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Thread: Hi Im new to open carry.

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    Hi Im new to open carry.

    Hello everyone, im new to open carrying. I plan to do it as often as i can. I live in kannapolis North Carolina. Is there any places i shouldn't open carry here? I plan to go for CCW permit soon as i am used to my firearm. Any advice would be much appreciated!

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    Regular Member ArmySoldier22's Avatar
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    Hey Tensai,

    First of all, welcome to OCDO. Glad we've got another OCer in our area out this way. Check out the stickied thread at the top of the forum for our meets if you'd like to join us. As far as places off limits in this specific area, check out friendorfoe.us and it'll give you an idea of some of the places that aren't gun friendly. Outside of that, I just popped on here for a second so I'll leave it to the next person to start into that long post lol. Hopefully we'll see you around.


    David

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    Regular Member REDFIVE48's Avatar
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    Welcome

    Check out the 2nd stickied thread on the NC Flyer, page 3 there is a google doc link to the flyer, that will get you most of the way there.

    Also check out the other thread New & Overwhelmed 5 or 10 posts below this one, more good info

    We are getting a lot of new messages and it's great, but we would also welcome newbies to read the other threads to come up to speed.

    Cheers

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    Regular Member Motofixxer's Avatar
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    Welcome aboard, and be sure to read learn and educate yourself.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

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    Thanks for the welcoming. I have been reading quite a few threads on here, but none of them really point towards county or city ordnance. From what iv'e read each local jurisdiction can set their own ordnance for open carrying and concealed carrying. So far iv'e got it that u cant open carry or conceal carry on state owned property schools k-12, places where both alcohol is served and consumed, or places that are visibly posted. I also understand that you can be asked to leave by a person in charge of the premises. I was kinda looking towards if i can open carry walking down the street in Kannapolis or Concord.

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    Regular Member ArmySoldier22's Avatar
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    Quote Originally Posted by xTensai View Post
    Thanks for the welcoming. I have been reading quite a few threads on here, but none of them really point towards county or city ordnance. From what iv'e read each local jurisdiction can set their own ordnance for open carrying and concealed carrying. So far iv'e got it that u cant open carry or conceal carry on state owned property schools k-12, places where both alcohol is served and consumed, or places that are visibly posted. I also understand that you can be asked to leave by a person in charge of the premises. I was kinda looking towards if i can open carry walking down the street in Kannapolis or Concord.
    You sure can. I do it in Concord all the time. As far as I understand, legally they can't set different laws for each city on open carry or concealed carry. However, it seems that some cities choose not to follow that. I could be wrong, and if I am feel free to let me know. But that's my understanding on it

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    Quote Originally Posted by ArmySoldier22 View Post
    You sure can. I do it in Concord all the time. As far as I understand, legally they can't set different laws for each city on open carry or concealed carry. However, it seems that some cities choose not to follow that. I could be wrong, and if I am feel free to let me know. But that's my understanding on it
    City's like Cary and Chapel Hill do not allow open carry within publicly owned property such as green ways or right away's. I just wanna make sure that Kannapolis or Concord don't have any oddball rules like this before i go oc in town or on a walk. Trying to study all these rules as much as i can before i get my ccw.. Ill most likely still open carry more then conceal, main reason im going to go for conceal is so i don't have to take my holster off every time i get in my car. But thanks everyone for all the help you've given me so far it is much appreciated.

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    Regular Member Large Caliber Kick's Avatar
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    Quote Originally Posted by ArmySoldier22 View Post
    You sure can. I do it in Concord all the time. As far as I understand, legally they can't set different laws for each city on open carry or concealed carry. However, it seems that some cities choose not to follow that. I could be wrong, and if I am feel free to let me know. But that's my understanding on it
    You would be correct, this state has preemption for it's firearms laws.

    Quote Originally Posted by xTensai View Post
    City's like Cary and Chapel Hill do not allow open carry within publicly owned property such as green ways or right away's. I just wanna make sure that Kannapolis or Concord don't have any oddball rules like this before i go oc in town or on a walk. Trying to study all these rules as much as i can before i get my ccw.. Ill most likely still open carry more then conceal, main reason im going to go for conceal is so i don't have to take my holster off every time i get in my car. But thanks everyone for all the help you've given me so far it is much appreciated.
    You are correct about Cary. Chapell Hill however, only prohibits handguns less than 6 inches from the tip of the muzzle to the far back lower corner of the grip. Also, welcome. Come to the next Charlotte area meet on Feb 4th if you can make it. We'd be glad to see you there. Details can be found in the Charlotte area meet and greet thread sticky'd at the top of the NC section.
    Last edited by Large Caliber Kick; 01-17-2012 at 09:07 PM.

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    Quote Originally Posted by xTensai View Post
    City's like Cary and Chapel Hill do not allow open carry within publicly owned property such as green ways or right away's.
    FWIW, Cary has seriously revamped their firearms site. Not sure how this will effect enforcement, or if it will at all. But I can tell you that they are feeling some heat over OC down there. Just look at the section about LE OC'ing.

    http://www.townofcary.org/Department...wn_of_Cary.htm


    And if you are looking for city ordinances you need to check municode. Not all cities are online, but the big ones are.

    http://www.municode.com/Library/NC

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    Town of Cary code of ordinances Sec 22-51 (d) Applicability to other public locations. No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.

    (e) Exceptions. The following exceptions to the provisions of this section are authorized:

    (1) The chief of police, or designee, has authorized the public possession or display of a firearm, or other weapon, as part of an official program or event sponsored or sanctioned by the town;

    (2) The possession or display of the firearm, or other weapon, was the result of an individual(s) exercising his legitimate right to self defense or the defense of others as allowed by law;

    (3) The possession or display of the firearm, or other weapon, was conducted by a person(s) authorized by law to carry and display such items as part of their official or otherwise recognized lawful duties (e.g., law enforcement officers, military personnel, security guards, etc.); or.....

    http://www.amlegal.com/pdffiles/Cary_pdf/code_CH22.pdf

    Sounds to me that even tho their website may no longer specify carry on the streets and sidewalks of Carry is not allowed, it appears it is still unlawful according to their books.

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    Quote Originally Posted by Large Caliber Kick View Post
    Sounds to me that even tho their website may no longer specify carry on the streets and sidewalks of Carry is not allowed, it appears it is still unlawful according to their books.
    Yeah, that's what I am curious of. If the PD is no longer enforcing it, then it's worth nothing more than the paper it's on. But if you leave it on paper, you can still keep people scared of doing it. Kind of an end around. They leave it there with no intention of using it. I can't imagine they would leave it off if they intended on pursuing it. Especially as big a deal as they have made of it in the past. Kind of odd.

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    Thanks for the great links Chief. I would also like to know some other things about defending myself. Lets say a burglar breaks into my home, do i have to use deadly force or can i hold him at gun point till the police arrive? I've been told by family that if your going to pull it you better shoot because pointing it and not shooting is just as bad as firing. Hopefully i never have to use it but i want to know if i absolutely have to... Because I've also herd that if you shoot a burglar and he survives he can sue you, and you have to pay him for the rest of his life.

    This is what family members and friends have said, I doubt they know very much about the law. I have also been looking into it but it all kinda beats around the point.

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    Regular Member ArmySoldier22's Avatar
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    Quote Originally Posted by xTensai View Post
    Thanks for the great links Chief. I would also like to know some other things about defending myself. Lets say a burglar breaks into my home, do i have to use deadly force or can i hold him at gun point till the police arrive? I've been told by family that if your going to pull it you better shoot because pointing it and not shooting is just as bad as firing. Hopefully i never have to use it but i want to know if i absolutely have to... Because I've also herd that if you shoot a burglar and he survives he can sue you, and you have to pay him for the rest of his life.

    This is what family members and friends have said, I doubt they know very much about the law. I have also been looking into it but it all kinda beats around the point.
    Some of that's iffy ground as far as direct answers go, but here's some info for you. As far as shooting somebody that breaks into your home and him surviving and suing you, it has happened. Now if the judge rules in his favor, then the judge has some serious issues going on upstairs in my opinion. That's why I believe in one story being better than two lol. You don't HAVE to use deadly force, but you can't hold him at gun point either.

    The reason it all beats around the point is because it's situational and depends a lot on the courts. Luckily with the Castle Doctrine being passed, defending ourselves with deadly force is a lot more in our favor than it used to be.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by ArmySoldier22 View Post
    Some of that's iffy ground as far as direct answers go, but here's some info for you. As far as shooting somebody that breaks into your home and him surviving and suing you, it has happened. Now if the judge rules in his favor, then the judge has some serious issues going on upstairs in my opinion. That's why I believe in one story being better than two lol. You don't HAVE to use deadly force, but you can't hold him at gun point either.

    I may have happened in the past, but it WON'T be happening in the future in NC.

    We have a VERY strong "Castle Doctrine" in NC. IT includes (as of Dec 1 2011) a "Stand Your Ground" claus which applies not only to your home, but to your car and place of business. And it also gives a citizen immunity from criminal and civil liability if the investigation finds that the self-defense shooting was justified and within the bounds of the law.

    So if your shoot is righteous, you CAN NOT be sued. The law forbids it.
    Last edited by Dreamer; 01-18-2012 at 09:49 PM.
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    nc does not have

    citizen's arrest statutes...unfortunately...therefore, so you can not put someone on the ground and hold them there for johnny law to arrive...

    wabbit

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    Regular Member ArmySoldier22's Avatar
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    Thanks for clearing that up Dreamer. It's good to know that we have less to worry about in that area too. "I still believe that one story is better than two though lol"
    Last edited by ArmySoldier22; 01-18-2012 at 07:40 PM.

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    Quote Originally Posted by ncwabbit View Post
    citizen's arrest statutes...unfortunately...therefore, so you can not put someone on the ground and hold them there for johnny law to arrive...

    wabbit
    kinda, sorta, maybe. You can detain under certain circumstances, and be legal. Personally, I would not be trying this unless I got into a situation where I drew a firearm and they immediately submitted. But they would have to be pretty quick, because I'm not gonna give them much time.



    § 15A‑404. Detention of offenders by private persons.

    (a) No Arrest; Detention Permitted. – No private person may arrest another person except as provided in G.S. 15A‑405. A private person may detain another person as provided in this section.

    (b) When Detention Permitted. – A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:

    (1) A felony,

    (2) A breach of the peace,

    (3) A crime involving physical injury to another person, or

    (4) A crime involving theft or destruction of property.

    (c) Manner of Detention. – The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.

    (d) Period of Detention. – The detention may be no longer than the time required for the earliest of the following:

    (1) The determination that no offense has been committed.

    (2) Surrender of the person detained to a law‑enforcement officer as provided in subsection (e).

    (e) Surrender to Officer. – A private person who detains another must immediately notify a law‑enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law‑enforcement officer. (1973, c. 1286, s. 1.)

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    Regular Member ArmySoldier22's Avatar
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    I think I'd be kinda hesitant to do so as well. The last thing I'd want is some LEO pulling up on the scene who doesn't know what's going on and draws his firearm on me because he thinks I'm the aggressor. I know that may be an extreme example, but I wouldn't say it's an unlikely one.

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    Regular Member Large Caliber Kick's Avatar
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    I had a conversation about this very topic with Mooresville's finest. (I know, I know, don't ask a leo for legal advice) The jist of the conversation was that their unanimous opinion was that even tho North Carolina doesn't protect the right to detain nearly as well as other states, just make sure to grab and hold the perp off camera and it would be all our words against his as to how he got caught.

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    Regular Member Motofixxer's Avatar
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    Yep, more reason to have your personal recorder going.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

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