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Thread: What say you?

  1. #1
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    What say you?

    I read this comment in a forum and was wondering what you all thought. I am from KY and am unfamiliar with NC law.
    http://www.reddit.com/r/guns/comment..._in_nc/c2o9tj0

  2. #2
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    Read most of the blogs; I don't understand your point. I DO understand that there were some class A idiots involved in the discussion, but also some seriously good guys.

  3. #3
    Regular Member ImJustMylan's Avatar
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    Um.... What am I supposed to say? There is no real topic of discussion.

  4. #4
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    Perhaps I should be more clear. Here is the comment:
    "This is how it should be. You just have to be wary of how public the place is, as NC is a common law state and the law says that any type of pistol counts as "an unusual weapon" and that carrying/brandishing could be cause to incite public discomfort/panic. If someone complains, the cops can legally be called out and they can ask you to leave the premises. I've never known it to happen, but the framework for it is there so just be alert and aware.
    There are also local ordinances that may prohibit open carry. Just know the law where you're at. If you're in a good area though (like me, out in the boonies) you'll be totally fine. The cops 'round these parts are all buddy-buddy with everyone so long as you're not a dick or make them feel endangered."

    I guess my specific questions would be:
    1)Is a pistol really considered an "unusual" weapon?
    2)Would you really be incited for inciting panic?
    3)Can a cop really ask you to leave a public building or property?
    4)Can cities really prohibit open carry? (I know Cary is uppity.)

  5. #5
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    1- yes, State v Huntley

    2- Some may try, but simply OC'ing is not Going Armed to the Terror of the Public. Which is what that comment is getting at. Again, State v Huntley.

    3- The vast majority of state buildings are posted. Many local building are too. So for public property it's really a non issue. Well at least in your version of the question here. For private property, if the person in charge of the property ask the cops to make you leave then leave. Otherwise you are trespassing.

    4- On some public owned property they can. However, they cannot pass an ordinance banning it on private property. State preemption allows cities/counties to make some laws more restrictive than the state for public property. Private property is where the pre emption has a bit more teeth.


    State v Huntley

    http://www.guncite.com/court/state/25nc418.html

    Pre emption statute

    http://www.ncga.state.nc.us/EnactedL...14-409.40.html

  6. #6
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    Thanks, Chief, that was really helpful! I'll read up on that court decision.

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