GRNC Alert 9-1-11: Restaurant carry: Could YOU be prosecuted?

Grass Roots North Carolina, P.O. Box 10665, Raleigh, NC 27605, 919-664-8565, www.GRNC.org

GRNC Alert 9-1-11:
Restaurant carry: Could YOU be prosecuted?

Watauga D.A. wantonly misinterprets restaurant carry ban;
COULD YOU BE PROSECUTED FOR CARRYING IN A GROCERY STORE?

At precisely the moment House Bill 111 for concealed carry in restaurants is languishing in the Senate Judiciary II Committee, a western North Carolina man is being prosecuted for carrying a firearm in violation of GS 14-269.3 - a place where "alcohol is sold and consumed" - EVEN THOUGH HE IS CLEARLY INNOCENT.

To be clear: GRNC is not defending the actions of the man in question. He also faces the common law charge of "going armed to the terror of the public" and might well be guilty as charged. But the arrogance of local law enforcement and the district attorney clearly signal that you too might come under the prosecutorial knife, and that we need restaurant carry RIGHT NOW!

Arrested in Burnsville, Larry Dean Hunter is charged with "Going armed to the terror of the public" and violating GS 14-269.3, which bars firearms "where alcoholic beverages are sold and consumed." The problem? He was arrested for displaying a firearm in an INGLES SUPERMARKET, where alcohol might be sold, but is definitely not "consumed."

An innocent mistake on the part of law enforcement? Think again. GRNC president Paul Valone actually called the office of District Attorney Jerry Wilson, representing Avery, Madison, Mitchell, Watauga, and Yancey Counties. Here is how the conversation went:

Valone: "I am calling regarding the potential misinterpretation of a pending case regarding our concealed handgun statute in Yancey County. Can you direct me who to talk to?"

D.A. office: "Are you a defendant or a relative in the case?"

Valone: "I don't want to talk about the case. I want to talk to the District Attorney about GS 14-269.3."

D.A. office: "I'm terminating this call now." CLICK.

Given that GRNC had already made attempts to contact the Burnsville Chief of Police, Brian Buchanan, and did contact the town's mayor, Danny McIntosh, it is safe to say that D.A. Jerry Wilson is aware of the case and dodging questions on a prosecution they clearly intend to continue, despite the fact that GS 14-269.3 clearly does not apply.

IMMEDIATE ACTION REQUIRED

* CALL ELECTED DISTRICT ATTORNEY JERRY WILSON and let him know you are on to his scam: Wilson's office number is 828-268-6610.

* CONTACT BURNSVILLE MAYOR DANNY MCINTOSH and deliver the message that he needs to keep a tighter leash on his clearly anti-gun Chief of Police, Brian Buchanan. McIntosh can be reached at either mayor@townofburnsville.org or 828-682-2420.

* CONTACT SEN. PHIL BERGER: This is most important. As President Pro Tem of the NC Senate, it is Berger who controls the fate of HB 111 for concealed carry in restaurants which serve alcohol. E-mail AND call Berger at Phil.Berger@ncleg.net and (919) 733-5708. Deliver the message below.

DELIVER THIS MESSAGE

Dear Senator Berger:

Your inaction in passing concealed carry in restaurants is now resulting in criminal prosecution by a malicious district attorney who is reading the ban on firearms in places where alcohol is sold and consumed to include even grocery stores. The D.A. is Jerry Wilson of Watauga County and the citizen is Jerry Dean Hunter, who is being prosecuted for having a gun in an Ingles Supermarket.

Passing the restaurant carry language in House Bill 111, which is still alive but languishing in the Senate Judiciary II Committee, could solve the problem. Moreover, it could deter crime. According to the Richmond "Times-Dispatch," after Virginia passed restaurant carry, major crimes in restaurants dropped by 5.2%.

Gun owners didn't give control of the legislature to Republicans only to have them slavishly adhere to polling of a public which is unaware that permit-holders would still be prohibited from imbibing alcohol. And reports that you refused to include restaurant carry in House Bill 650 in order to protect Republican legislators in marginal districts are now moot: Republicans redrew the districts.

If Republicans want continued support from Second Amendment advocates, they should deliver on legislation they were elected to pass. I will be monitoring your actions via Grass Roots North Carolina legislative alerts.

Respectfully,

HELP GRNC PASS RESTAURANT CARRY

We have a few short months before the legislature returns to Raleigh - and then few short weeks to pass restaurant carry before the opportunity is lost, perhaps forever. To pass House Bill 111, GRNC wants to do a public education campaign to counter media misinformation about "drunks with guns." But to do that, we need money - money which right now we don't have. Will you help?

* JOIN GRNC OR SIGN UP NEW MEMBERS: If you are not already a member, please join! If you are, please renew! If you know someone who isn't, sign them up! Go to: http://grnc.org/join_grnc/join_grnc.htm

* DONATE TO GRNC: Beyond even membership, we need your donations. As a volunteer organization, we promise to deliver "Max bang for your legislative buck." To donate, go to: http://grnc.org/join_grnc/contribute.htm

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Contribute to the cause! Give generously to protect your rights.
http://grnc.org/join_grnc/contribute.htm

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You may find your NC STATE representative by going here:
http://www.grnc.org/contact_reps.htm

You may write your FEDERAL congressman by going here:
http://www.house.gov/writerep/

You may write your FEDERAL senators by going here:
http://www.senate.gov/

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Support these PRO RKBA merchants who, as GRNC sponsors, are supporting your Second Amendment rights:

Hyatt Gun Shop, 3332 Wilkinson Blvd., Charlotte, NC 28208, 704-394-0387, www.hyattguns.com
C & E Gun Shows, 4225 Fortress Drive, Blacksburg, VA 24060; Phone 540-953-0016 or 888-715-0606; http://www.cegunshows.com/
Dixie Gun and Knife Shows, PO Box 21049, Raleigh, NC 27619, ph: 919-781-1287, www.dixiegunandknifeshow.com/
Ryan & Nina Leonard, Down South Ammo, Home of "SOUTHERN THUNDER" Exploding Targets, http://downsouthammo.com/
Duncan Gun & Pawn, 414 Second St., North Wilkesboro, NC 28659, 336-667-6303, www.duncangun.com
Shooter's Express, 2 Caldwell Dr., Belmont, NC 28012, 800-358-GUNS, www.shootersexpress.com
The Aisle Pawn Shop, 216 N. Main St., Mooresville, NC 28115, 704-663-5656
Gunner's Alley, LLC, 203 N. Harrison Ave., Ste. 130, Cary, NC 27513, www.gunnersalley.com, 919-388-1991, contact: Ed Guerriero, ed@gunnersalley.com
Lake Norman Firearms, Inc., 20823 N. Main Street, Cornelius, NC 28031, www.lknfirearms.com, 704-892-7839
Vanguard Security Consulting, LLC, 19135 W. Catawba Ave, Cornelius, NC 28031
DoubleD Media, 8300 Raintree Lane, Charlotte, NC 28277, ph: 704-650-5555, fx: 704-544-0326, donna@doubledme.com

http://www.wkyk.com/news.shtml

"Yancey Man Arrested for Incident At Ingles Supermarket

07/29/2011

Burnsville Police have arrested the man who caused a stir at Ingles Supermarket Wednesday afternoon. 54-year-old Larry Dean Hunter was arrested at his residence on Cane River Church Road at around 7 p.m. Thursday without incident, according to Police Chief Brian Buchanan. Hunter, who entered Ingles sometime before 4 p.m. on Wednesday and reportedly displayed a gun and became irate inside the store, frightening several customers, was able to leave the premises before the Burnsville Police and the Yancey County Sheriff’s Department arrived. Surveillance video at the store helped authorities identify Hunter and officials were able to keep an eye on his house until they were able to apprehend him while he was outside working in his yard. “Everything went down smoothly and no one was injured during the arrest,” Chief Buchanan said. Hunter was charged with “going armed to the terror of the people and carrying a firearm into an establishment where alcohol is sold or consumed”, according to Buchanan. Hunter was released on bond and faces a future court date in Yancey County."


I'm not saying that the charge of carrying in an estabishment where alcohol is sold and consumed is the correct charge for this case. If he was acting in an irate manner I can understand why they felt the need to press GATTOP but unless his firearm left his holster I believe it shouldn't stand up. Sounds like he just needs a stern talking to.

Btw, I only posted the entire story because it was way down a very long page and I wanted to save everyone some time but won't make it a habbit.

This would be a good example of why you should read all the facts before coming to a conclusion. I hadn't gotten around to reading the whole story yet, and the only thing I knew about it is what I'd read in the OPs post. Which made it seem as if the man was completely innocent and all he did was carry into a store. But apparently that isn't the case, and whether or not he touched his firearm, he was still in the wrong in behaving the way he did. Im not saying that the charge being brought against him is the right one, infact I believe they're just stretching to get him with whatever they can, and that's wrong as well. I still don't have all the facts, I don't know what he became irate over, but anybody carrying a weapon should not be overreacting like that. Situations like that can be a hindrance on moving forward to re-secure our gun rights.

So when it comes down to it, he was wrong in the way he acted, and they're wrong in the way they're handling it. It's all one big messed up situation.

Edit: And the press should read up on the law before misquoting it, "sold or consumed"

I just hope LEO's out there don't read this story and get the wrong idea and think it's open season on grocery stores, gas stations and walmarts, etc. by the slurry of misinformation.

Maverick9110e said:

I just hope LEO's out there don't read this story and get the wrong idea and think it's open season on grocery stores, gas stations and walmarts, etc. by the slurry of misinformation.

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I just emailed wkyk to confront them about their quote from Buchanan. Even if that's what he said, it should be noted that this is NOT what the law states

We should probably contact Burnsville Mayor Danny McIntosh about his Chief of Police's misrepresentation of the law as well. The way he publicly misquoted the law to fit his own needs.

thanks LCK, i had found this article and was going to post it. i noticed there were several firearms stories in the list.

i personally would like the rest of the story. as for as we know the guy just walked in OCing. the statements in the article could be interpreted this way. we are only getting the LEOs thoughts on this.

anyone in this area know more about it?

papa bear said:

thanks LCK, i had found this article and was going to post it. i noticed there were several firearms stories in the list.

i personally would like the rest of the story. as for as we know the guy just walked in OCing. the statements in the article could be interpreted this way. we are only getting the LEOs thoughts on this.

anyone in this area know more about it?

Click to expand...

Very true. I too would like to know the full story. Because both sides are just going to point the finger at the other. I wonder if there's a full neutral story to it based on facts and not just individual viewpoints. I know that's asking a lot since it's rare to even get that with news stories anymore.

I think I might have met him once. Back when we had the Restore the Constitution rally in Greensboro, there was a pretty good sized group of OCers who met at Stamey's on Battleground Avenue beforehand for lunch. I remember a rather outspoken, semi-abrasive dude named Larry was there, flying a large American flag upside down from his pickup truck. He's the right age & temperament to possibly be the same guy.

Sent from my SAMSUNG-SGH-I897 using Tapatalk

ArmySoldier22 said:

Very true. I too would like to know the full story. Because both sides are just going to point the finger at the other. I wonder if there's a full neutral story to it based on facts and not just individual viewpoints. I know that's asking a lot since it's rare to even get that with news stories anymore.

Click to expand...

I was going to post multiple news stories to try to get the specifics of this nonsense but this was the only one I could find. I agree more detail would be nice.

Why should we be promoting for a change to 14-269.3 when what we should be promoting is the complete removal of it? Removing it completely would benefit both OC and CC.

I love how the guy changed it from "alcohol is sold AND consumed" to "alcohol is sold OR consumed". We are probably missing part of the story. Someone in the area should file a FOIA request for the paperwork.

I certainly would like to hear more details before making a judgement. Some people consider OC displaying, Cary has even used this wording to try to outlaw OC. The stir could just be entering the store with a firearm in the holster. The reporting on this incident is vague to say the least.

dmatting said:

Why should we be promoting for a change to 14-269.3 when what we should be promoting is the complete removal of it? Removing it completely would benefit both OC and CC.

Click to expand...

I agree I think it is ridicules to have to have a permission slip for what should be a right. It should be up to the restaurant to decide not bureaucrats.

ArmySoldier22 said:

This would be a good example of why you should read all the facts before coming to a conclusion. I hadn't gotten around to reading the whole story yet, and the only thing I knew about it is what I'd read in the OPs post. Which made it seem as if the man was completely innocent and all he did was carry into a store. But apparently that isn't the case, and whether or not he touched his firearm, he was still in the wrong in behaving the way he did. Im not saying that the charge being brought against him is the right one, infact I believe they're just stretching to get him with whatever they can, and that's wrong as well. I still don't have all the facts, I don't know what he became irate over, but anybody carrying a weapon should not be overreacting like that. Situations like that can be a hindrance on moving forward to re-secure our gun rights.

So when it comes down to it, he was wrong in the way he acted, and they're wrong in the way they're handling it. It's all one big messed up situation.

Edit: And the press should read up on the law before misquoting it, "sold or consumed"

Click to expand...

From the OP, To be clear: GRNC is not defending the actions of the man in question. He also faces the common law charge of "going armed to the terror of the public" and might well be guilty as charged.

He is probably not innocent of that charge. When we put out and alert like this it has been researched. Not something we do blindly. The problem is a police chief that might be misinterpreting the law with his use of "or".

cricketdad said:

From the OP, To be clear: GRNC is not defending the actions of the man in question. He also faces the common law charge of "going armed to the terror of the public" and might well be guilty as charged.

He is probably not innocent of that charge. When we put out and alert like this it has been researched. Not something we do blindly. The problem is a police chief that might be misinterpreting the law with his use of "or".

Click to expand...

I completely understand that, and I'm sure you guys wouldn't put out an alert that hasn't been researched. I was just commenting on how the article made it sound, even if that wasn't the intentions of GRNC. I know that a lot of times if you're being arrested for a crime related to carrying, they try to tack the charge of "going armed to the terror of the public" on as extra, and the article didn't really delve into that charge as much, so it made it seem like he was innocent on everything.

I agree 100% that the charge being brought against him of carrying into an establishment where alcohol is sold and consumed is complete bull$h!t though. I just wanted a little more information on the other charge to see why he was in this mess in the first place. To see if it was completely his fault, or if it was just a messed up situation to begin with with the Chief of Police

This story is thin but it doesn't sound like he committed a crime based on any of the details I've read.

I thought GATTTOTP had to be on a highway, for one thing.

I don't get "irate" very often at all, but if I am carrying and get into a disagreement with someone I'd hate for some bystander to say I was "irate" and get me hemmed up on some charge like this.

Smith45acp said:

This story is thin but it doesn't sound like he committed a crime based on any of the details I've read.

I thought GATTTOTP had to be on a highway, for one thing.

I don't get "irate" very often at all, but if I am carrying and get into a disagreement with someone I'd hate for some bystander to say I was "irate" and get me hemmed up on some charge like this.

Click to expand...

Word on the street is he unholstered the firearm and was waving it around while talking ugly about the sheriff.

cricketdad said:

Word on the street is he unholstered the firearm and was waving it around while talking ugly about the sheriff.

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If that was indeed the case, then he does deserve to be prosecuted. Definitely not under carrying into an establishment where alcohol is both sold and consumed, or "or" consumed according to an idiotic Sheriff who wants to change the wording of the law for his own agenda, but he does deserve the GATTTOTP charge. But that's only if that was indeed the case

Smith45acp said:

I don't get "irate" very often at all, but if I am carrying and get into a disagreement with someone I'd hate for some bystander to say I was "irate" and get me hemmed up on some charge like this.

Click to expand...

So far, so good. I'm waiting on this one myself. I'll probably post the story in a couple weeks to be sure. It's amusing on several levels.

Smith45acp said:

I thought GATTTOTP had to be on a highway, for one thing.

Click to expand...

You're not the only one. If anything, I would think he would catch a disorderly first.