New here

Brevard13 · Feb 28, 2012

Ok so I am new to the site. Not only that I am new to open carry. I will admit I am hesitant, because as of this day the ONLY people i have ever seen open carry have been LEO's and Security Guards. Tried skimming through a few threads seems most are from the middle and eastern part of NC. I don't think I have seen anyone from the Western part. So has anyone open carried around the Hendersonville/Asheville area.

wikieod · Feb 28, 2012

Welcome to OCDO for your northern neighbor. When I decided to open carry, this was the first forum I looked at, and I have not looked back. The people here are full of knowledge, and the board is full of info. Good Luck and welcome aboard.

yz9890 · Feb 28, 2012

welcome. there is some very good info here. it just takes a little effort and patience sometimes to navigate through the venom and anger to find it. don't get discouraged. it's worth it.

ramkatral · Feb 28, 2012

Hey buddy. I'm in Polk county. I'm in your boat. I've carried a couple times, but not encountered an LEO. Ive heard Henderson county is pretty cool about it.

chiefjason · Feb 28, 2012

There are a couple folks on here from that area. Hopefully they'll chime in. I've not had any problems around Hickory. My couple of experiences in that area were just brief trips into gas stations or hiking around shining rock or on the parkway. Welcome aboard.

Brevard13 · Feb 29, 2012

My wife has some family that are LEO's. One for the city Police department, 3 for the Sheriff's department, and one with the Highway Patrol. I also have some friend who are LEO's also. I text one of them earlier this morning. He said he wasn't 100% sure, but he did say he would look into it, but he thought there was a city ordinance against it. He also said that you can be charged with GATTTOTP.

We did talk about it some more he asked why I would want to open carry over concealed. My only had 2 responses for that.

1. I would like to have the ability to choose whether I open carry or not.

2. I also want to make sure I will not get harassed if I don't wear a shirt long enough to cover up a holster, because I can't stand IWB carry

He was telling me how I really should carry concealed, because it was the best way. So while talking and I asked him about GATTTOTP what happens if I have a shirt long enough to cover while I stand, but it is exposed when I sit or bend over. He said "the same thing as if you show your crack. Some shocked looks, but nothing else. I asked him what was the difference between open carrying the gun in the holster for a few minutes if I go to the gas station as compared to my shirt riding up and my holster and gun being exposed/flashed while eating, because my shirt isn't long enough. I didn't get a response.

So I am trying to figure out what the deal is. I am all for having the option. And I will exercise my right ot open carry, if I can, I just don't want to be harassed because a cop doesn't understand the law. So far i have yet to find anyone who has open carried here. :cuss:

ArmySoldier22 · Feb 29, 2012

Brevard13 said:
My wife has some family that are LEO's. One for the city Police department, 3 for the Sheriff's department, and one with the Highway Patrol. I also have some friend who are LEO's also. I text one of them earlier this morning. He said he wasn't 100% sure, but he did say he would look into it, but he thought there was a city ordinance against it. He also said that you can be charged with GATTTOTP.

We did talk about it some more he asked why I would want to open carry over concealed. My only had 2 responses for that.

1. I would like to have the ability to choose whether I open carry or not.

2. I also want to make sure I will not get harassed if I don't wear a shirt long enough to cover up a holster, because I can't stand IWB carry

He was telling me how I really should carry concealed, because it was the best way. So while talking and I asked him about GATTTOTP what happens if I have a shirt long enough to cover while I stand, but it is exposed when I sit or bend over. He said "the same thing as if you show your crack. Some shocked looks, but nothing else. I asked him what was the difference between open carrying the gun in the holster for a few minutes if I go to the gas station as compared to my shirt riding up and my holster and gun being exposed/flashed while eating, because my shirt isn't long enough. I didn't get a response.

So I am trying to figure out what the deal is. I am all for having the option. And I will exercise my right ot open carry, if I can, I just don't want to be harassed because a cop doesn't understand the law. So far i have yet to find anyone who has open carried here. :cuss:

It sounds like the LEOs up there need some re-retraining

drew9 · Feb 29, 2012

Brevard13 said:
My wife has some family that are LEO's. One for the city Police department, 3 for the Sheriff's department, and one with the Highway Patrol. I also have some friend who are LEO's also. I text one of them earlier this morning. He said he wasn't 100% sure, but he did say he would look into it, but he thought there was a city ordinance against it. He also said that you can be charged with GATTTOTP.

We did talk about it some more he asked why I would want to open carry over concealed. My only had 2 responses for that.

1. I would like to have the ability to choose whether I open carry or not.

2. I also want to make sure I will not get harassed if I don't wear a shirt long enough to cover up a holster, because I can't stand IWB carry

He was telling me how I really should carry concealed, because it was the best way. So while talking and I asked him about GATTTOTP what happens if I have a shirt long enough to cover while I stand, but it is exposed when I sit or bend over. He said "the same thing as if you show your crack. Some shocked looks, but nothing else. I asked him what was the difference between open carrying the gun in the holster for a few minutes if I go to the gas station as compared to my shirt riding up and my holster and gun being exposed/flashed while eating, because my shirt isn't long enough. I didn't get a response.

So I am trying to figure out what the deal is. I am all for having the option. And I will exercise my right ot open carry, if I can, I just don't want to be harassed because a cop doesn't understand the law. So far i have yet to find anyone who has open carried here. :cuss:

Hello and welcome. I am by no means an expert although I try to keep up on the laws, etc. I have been open carrying everywhere for the last 4 months or so, every single day. I do not have a concealed permit yet, and even when I do open carry will be my primary way of carrying. That being said, I would suggest looking at the sticky for the open carry flyer, and also this http://www.guncite.com/court/state/25nc418.html . State vs Huntley covers whether or not carrying in a holster is going armed to the terror.

As far as asking family for advice I would say only if they are not LEOs.

I dont expect any LEO to know the law as throughly as I do. They arent lawyers, and unless it pertains to them or they have been trained on it specifically they are not a good source of law knowledge. Best to avoid them in that regard. Plenty of people here can point you to statutes if you arent sure where to look.

nobama · Feb 29, 2012

Brevard13 said:
My wife has some family that are LEO's. One for the city Police department, 3 for the Sheriff's department, and one with the Highway Patrol. I also have some friend who are LEO's also. I text one of them earlier this morning. He said he wasn't 100% sure, but he did say he would look into it, but he thought there was a city ordinance against it. He also said that you can be charged with GATTTOTP.

We did talk about it some more he asked why I would want to open carry over concealed. My only had 2 responses for that.

1. I would like to have the ability to choose whether I open carry or not.

2. I also want to make sure I will not get harassed if I don't wear a shirt long enough to cover up a holster, because I can't stand IWB carry

He was telling me how I really should carry concealed, because it was the best way. So while talking and I asked him about GATTTOTP what happens if I have a shirt long enough to cover while I stand, but it is exposed when I sit or bend over. He said "the same thing as if you show your crack. Some shocked looks, but nothing else. I asked him what was the difference between open carrying the gun in the holster for a few minutes if I go to the gas station as compared to my shirt riding up and my holster and gun being exposed/flashed while eating, because my shirt isn't long enough. I didn't get a response.

So I am trying to figure out what the deal is. I am all for having the option. And I will exercise my right ot open carry, if I can, I just don't want to be harassed because a cop doesn't understand the law. So far i have yet to find anyone who has open carried here. :cuss:

First of all, welcome. Wow, "like showing your crack?" Really? This LEO doesnt know alot about carrying. I talk to alot of so called "pro gun" people that believe if you walk into a store with a holstered firearm people will just freak out. Total BS!! yea you might get some bed wetters panties in a wad, but 98% is good to go. Now, about the GATTTOTP blanket charge,please read up on this on this forum,then go talk to your LEO friend and explain it to him. I here this BS spouted off by alot of uninformed persons.Next I would like to point out to you or your LEO freind. If you are OCing minding your own business,most all people that see your firearm will just go about their busness, now, if you are cc and for some reason your shirt rides up and flashes your gun and someone is caught by surprise,then it will be just that,a surprise and in my opinion could cause more of a negative. So no, they are NOT the same. I hope this makes sense to you. Glad to have you.

Shimmer · Feb 29, 2012

Chiming in from nearby in Hickory as well. My advice to you is, not to sound uncouth, but just man up and do it. Once you get over that initial decision to go out and do it, its all coasting downhill from there. I remember being very nervous the first few times, but now I know the law, fairly well, and I'm confident and relaxed when I open carry. A few bits of advice I'd mention when you get started though:

1) Dress nicely: Appearance is everything. How you dress can make your appearance range from threatening and intimidating to easygoing and assuring. I personally dress quite conservatively when I open carry, from jeans and a nice button up shirt, to shirt and tie, depending on how important it is for me to look the part.

2) Attitude: Compliment your attire with your attitude. Carrying a gun is a right, but it is also a responsibility. Don't go off half cocked, thinking it gives you the right to bully others. I view it as an obligation to be more respectful, and more polite to those around me, to ease the minds of the anti-gun folks around me. I like to show them that I'm better behaved than them, more respectful than them, and certainly don't fit into the "vicious gun owning redneck" stereotype they invision.

3) Know your facts: One day, you will run into someone who will challenge your right to carry your weapon, be it an LEO or an anti-gun civvie. Make sure you know your rights. Also make certain you know where you aren't allowed to take your weapon, so that you will always be in the right, and will always be able to cover your own "legal ass" so to speak.

chiefjason · Feb 29, 2012

How about referring your LE buddy to these court cases for us. It would do you some good to look through them too. It's how our right to OC is supported by case law.

State v LR Speller

http://www.guncite.com/court/state/86nc697.html

State v Kerner

http://www.guncite.com/court/state/107se222.html

And the previously mentioned State v Huntley

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

Brevard13 · Mar 1, 2012

wethepeople said:
First of all, welcome. Wow, "like showing your crack?" Really? This LEO doesnt know alot about carrying. I talk to alot of so called "pro gun" people that believe if you walk into a store with a holstered firearm people will just freak out. Total BS!! yea you might get some bed wetters panties in a wad, but 98% is good to go. Now, about the GATTTOTP blanket charge,please read up on this on this forum,then go talk to your LEO friend and explain it to him. I here this BS spouted off by alot of uninformed persons.Next I would like to point out to you or your LEO freind. If you are OCing minding your own business,most all people that see your firearm will just go about their busness, now, if you are cc and for some reason your shirt rides up and flashes your gun and someone is caught by surprise,then it will be just that,a surprise and in my opinion could cause more of a negative. So no, they are NOT the same. I hope this makes sense to you. Glad to have you.

The showing your crack was just a joke. His way of saying if the holster and gun become exposed from bending over or sitting you wouldn't be charged. He has been in law Enforcement for quite awhile. He is one of the few I would trust and would call him personally to see if he was on duty if I needed an officer. Because of the great City of Hendersonville

they make up new stuff almost on a day to day basis, more or less depending on who you are. With that being said it would be harder for him to keep up with it being that not only does he work for the county he also was moved to serving warrants and doing things like that. The county basically let's the city handle their own stuff minus routine traffic stops.

I personally thought the flashing of a concealed handgun would be worse as some people might see it as why are you trying to hide the gun. However, in this town I am not sure how all the old fuddy duddies would react.

Brevard13 · Mar 1, 2012

After doing some more research I did find this

Complete state preemption of firearms laws except localities may regulate the possession of firearms:

-In public-owned buildings
-On the grounds or parking areas of those buildings
-In public parks or recreation areas

Additionally, under NC Code Chapter 14 � 160A.189, a city may by ordinance ... regulate the display of firearms on the streets, sidewalks, alleys, or other public property.

While the word "display" does not appear to be defined in the Code, some localities in NC have adopted, or are considering adopting ordinances like the city of Chapel Hill's which restrict the open carry of handguns.

This was challenged in State v. Fennell (1989) and the NC Court of Appeals upheld previous NC court decisions stating that the guarantee of an individual right to openly bear arms in the NC constitution was subject to reasonable regulation declaring that "a pistol shall not be under a certain length."

NOTE: Almost all states allow local regulation of the discharge of firearms

The bold part is what my friend was telling me he thought the city had. I called the mayor and left a message, however, I didn't get a returned phone call.

I have my CHP so it isn't a big deal. I just wanted to see if anyone had done it themselves here.

nobama · Mar 1, 2012

Brevard13 said:
After doing some more research I did find this

The bold part is what my friend was telling me he thought the city had. I called the mayor and left a message, however, I didn't get a returned phone call.

I have my CHP so it isn't a big deal. I just wanted to see if anyone had done it themselves here.

Im no lawyer, but in my humble opinion could be read differently than an all out ban of OC. It says, "may regulate the display" not an all out ban. It also notes that regulation can be about the size of the firearm. Did you find the treads about GATTTOTP? I wish I can state the laws where or when it pertains but I cant. Good luck, and go for it.

Sahib0120 · Mar 1, 2012

Welcome to the forums!

I live in the Weaverville area, so I mostly carry around there and the Asheville area too when I go to town. Have had a few strange looks from people when carrying, but no encounters yet. A couple years ago, there were a few of us on the forums who had an Asheville OC meet. We mostly walked around in the downtown area with no problems.

One good thing is the BC Sheriff's office is pretty OC friendly. I contacted their training officer a few years ago when I was first learning about OC, and he said their deputies are schooled in the carry laws, and know that OC is perfectly legal.

chiefjason · Mar 2, 2012

Brevard13 said:
After doing some more research I did find this

The bold part is what my friend was telling me he thought the city had. I called the mayor and left a message, however, I didn't get a returned phone call.

I have my CHP so it isn't a big deal. I just wanted to see if anyone had done it themselves here.

Friendly advice. Do the research yourself and make your own decisions when possible. Asking folks that may not like guns if you can OC will probably get you a "no" whether they know anything or not. Check the Hendersonville ordinances here. Not every city posts theirs online, but if they do Municode usually has it.

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

Brevard13 · Mar 2, 2012

wethepeople said:
Im no lawyer, but in my humble opinion could be read differently than an all out ban of OC. It says, "may regulate the display" not an all out ban. It also notes that regulation can be about the size of the firearm. Did you find the treads about GATTTOTP? I wish I can state the laws where or when it pertains but I cant. Good luck, and go for it.

Actually, it says

upheld previous NC court decisions stating that the guarantee of an individual right to openly bear arms in the NC constitution was subject to reasonable regulation declaring that "a pistol shall not be under a certain length."

Which means within reason they can regulate it. How one can determine what is reasonable or not is beyond me. To me it means just what it says, that they can say no open carry inside city limits. Also the way I took the last is that the pistol could not be under a certain length in some instances. That is just my take on it.

I have glanced at some threads, however, I have only come across one GATTTOTP thread. I will do a search and see. I also feel that the charge will depend alot on the officer. I always thought that to be GATTTOTP you had to be waving it around or threatening people. You can carry a hunting knife on your belt. What is to keep me from going around stabbing multiple people? That would be GATTTOTP

MilProGuy · Mar 2, 2012

Welcome to the forum! :dude:

Fasten your seatbelts and enjoy the ride.:banana:

Brevard13 · Mar 2, 2012

I forgot to say thanks for the welcome. I am still having a hard time finding the ordinances for the city online. I did however find this due to it being on the news about some teens who were shooting each other with the clear airsoft pistols.

Ordinance 11-601 clearly states that it's unlawful for any air gun, air pistol or air rifle, even BB gun, to be discharged in the city limits of Hendersonville.

The same ordinance says throwing a snowball maliciously is against the law.

I would imagine if it is that strict that it can't be good for open carry. I will post more as I find it

Brevard13 · Mar 2, 2012

Update

As of now I have only found this

Sec. 36-87. - Weapons on city-owned or city-maintained property.

(a)
Prohibited acts. Except as provided in subsection (b) of this section, all persons are prohibited from possessing concealed handguns as defined in G.S. 14-269 in city owned and/or maintained nonresidential buildings and property as defined in G.S. 14-54(C), their appurtenant premises and parks.

(b)
Exceptions. This prohibition of subsection (a) of this section shall not apply to the following persons:

(1)
Officers and enlisted personnel of the armed forces of the United States when discharging their official duties as such and acting under orders requiring them to carry arms and weapons;
(2)
Civil officers of the United States while in the discharge of their official duties;
(3)
Officers and soldiers of the militia and the national guard when called into actual service;
(4)
Sworn law enforcement officers;
(5)
County animal control officers while in the discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;
(6)
Employees of the city, a utility company, or a contractor to the city, may possess tools approved by their employer so long as such tools are not used as a weapon; and
(7)
Persons possessing a written permit from the chief of police to possess weapons for ceremonial purposes or funerals.

(c)
Notice. A conspicuous notice shall be posted at each entrance to any property set forth in subsection (a) of this section indicating that: "Possession of concealed weapons or carrying a concealed handgun is prohibited." This indication may be given by use of the attached symbol or any other symbol decided upon by the city council.

(d)
Penalty for violation of section. Any person in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished according to the provisions of section 1-6.

(e)
Violating weapons declared contraband. Weapons possessed in violation of this section are hereby declared to be contraband. The chief of police or his designee shall hold such weapon for disposal pursuant to court order. In the absence of any such court order, the weapon shall be destroyed.

(Ord. of 11-9-95, § 1)

*as of right now this was the only thing I could find that wasn't about felons with firearms.

If anyone is interested in reading

http://library.municode.com/index.aspx?clientId=10907

Prohibited acts. Except as provided in subsection (b) of this section, all persons are prohibited from possessing concealed handguns as defined in G.S. 14-269 in city owned and/or maintained nonresidential buildings and property as defined in G.S. 14-54(C), their appurtenant premises and parks.

I know about the buildings part. Now if I understand the rest about the properties that would include the sidewalks and bascially Main Street business area as the roads and sidewalks are maintained by the city. Other than that as long as the local business doesn't have anything posted I should be GTG.

Or am I misunderstanding that.

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