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Can you open carry in Cary?

Smith45acp

Regular Member
Joined
Oct 16, 2009
Messages
434
Location
NC
If you want a good councilman to start with, I would contact Don Frantz. The guy seems to have a pretty good head on his shoulders. I think he was one of the main guys to step up and say Cary's "Community Tree" should just be called a damned Christmas Tree!

http://donfrantz.blogspot.com/

So I would bring up the issue to him personally, ahead of time, and I bet that A: He would support you, and B: He could help you with the most effective strategy to present in front of council.

[/my .02]
 

bajadudes

Regular Member
Joined
Apr 14, 2011
Messages
63
Location
Raleigh, NC
Wtf????

In reference to my above post with the two links it looks like they once again changed the wording on the top link. It used to show that you could open carry as per NC state law...at least as early as last week. Looks like someone did not like the discrepancy and changed it back to the more restrictive wording.

I wish I had a screen shot from last week.

Am I going crazy or did anyone else catch that?
 

EricDailey X-NRA

Regular Member
Joined
Apr 23, 2011
Messages
209
Location
Wake County, NC
... Looks like someone did not like the discrepancy and changed it back to the more restrictive wording.

If this did happen it may indicate someone throwing their weight around and that could be an opportunity to apply some voter persuasion on the Town. What is needed is for one of us to contact a Council member and get some intel about how this issue is being driven in Town government. We might find out that making a little noise in the public would useful. Any political types lurking in here?
 

bajadudes

Regular Member
Joined
Apr 14, 2011
Messages
63
Location
Raleigh, NC
latest update

After speaking with someone at the NC dept of justice that got involved in this the Cary NC website has been updated with the latest.

Concealed carry with a permit is allowed as per NC state law with all the usual restrictions. This is because concealed carry legislation was enacted in 1995 specifically to allow concealed carry with a permit. The open carry restriction in the town of Cary predates the 1995 law which in any case does not address open carry at all. There is no statute specifically addressing or prohibiting open carry in NC.

At least this is how it was explained to me and what the current wording is on the Cary website.

Bottom line.
Previously Cary tried to restrict both concealed and open carry.
Now,
Concealed carry cannot be restricted in Cary as per the 1995 law.
Open Carry which is legal because there is no law prohibiting it in NC is and shall remain illegal in Cary as per their right to restrict it.
 

acritical

Regular Member
Joined
Jul 9, 2006
Messages
211
Location
Pittsboro, North Carolina, USA
Again, Open Carry in Cary is LEGAL

Bottom line.
Previously Cary tried to restrict both concealed and open carry.
Now,
Concealed carry cannot be restricted in Cary as per the 1995 law.
Open Carry which is legal because there is no law prohibiting it in NC is and shall remain illegal in Cary as per their right to restrict it.

I am amazed at how long this thread has become. I am also amazed at how words get turned around. Let this be said once again. Open Carry is LEGAL in Cary on private property, which includes most businesses and parking lots. So it is not illegal because it is restricted in certain places. If it was illegal, a lot of us would have been arrested in our various Open Carry meetings that we have had and continue to have.
 

bajadudes

Regular Member
Joined
Apr 14, 2011
Messages
63
Location
Raleigh, NC
pardon the confusion

I did not mean to imply that OC is illegal anywhere in Cary.

My apologies for any misunderstanding in that regard.

Yes of course on private property it is up to the property owner and in the vast majority of private buisnesses, private parking lots, private walkways it is perfectly legal and I do it all the time with very minimal hassle in Cary.

Cary was trying to also restrict CC holders over and above the restrictions already in place for State CC holders and they have been advised by NCJD that they cannot do that.

If you are a CC holder you can now walk the streets, parking lots and other areas not normally restricted by State Stautes.

Not the big win I would have liked but I will take any victory over none.
 

acritical

Regular Member
Joined
Jul 9, 2006
Messages
211
Location
Pittsboro, North Carolina, USA
Understood

Ok, I understand your point now and point taken. There are a lot of people that would misunderstand, as I did, and there are some that seems to want to believe that OC is illegal. However, it is cleared up and I refrain.... :)
 

Chris Hamby

Regular Member
Joined
Apr 27, 2011
Messages
28
Location
Cary,NC
Once again I thank you all for your input. If I never had seen this site I would have never open carried. Now I open carry all the time and am very comfortable with it. I'm glade to see that when I pass an LEO in Cary most just give a quick wave...well the three that i've came across...:D
 

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
After speaking with someone at the NC dept of justice that got involved in this the Cary NC website has been updated with the latest.


I'm not sure grandfathering this in is good enough, not for me at least. Did they give you any firm reason why the restriction on public property is OK with them? Part of the reason this is hard to fight, is because no one will admit to how and why they can to this so it can be countered. I understand cities and counties have some exemptions from uniformity, did they mention that?
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
I wonder here: Has anyone petitioned Cary to change their current restriction on open carry in some manner, not to make it more lenient mind you, but to redo the entirety of the law with possibly even more restrictions and thus rescinding the previous law. The previous law being rescinded would then be of no affect for the prior to 1995 exception, and the new law would have no affect since it was enacted after 1995.
 

mekender

Regular Member
Joined
Feb 22, 2008
Messages
462
Location
, ,
So has anyone ever challenged the legal definition of "display" as not covering carrying a holstered gun?
 

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
So has anyone ever challenged the legal definition of "display" as not covering carrying a holstered gun?

Mek, did you catch the last part of post #16? Seems the AG does not want to weigh in on the definition. But we are supposed to know the law. Brilliant.
 

JustaGlocklover

New member
Joined
May 12, 2011
Messages
7
Location
Fairfax County
Open carry in CARY 24/7 with no problem

I own a business in North Carolina and I once lived in Cary. Open carry is legal throughout North Carolina. The town of Cary likes play word games to intentionally create ambiguities. The fact is there are two North Carolina Supreme Court rulings affirming the right to open carry a firearm (State v. Kerner & State v. Fennell). Cary officials can bitch and moan all they want. They have zero authority to regulate the carrying of firearms EXCEPT ON PROPERTY OWNED BY CARY.

By the way, sidewalks are owned by the State. You can walk down the side of the road and sidewalks without violating the law.

Some of you guys need to get to a open carry dinner meet-up in CARY and see for yourselves what a non-issue open carry is.
Great group of guys come out. Meet Dreamer, Acritical and the rest of the group.
People are carrying in Cary everyday. IT IS A NON-issue.
 
Last edited:

rotorhead

Regular Member
Joined
Sep 18, 2010
Messages
862
Location
FL
The real question is, why would anyone want to go to Cary in the first place? :)
 
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