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Thread: Able to help out OC cause....

  1. #1
    Regular Member Ricky's Avatar
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    Able to help out OC cause....

    [B]Went to Golden Coral with the wife the other day as usual. Always carry my Springfield XDM-40 in my Blackhawk Serpa holster and 2 extra magazines on my left hip. Had a well dress Black gentlemen sitting a few tables over. I kept noticing what appeared to be a black leather holster on his hip. BUT, it had no pistol in it. He observed me as well make several trips to the food bar. After I had finished my meal I asked him very nicely where his pistol was? He went on to tell me he is a small business owner and someone in Newton, N.C. complained about a man with a gun. Long story short the cops came at or around his business and checked him out. He had his CWP but his shirt has rode up behind and over his pistol thus spawning the complaint to the police. I always carry a N.C. Open Carry Flyer with me and gave it to him pointing out the highlights. He said he left his pistol in his car because he felt intimidated that he may have another run in. I said I carry open daily and am very aware of the laws pertaining to Open Carrying thanks in part to this forum. I instructed him to it per the flyer and he agreed he needed to study up on the laws and was very thankful for the flyer and vote of confidence on Open Carrying. For the record the officer who responded to the call made mention of GATTOTP. They did not charge him as it was holstered and he was carrying in peaceful manner etc. Just wanted to give a shout out to the forum and hope he follows up as there's so much knowledge on here if you read and study..Thanks, Ricky

  2. #2
    Regular Member Dreamer's Avatar
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    Thank you for your effort to educate the public, and for being a good representative for OC in NC.

    My guess is that the business owner you spoke with wasn't REALLY complained about because he unintentionally exposed his legally concealed handgun--the citizen who called in the MWAG was REALLY calling is a BMWAG (BLACK Man With A Gun) call, and was a racist, and didn't like the idea of "the wrong kinds of people" carrying. This poor guy didn't even realize the real nature of the complaint, I think...

    OCing is 100% legal in NC, and if you are a business owner or on your own private property, you don't even need a permit to CC.

    When the cop showed up, the only thing this guy should have said was informed the cop he was CCing (notification of LE that you ae CCing is required in NC), then asked for them back, and told the cop there was not problem, and he would like the officer to kindly leave his property, and any further conversations would require the presence of his attorney.

    If you are on your own private property, the requirement to produce a DL and CHP don't even apply to CC because in NC, CC is legal on private property without a permit, so TECHNICALLY, you don't even have to produce DL and CHP when you inform a cop that you are CCing on your own private property, but producing your "paperwork" is probably the prudent thing to do, because it makes the cops "feel safer". Sometimes going above and beyond the legal requirements is a good thing--ESPECIALLY if you are dealing with a cop who doesn't really know and understand the law.

    A cop showing up to "investigate" a business owner on his own private business property because he was carrying--OC or CC--is simply ridiculous, and a tremendous waste of time, AND is treading perilously close to "official harassment" and may even constitute a civil rights violation. The fact that this cop even mentioned GAttTotP in this situation show that this cop doesn't know his head from a hole in the ground with regards to NC gun law on private property. Carrying a holstered handgun on your own private property in NC--OC or CC--requires NO permit of ANY kind, and is 100% legal.

    And the fact that he "wasn't charged" with GAttTotP is simply ridiculous--this "violation" isn't even an option if you are carrying in a peaceful manner in a holster--and it ESPECIALLY doesn't apply if you are on your own private property carrying in a lawful manner.

    The person who called this business owner in should be charged with filing a false police report.

    The cop who threatened the business owner should be reported to his Chief for threatening him with GAttTotP, and the business owner needs to also report this department to the State Attorney General so they can get some proper training, and get their officers on-board with the way this law REALLY works.

    OC and CC on private property is 100% legal in NC. And being a BMWAG doesn't change that--this business owner isn't JUST a gun owner being harassed--he was a victim of vicious, paranoid, and disgusting racist harassment by BOTH a citizen and an LEO, and didn't even realize it....

    And if he is worried about unintentionally exposing his CC firearm, he might just consider carrying openly--no worries about accidental exposure when it's ALWAYS out in the open for everyone to see...
    Last edited by Dreamer; 11-06-2011 at 01:40 AM.
    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

  3. #3
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    This would not be the first issue for Newton PD and OC. It's a friend of a friend story, so take it FWIW. But the guy supposedly was charged with carrying a concealed weapon because the gun was on the other side from the officer. I never got all the details, but the guy said it was easier to just pay it and go on. Unfortunate though, since it just backs up a wrong view of the law.

    Hopefully he'll look into it more since you have reinforced the legality of OC with him.

  4. #4
    Regular Member Ricky's Avatar
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    Dreamer after my conversation with him and sharing what knowledge I had and learned from you and this forum I think it was a boost of confidence that he is not alone as a legal gun owner and motivated him to be proactive towards his legal rights. He was beaming when I walked out of the place...Lol..And I bet he placed his pistol in his holster ASAP when he returned to his car.....Really made me feel good to try and help out where I could. As someone stated in the past (I'm not anti-cop I'm just pro-citizen)..May have to call on your knowledge in the future....Thanks ...Ricky
    Quote Originally Posted by Dreamer View Post
    Thank you for your effort to educate the public, and for being a good representative for OC in NC.

    My guess is that the business owner you spoke with wasn't REALLY complained about because he unintentionally exposed his legally concealed handgun--the citizen who called in the MWAG was REALLY calling is a BMWAG (BLACK Man With A Gun) call, and was a racist, and didn't like the idea of "the wrong kinds of people" carrying. This poor guy didn't even realize the real nature of the complaint, I think...

    OCing is 100% legal in NC, and if you are a business owner or on your own private property, you don't even need a permit to CC.

    When the cop showed up, the only thing this guy should have said was informed the cop he was CCing (notification of LE that you ae CCing is required in NC), then asked for them back, and told the cop there was not problem, and he would like the officer to kindly leave his property, and any further conversations would require the presence of his attorney.

    If you are on your own private property, the requirement to produce a DL and CHP don't even apply to CC because in NC, CC is legal on private property without a permit, so TECHNICALLY, you don't even have to produce DL and CHP when you inform a cop that you are CCing on your own private property, but producing your "paperwork" is probably the prudent thing to do, because it makes the cops "feel safer". Sometimes going above and beyond the legal requirements is a good thing--ESPECIALLY if you are dealing with a cop who doesn't really know and understand the law.

    A cop showing up to "investigate" a business owner on his own private business property because he was carrying--OC or CC--is simply ridiculous, and a tremendous waste of time, AND is treading perilously close to "official harassment" and may even constitute a civil rights violation. The fact that this cop even mentioned GAttTotP in this situation show that this cop doesn't know his head from a hole in the ground with regards to NC gun law on private property. Carrying a holstered handgun on your own private property in NC--OC or CC--requires NO permit of ANY kind, and is 100% legal.

    And the fact that he "wasn't charged" with GAttTotP is simply ridiculous--this "violation" isn't even an option if you are carrying in a peaceful manner in a holster--and it ESPECIALLY doesn't apply if you are on your own private property carrying in a lawful manner.

    The person who called this business owner in should be charged with filing a false police report.

    The cop who threatened the business owner should be reported to his Chief for threatening him with GAttTotP, and the business owner needs to also report this department to the State Attorney General so they can get some proper training, and get their officers on-board with the way this law REALLY works.

    OC and CC on private property is 100% legal in NC. And being a BMWAG doesn't change that--this business owner isn't JUST a gun owner being harassed--he was a victim of vicious, paranoid, and disgusting racist harassment by BOTH a citizen and an LEO, and didn't even realize it....

    And if he is worried about unintentionally exposing his CC firearm, he might just consider carrying openly--no worries about accidental exposure when it's ALWAYS out in the open for everyone to see...

  5. #5
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    Hi Ricky thanks for sharing your experiance! I bought my first hand gun on Oct. 27 and have carried everyday since. Thanks for sharing this with us!

    Hooah!

    -Chris

  6. #6
    Regular Member Ricky's Avatar
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    You bet. I carry 99.9% of the time. Feel naked without it.......My advice is to study as much as you can on the laws pertaining to carrying both open and concealed...Good luck.......
    Quote Originally Posted by csaunders View Post
    Hi Ricky thanks for sharing your experiance! I bought my first hand gun on Oct. 27 and have carried everyday since. Thanks for sharing this with us!

    Hooah!

    -Chris

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