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Thread: North Carolina Open Carry Law Question

  1. #1
    Regular Member MiaStar's Avatar
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    Question North Carolina Open Carry Law Question

    Hi all, I'm a newbie and so proud to be on this site and forum. I just have a quick question. I have read everything I could get my hands on in text and online about the NC Open Carry Law. It DOES NOT SAY that any openly carried firearm must be kept separate from ammunition, in other words....you can only "open carry" without any ammo in the gun. First of all, I have people saying this but at the same time, I see others with loaded handguns holstered.

    Second, there is NO POINT in open carry if the gun is to be carried in an unloaded and "ammo separate" fashion, unless one plans to use it to pistol whip or as a club in the event of an attack by a criminal, LOL. That is something I DO NOT plan to do. I plan to wear my new 1911 open carry beginning tomorrow, as soon as I purchase a full IWB holster. Have any of you heard of this "ok to open carry, but no ammo in gun" mess in NC? I know each county has a different Sheriff (and they like to make their own rules, at times, or at least try).

    However, in my county (Durham ;o/ ), there is no such law that I can find on the books, and no city ordinance against open carry (though I have yet to see anyone actually open carry here). Any help or info is greatly appreciated! I don't want to have a loaded magazine in my gun and then get arrested. I also see no point in wearing it if there is no ammo (I would just tuck ammo into my pocket or put it on my other hip in a mag holder).

    P.S. I have a 3 yr old daughter, am a petite lady, and I often feel vulnerable in public, esp. with my daughter. This is my reasoning for getting Certified in Concealed Carry-Handgun training, and will apply for my permit Monday. But, I know in Durham county they take up to 90 days to approve CCH/CCW. I don't wanna wait til the first of damn December 2011 to be able to carry a firearm legally for protection! I want to take advantage of the open carry law here, and NOW. Thanks!

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    Activist Member carsontech's Avatar
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    You probably already found it, but I would do some research in the North Carolina sub-forum:

    http://forum.opencarry.org/forums/fo...North-Carolina
    Last edited by carsontech; 09-01-2011 at 08:23 AM.

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    Regular Member sFe's Avatar
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    Yes you can openly carry with a loaded gun. I believe Cary is the only city that prohibits it.
    For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring. — Carl Sagan

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    Yes, you can carry a loaded handgun. However, if you are going to OC around your 3 yr old, I suggest a level-2 or higher retention holster like the Serpa so your daughter cannot accidentally pull it out of the holster or discharge it.

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    IWB holster for a 1911 milt sparks summer special!!! I think brownells has them for 90, they are spendy but the best IWB I have found.

    I do have two retention type holsters for my 1911, the first is a bianchi carry lok, I got on amazon for 55 or so. OWB
    I also have s Blackhawk CQB serpa holster that is OWB as well, but came with belt attachment and paddle attachment for quick removal.

    And welcome to our humble growing forum! people here are great!

    bdeep bdeep bdeep...thats all folks!


    Tim

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    Regular Member MiaStar's Avatar
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    Red face Thanks everyone for your replies!

    @sFE :

    Yep, you're right-- Cary prohibits open carry with loaded gun, and Chapel Hill prohibits open carry altogether.

    @tim12232 :

    Thanks I love Brownell's. I found a $7.97 pistol holster by Crosman at Walmart that will hold me over until I can shop for a more expensive leather or Kydex holster. It is very well-made and covers the entire pistol up to the tang and hammer, which is what I want. It has a shiny chrome-like finish and I didnt want it flashing people so I wanted the entire gun to be covered and held in place by a thumb break, which I fortunately have.

    I really like the Blackhawk Serpa CQC holsters...those are great. I think I'm leaning towards one by Blackhawk, ITAC, Pro-Tech, or a leather one of any brand, so long as it's black leather and has a mag pouch. This $7.97 holster has a mag pouch and I think its actually made for air-guns but it fits and was over $12 cheaper than the Pro-Tech ones on Ebay (which I may still purchase when I get my new gun on trade-in).

    @Greg Bradburn:

    I have the holster mentioned above and it has a strap that locks the pistol into the holster by plastic locking clip (idk what those are called but they are found commonly on fanny packs and backpacks (like male and female parts that clamp together and you press the sides to release). It is easy for me to remove but my daughter is not able to get to it.

    I keep my pistol locked in the safe when not actively wearing or having it in a place for easy access in home defense. I really like this holster though I have to find another that can cant 360 degrees...this one sits too high on my hip and I keep scratching my elbow on the butt of the 1911...the small Taurus TCP sits down in there fine though the pistol is too small for the holster.

    @carson-tech:

    Thanks for that link, as I had no idea there was a NC sub-forum here!

    -----------------------------------

    As a S/N yesterday, Friday, Sept. 2 I went and registered my handguns with the county (so if an officer questions me during open carry cuz some anti-gun wench called 911, I won't be in trouble for not following Durham county law and registering my firearms). Its free to do so and only took me about 5 mins though it took me a good 30-40 mins just to find out WHERE among the various Sheriff's offices to go.

    After the firearms were registered and I had my carbon copies to go (to be kept with the firearms at all times), I open carried for the first time. No probs except I got some weird looks from this guy in the parking lot as I was putting my daughter into a shopping cart at SuperTarget. I expected some problems but I had none. Seems most people didn't even notice I had the gun since I was pushing the cart, I'm of short stature and size (5'2", 120lbs), and my daughter was also in the cart to further obstruct view from the front.

    It felt good to open carry and now I'm trading in my too small Taurus .380 (TCP) for a bigger .380 or a decent 9mm on next Friday. My 1911 as much as I lover her is too heavy for me to carry in this holster. I will have to get a holster like I said that cants around 360 degrees or wear a shoulder holster over my clothes! The latter I don't quite want to do because that is too much of an aggressive look for me for daytime and open carry.

    I just wanna wear the 1911 on my hip so I'm trying to find the perfect holster that allows it to sit lower, cant, and covers the entire gun up to the barrel but isn't too tight on the barrel causing scratches because it does have a rail. I prefer to wear the 1911 .45 to the .380 though I wore the .380 Friday. I just couldnt get the .45 to sit comfortably on my hip. Maybe it was my belt. I will also need to get a 2" thick leather belt which I'm shopping for a sturdy one, or I may just use a cotton woven Army belt.

    Sorry so long! I thought I would be able to wear that .45 comfy but that thing had my jeans sagging down on 1 side and the holster and gun are leaning AWAY from my body at the top due to the sheer weight of the gun and the make of the holster...that is the main prob. I need it to ride close to my body and sit still, not bounce around each time I take a step. Guess that's what I get for the cheap holster purchase!!

    The gun falling away outward from my body due to weight is also why I kept hitting my elbow on the butt when I tried it on at home. So I got tired and wore the tiny .380 but I was not at all confident with that gun due to the small grip (I had trouble gripping and holding onto the sm. gun in practice and training, so imagine what would happen in an emergent or defensive situation...which is why I will trade for a bigger .380 or 9mm, and carry the .45 in the meantime).

    Yall have a great weekend! [in my best Southern voice].
    Last edited by MiaStar; 09-03-2011 at 09:17 PM.

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    Quote Originally Posted by MiaStar View Post
    @sFE :

    Yep, you're right-- Cary prohibits open carry with loaded gun, and Chapel Hill prohibits open carry altogether.
    Um, no - this is wrong.

    Open carry of loaded military sized handguns is protected by State v. Kerner.

    Cary is also generally preempted by state law as to regulating carry, except for parks and local facilities.

    As Fort Chapel Hill, their ordiance only bans open carry of small concealable handguns less than 6 inches in size - see their ordiance for how to measure. Thous Chapel Hill's ordinance probably passes muster under Kerner, it it still preempted by state law.

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    Regular Member MiaStar's Avatar
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    Thumbs up

    Quote Originally Posted by Mike View Post
    Um, no - this is wrong.

    Open carry of loaded military sized handguns is protected by State v. Kerner.

    Cary is also generally preempted by state law as to regulating carry, except for parks and local facilities.

    As Fort Chapel Hill, their ordiance only bans open carry of small concealable handguns less than 6 inches in size - see their ordiance for how to measure. Thous Chapel Hill's ordinance probably passes muster under Kerner, it it still preempted by state law.

    Ok thanks a lot!
    I find it funny these towns and municipalities try to ban open carry or put a lot of red tape on it, yet they are preempted by State law. Thanks much for the clarification! Cuz up until I learned this, I had made up in my mind to NEVER shop in Cary or Chapel Hill, and definitely never to move there since I value open carry.

    Cool-- well both my pistols would be large enough I surmise, to be excluded. The 1911 has a 5" barrel and the .38 super has a 4.5" barrel but I will find out how to measure to be exactly sure.

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    Have fun with your OC in NC... LOADED that is..

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    Mia,
    Have you ever considered a J frame or K frame revolver. Much more reliable if you are subject to limp wristing. If you're dead set on carrying an auto, do try out a Glock 26 for size.
    Last edited by AirBear; 10-04-2011 at 09:04 PM.

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    Regular Member papa bear's Avatar
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    MIASTAR welcome to OC . first of don't believe anything, till you verify it with written law. not even and especially LEO's, unless they can show you the law.

    try to get with some of the triangle meet up bunch they are all the time having meet ups in your area.

    http://www.meetup.com/Triangle-Open-Carry/

    also if you haven't joined already, please join GRNC
    http://www.grnc.org/
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    i you call a CHP a CCW then you are really stupid. period.

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    Quote Originally Posted by MiaStar View Post
    @sFE :

    Yep, you're right-- Cary prohibits open carry with loaded gun, and Chapel Hill prohibits open carry altogether.

    @tim12232 :

    Thanks I love Brownell's. I found a $7.97 pistol holster by Crosman at Walmart that will hold me over until I can shop for a more expensive leather or Kydex holster. It is very well-made and covers the entire pistol up to the tang and hammer, which is what I want. It has a shiny chrome-like finish and I didnt want it flashing people so I wanted the entire gun to be covered and held in place by a thumb break, which I fortunately have.

    I really like the Blackhawk Serpa CQC holsters...those are great. I think I'm leaning towards one by Blackhawk, ITAC, Pro-Tech, or a leather one of any brand, so long as it's black leather and has a mag pouch. This $7.97 holster has a mag pouch and I think its actually made for air-guns but it fits and was over $12 cheaper than the Pro-Tech ones on Ebay (which I may still purchase when I get my new gun on trade-in).

    @Greg Bradburn:

    I have the holster mentioned above and it has a strap that locks the pistol into the holster by plastic locking clip (idk what those are called but they are found commonly on fanny packs and backpacks (like male and female parts that clamp together and you press the sides to release). It is easy for me to remove but my daughter is not able to get to it.

    I keep my pistol locked in the safe when not actively wearing or having it in a place for easy access in home defense. I really like this holster though I have to find another that can cant 360 degrees...this one sits too high on my hip and I keep scratching my elbow on the butt of the 1911...the small Taurus TCP sits down in there fine though the pistol is too small for the holster.

    @carson-tech:

    Thanks for that link, as I had no idea there was a NC sub-forum here!

    -----------------------------------

    As a S/N yesterday, Friday, Sept. 2 I went and registered my handguns with the county (so if an officer questions me during open carry cuz some anti-gun wench called 911, I won't be in trouble for not following Durham county law and registering my firearms). Its free to do so and only took me about 5 mins though it took me a good 30-40 mins just to find out WHERE among the various Sheriff's offices to go.

    After the firearms were registered and I had my carbon copies to go (to be kept with the firearms at all times), I open carried for the first time. No probs except I got some weird looks from this guy in the parking lot as I was putting my daughter into a shopping cart at SuperTarget. I expected some problems but I had none. Seems most people didn't even notice I had the gun since I was pushing the cart, I'm of short stature and size (5'2", 120lbs), and my daughter was also in the cart to further obstruct view from the front.

    It felt good to open carry and now I'm trading in my too small Taurus .380 (TCP) for a bigger .380 or a decent 9mm on next Friday. My 1911 as much as I lover her is too heavy for me to carry in this holster. I will have to get a holster like I said that cants around 360 degrees or wear a shoulder holster over my clothes! The latter I don't quite want to do because that is too much of an aggressive look for me for daytime and open carry.

    I just wanna wear the 1911 on my hip so I'm trying to find the perfect holster that allows it to sit lower, cant, and covers the entire gun up to the barrel but isn't too tight on the barrel causing scratches because it does have a rail. I prefer to wear the 1911 .45 to the .380 though I wore the .380 Friday. I just couldnt get the .45 to sit comfortably on my hip. Maybe it was my belt. I will also need to get a 2" thick leather belt which I'm shopping for a sturdy one, or I may just use a cotton woven Army belt.

    Sorry so long! I thought I would be able to wear that .45 comfy but that thing had my jeans sagging down on 1 side and the holster and gun are leaning AWAY from my body at the top due to the sheer weight of the gun and the make of the holster...that is the main prob. I need it to ride close to my body and sit still, not bounce around each time I take a step. Guess that's what I get for the cheap holster purchase!!

    The gun falling away outward from my body due to weight is also why I kept hitting my elbow on the butt when I tried it on at home. So I got tired and wore the tiny .380 but I was not at all confident with that gun due to the small grip (I had trouble gripping and holding onto the sm. gun in practice and training, so imagine what would happen in an emergent or defensive situation...which is why I will trade for a bigger .380 or 9mm, and carry the .45 in the meantime).

    Yall have a great weekend! [in my best Southern voice].
    a quality gun belt/holster will take care of this problem. check out the beltman for a good leather belt (and its made in nc!) or wilderness tacticle for one made out of nylon.

    http://www.thebeltman.net/
    http://www.thewilderness.com/storepi...arent=142&pg=1

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    Quote Originally Posted by Mike View Post
    Um, no - this is wrong.

    Open carry of loaded military sized handguns is protected by State v. Kerner.

    Cary is also generally preempted by state law as to regulating carry, except for parks and local facilities.

    As Fort Chapel Hill, their ordiance only bans open carry of small concealable handguns less than 6 inches in size - see their ordiance for how to measure. Thous Chapel Hill's ordinance probably passes muster under Kerner, it it still preempted by state law.
    ^This!!!

    And I OC in Cary all the time without violating any draconian ordinances. I find that I don't walk on public streets, parks, or greenways very often! Although I still think it's BS that I'm restricted from doing so, it does not have much effect on my day to day errands or business.

    But at least two Cary cops (Burch and Harris) will gladly batter you before frog marching you out of whatever business you are in if someone calls the non-emergency number for the police to inquire about the legality of your carrying a pistol. Happened to me! Complaint filed immediately!

    http://forum.opencarry.org/forums/sh...highlight=cary
    Last edited by Smith45acp; 10-13-2011 at 09:24 PM.
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    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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    http://en.wikipedia.org/wiki/Gun_laws_in_North_Carolina


    Common Law State

    North Carolina is a Common Law State.[2] Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances.[3] In State v. Robert S. Huntley, it was ruled, in part:
    It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements—as a part of his dress—and never, we trust, will the day come when any deadly weapon will be worn or wielded in our peace-loving and law-abiding State, as an appendage of manly equipment. But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (sic) 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. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.[4]
    Because of State v. Huntley, and other court rulings,[3] caution is urged as to the areas a person frequents with firearms.[5]


    Open carry

    Open Carry is also legal throughout North Carolina[17]. In the city of Chapel Hill, open carry is restricted to guns of a certain minimum size, under the theory that small, concealable handguns are more often associated with criminal activity. No permit is required to carry a handgun openly in North Carolina.

  15. #15
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by sFe View Post
    Yes you can openly carry with a loaded gun. I believe Cary is the only city that prohibits it.
    Cary does not prohibit open carry. The ordinance only affects public property not private property. Plus the ordinance uses the word display which the NC Supreme court has ruled as to size, and there is a section that states the ordinance does not apply to the exercise of second amendment rights. Chapel Hill also has a display ordinance but it defines the size of the handgun displayed. The NC court ruling applies to any military type handgun. I have OC'd in Cary and on public highways, with police passing as I was adjusting straps on a truck with no problems. I also not heard of anybody being cited on the ordinance.
    Quote Originally Posted by Primus
    "Well.... If you take my hat. Decide to wear my hat. Its in your possession ."

    "I call popo say "he has my hat i left it at his house". They go talk to you. You say its yours. Sounds like a civil court matter."

    "Now I instead say he robbed me... Well popo done go and cuff you up I keep hat or it goes to evidence...you go to court I testify you done did rob me. You now have to prove you didn't...."

  16. #16
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by MiaStar View Post

    As a S/N yesterday, Friday, Sept. 2 I went and registered my handguns with the county (so if an officer questions me during open carry cuz some anti-gun wench called 911, I won't be in trouble for not following Durham county law and registering my firearms). Its free to do so and only took me about 5 mins though it took me a good 30-40 mins just to find out WHERE among the various Sheriff's offices to go.

    After the firearms were registered and I had my carbon copies to go (to be kept with the firearms at all times), I open carried for the first time. No probs except I got some weird looks from this guy in the parking lot as I was putting my daughter into a shopping cart at SuperTarget. I expected some problems but I had none. Seems most people didn't even notice I had the gun since I was pushing the cart, I'm of short stature and size (5'2", 120lbs), and my daughter was also in the cart to further obstruct view from the front.

    It felt good to open carry and now I'm trading in my too small Taurus .380 (TCP) for a bigger .380 or a decent 9mm on next Friday. My 1911 as much as I lover her is too heavy for me to carry in this holster. I will have to get a holster like I said that cants around 360 degrees or wear a shoulder holster over my clothes! The latter I don't quite want to do because that is too much of an aggressive look for me for daytime and open carry.

    I just wanna wear the 1911 on my hip so I'm trying to find the perfect holster that allows it to sit lower, cant, and covers the entire gun up to the barrel but isn't too tight on the barrel causing scratches because it does have a rail. I prefer to wear the 1911 .45 to the .380 though I wore the .380 Friday. I just couldnt get the .45 to sit comfortably on my hip. Maybe it was my belt. I will also need to get a 2" thick leather belt which I'm shopping for a sturdy one, or I may just use a cotton woven Army belt.

    Sorry so long! I thought I would be able to wear that .45 comfy but that thing had my jeans sagging down on 1 side and the holster and gun are leaning AWAY from my body at the top due to the sheer weight of the gun and the make of the holster...that is the main prob. I need it to ride close to my body and sit still, not bounce around each time I take a step. Guess that's what I get for the cheap holster purchase!!

    The gun falling away outward from my body due to weight is also why I kept hitting my elbow on the butt when I tried it on at home. So I got tired and wore the tiny .380 but I was not at all confident with that gun due to the small grip (I had trouble gripping and holding onto the sm. gun in practice and training, so imagine what would happen in an emergent or defensive situation...which is why I will trade for a bigger .380 or 9mm, and carry the .45 in the meantime).

    Yall have a great weekend! [in my best Southern voice].
    Mia I carry two guns, and have no problems with sagging, but I use a thick 2 inch belt and do not use the loops. I wear my gun belt lower on the waist riding on my hip, instead of the waist. It is much more comfortable than having the gun pulling down on the pants. Good holster always helps too. A duty holster will help with the weight of the 1911, if you do not mind a holster that sits lower. I carried my 1911 for years in a Safariland duty holster for years comfortably 12 hours a day. The only problem was with cars with a bench seat, but all of our cars had bucket seats. Unfortunately my F150 had a bench.
    Quote Originally Posted by Primus
    "Well.... If you take my hat. Decide to wear my hat. Its in your possession ."

    "I call popo say "he has my hat i left it at his house". They go talk to you. You say its yours. Sounds like a civil court matter."

    "Now I instead say he robbed me... Well popo done go and cuff you up I keep hat or it goes to evidence...you go to court I testify you done did rob me. You now have to prove you didn't...."

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    Somebody was bored digging up year old threads.

  18. #18
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    Quote Originally Posted by NC-Heel View Post
    Somebody was bored digging up year old threads.
    Ya know I didn't even realize it was an old thread until you pointed it out~~mea culpa
    Quote Originally Posted by Primus
    "Well.... If you take my hat. Decide to wear my hat. Its in your possession ."

    "I call popo say "he has my hat i left it at his house". They go talk to you. You say its yours. Sounds like a civil court matter."

    "Now I instead say he robbed me... Well popo done go and cuff you up I keep hat or it goes to evidence...you go to court I testify you done did rob me. You now have to prove you didn't...."

  19. #19
    Regular Member papa bear's Avatar
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    Quote Originally Posted by NC-Heel View Post
    Somebody was bored digging up year old threads.
    hey what do you guys want. you get fussed at for bringing up a subject that has been posted in the past (that noobs didn't know ) and you fuss when they bring a past post for more discussions

    if you don't like a post, shut up and don't read it and don't answer it
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
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    i you call a CHP a CCW then you are really stupid. period.

  20. #20
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    Maybe the noob didn't notice the last posted date, and it just went from there. At least he cited his reference.

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    Quote Originally Posted by papa bear View Post
    hey what do you guys want. you get fussed at for bringing up a subject that has been posted in the past (that noobs didn't know ) and you fuss when they bring a past post for more discussions

    if you don't like a post, shut up and don't read it and don't answer it
    It would have been fine if James had brought this back to the top to ask a similar question or expand upon the discussion but all James did was copy and paste from Wikipedia. All that was accomplished by that was re-answering the OP's question that was asked then answered over a year ago.

    Also why would someones very first post to this website be a cut and paste from another website to a thread that had been dormant for 13 months? Seems kinda trollish to me. Like Walking Wolf I read through this thread only seeing the September post date and not noticing the 2011 part. I got to the end and something did not feel right so I looked closer at the date and realized what had happened.

    Never did I fuss or state I did not like the post. I pointed out that it was an old thread brought back from the dead.

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