly, does that mean if i get permission from the organization that controls the event i can carry?
[/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)][/FONT]
[FONT=Times New (W1)]
[/FONT]

That's how I read it. The part that could be questioned is if your participating. Does that mean you have to be actively involved or is just being therer enough?
 

EricDailey X-NRA

Regular Member
Joined
Apr 23, 2011
Messages
209
Location
Wake County, NC
"an eating establishment or a restaurant", "park within the State Parks System"

This is a BS rule. All that HB111 REALLY does is make it inlawful for municipalities to have prohibitions on their property that aren't posted. Essentially this bill says "You can't make it illegal to carry on your property, unless you hang a sign that says so, then it's fine..."

This is BS--it's just like the NC "Preemption" statute, that says a city can't make laws restricing carry more strict than state law--unless they do it, then it's fine...

More toothless language, being used to blow smoke up the bums of the pro-gun movement...


We need to have a strong and decisive State Preemtion statute--like VA--that says in NO UNCERTAIN TERMS that cities and municipalities CAN NOT, under NO CIRCUMSTANCES have restrictions on guns that are more restrictive than State law. Period...

Baby-steps, I know. We're making baby steps. But this wording in HB111 isn't really a step forward--it's marking time...



HB 111 does allow CHP carry in restaurants that serve alcohol and the private property owner may post his place to ban CHP carry if he wished to do so. This is what private property owners should be allowed to do. They can allow or deny CHP carry as they see fit. We can go to another business with our money. Good.

HB 111 fails to grant OC under the same conditions of property owners wishes. NO OC will be allowed in restaurants that serve alcohol.

HB 111 does allow CHP in State Parks. NOT OC in State Parks.

HB 111 does allow "A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities" ... "recreational facilities" includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility."

Local Parks is removed from the language so CHP is allowed in Parks but
OC is not allowed in Parks.

HB 111 does not fix the OC ban in NC.

Oops!
 
Last edited:

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
Yeah, I support the bill as a step in a better direction. Note that I did not say right direction. I also addressed my concern with my rep that they were elevating a legislated privilege above a constitutional right.
 
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