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Open Carry and clarification?

6.5marinediesel

New member
Joined
Feb 4, 2013
Messages
2
Location
Hendersonville NC
I'v been doing research on OC here in NC. there's alot of mixed info out there.
Now in my understanding in oder to be charged when OC you must be found guilty of all for offences.

1.to arm himself/herself with any unusual and dangerous weapon,
2.for the purpose of terrifying others,
3.and go about on public highways
4.in a manner to cause terror to others.

So with some debates with friends my interpretations of these are that every time you OC you are guilty of #1. and the purpose of OC itself is for the intent of letting others know your carry making you guilty of #2. Now #3 is pretty clear in that if your essentially in public/or on public roads. So with being said that act of OC you could essentially be charge with the first 3. now if someone happens to complain about you packing that would be strike 4.

So my question/debate for you guys who are more educated in this topic then myself. Is when and where is it appropriated to OC? And how do you present yourself to police when being question? And finally there were more then 300 arrest in NC alone last year in cases where citizens wore openly carrying and more then 50 convictions. But regardless of convection rate. When being arrest for OCing your firearm will be confiscated. Now that seems more of a deterrent to carrying then being convicted itself. I always carry in my vehicle but if holstered sometime i may go into a convenient store or out in the open.

I just wanted to get others thoughts and experience on the subject out side of the research iv dug up.
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
300 arrests of nc residents who were OCing in 2012? Please provide a cite for that.

I open carry anywhere and everywhere where it is not prohibited by law or not posted. I wear whatever I want to wear but it typically involves a belt for support of the gun. My usual dress is casual - tshirts, dress shirts, mostly jeans but if I am kinda messy looking due to house/car/yard work and need to go out I will go like that with gun on hip. I don't fear the gatttotp law because we have prior rulings on our side.

I'v been doing research on OC here in NC. there's alot of mixed info out there.
Now in my understanding in oder to be charged when OC you must be found guilty of all for offences.

1.to arm himself/herself with any unusual and dangerous weapon,
2.for the purpose of terrifying others,
3.and go about on public highways
4.in a manner to cause terror to others.

So with some debates with friends my interpretations of these are that every time you OC you are guilty of #1. and the purpose of OC itself is for the intent of letting others know your carry making you guilty of #2. Now #3 is pretty clear in that if your essentially in public/or on public roads. So with being said that act of OC you could essentially be charge with the first 3. now if someone happens to complain about you packing that would be strike 4.

So my question/debate for you guys who are more educated in this topic then myself. Is when and where is it appropriated to OC? And how do you present yourself to police when being question? And finally there were more then 300 arrest in NC alone last year in cases where citizens wore openly carrying and more then 50 convictions. But regardless of convection rate. When being arrest for OCing your firearm will be confiscated. Now that seems more of a deterrent to carrying then being convicted itself. I always carry in my vehicle but if holstered sometime i may go into a convenient store or out in the open.

I just wanted to get others thoughts and experience on the subject out side of the research iv dug up.
 

jtitus07

Regular Member
Joined
Jan 17, 2013
Messages
26
Location
Eastern NC
I'v been doing research on OC here in NC. there's alot of mixed info out there.
Now in my understanding in oder to be charged when OC you must be found guilty of all for offences.

1.to arm himself/herself with any unusual and dangerous weapon,
2.for the purpose of terrifying others,
3.and go about on public highways
4.in a manner to cause terror to others.

So with some debates with friends my interpretations of these are that every time you OC you are guilty of #1. and the purpose of OC itself is for the intent of letting others know your carry making you guilty of #2. Now #3 is pretty clear in that if your essentially in public/or on public roads. So with being said that act of OC you could essentially be charge with the first 3. now if someone happens to complain about you packing that would be strike 4.

So my question/debate for you guys who are more educated in this topic then myself. Is when and where is it appropriated to OC? And how do you present yourself to police when being question? And finally there were more then 300 arrest in NC alone last year in cases where citizens wore openly carrying and more then 50 convictions. But regardless of convection rate. When being arrest for OCing your firearm will be confiscated. Now that seems more of a deterrent to carrying then being convicted itself. I always carry in my vehicle but if holstered sometime i may go into a convenient store or out in the open.

I just wanted to get others thoughts and experience on the subject out side of the research iv dug up.

Standard "I am not a lawyer and this is strictly opinion based" but:

When I carry, I am not carrying for the purpose of terrifying others and in my travels I am not doing so in a manner that justly causes terror to others. "In order to be charged with OC"...you cannot be charged with OC as it is not illegal. Also please cite the above reference.
 
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6.5marinediesel

New member
Joined
Feb 4, 2013
Messages
2
Location
Hendersonville NC
I stumbled upon it on NC law website. Now for the life of me I can't find it again. When I do I will provide a link. I understand that its all up for interpretationi and it is just peoples opinions and that's why I'm asking the question. I don't just want to open carry because i can. Well I take that back I do want to carry cause its my right lol but I at least would like to no about the laws and my rights in case of an ignorant officer or liberal Yankee.
 

linerider69

Regular Member
Joined
Oct 21, 2012
Messages
83
Location
Louisburg
Have not heard about the 300 arrests or 50 convictions.I OC everyday not only to hopefully educate someone on his or her 2A rights but to exercise my own not to mention all the recent home invasions in my area and carjackings,mass killings across the country.Never to intimidate anyone who is doing nothing wrong.If anything the people who know me in town some have told me they feel better when I am shopping in their store.Never had a problem with LEO.If anything you should get ahold of your local sheriff and ask him his and his deputies views on open carry. Being afraid to fight for your rights,you might as well just lay down your arms and give up.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
I stumbled upon it on NC law website. Now for the life of me I can't find it again. When I do I will provide a link. I understand that its all up for interpretationi and it is just peoples opinions and that's why I'm asking the question. I don't just want to open carry because i can. Well I take that back I do want to carry cause its my right lol but I at least would like to no about the laws and my rights in case of an ignorant officer or liberal Yankee.

You are new here, so let me clue you in, opinions do not cut it with claims such as you made.
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
You are new here, so let me clue you in, opinions do not cut it with claims such as you made.

I agree with Walking Wolf here...bold claims require some kind of corroboration or documentation. Here is the rule to follow in this type of situation:

(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

While you didn't exactly state a law, the principle still applies.
 

Roger Mosley Jr

Regular Member
Joined
Jan 8, 2011
Messages
29
Location
Mt. Sterling. Ky
Look guys, it shouldn't be whether he seen that number anywhere or if he heard it. The point is that he's asking for help on the matter. Cant we just give him the good advice that we are known for here?
 
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ncwabbit

Regular Member
Joined
Nov 2, 2011
Messages
670
Location
rural religious usa
Look guys, it shouldn't be whether he seen that number anywhere or if he heard it. The point is that he's asking for help on the matter. Cant we just give him the good advice that we are known for here?

Pray tell, what good advice should be provided when the op's information appears faulty from the start.

i thought lone wolf was quite pleasant when asking for a cite to the OP's statement....

wabbit

ps...oh wait the claim the op made appears to be lost somewhere on al gore's internet

pps...pls do not fail to understand this is a publicl viewed resource roger so if someome pops off and posts crappy and misleading info, someone will take it as gospel and spread the rumor elsewhere
 
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Roger Mosley Jr

Regular Member
Joined
Jan 8, 2011
Messages
29
Location
Mt. Sterling. Ky
Pray tell, what good advice should be provided when the op's information appears faulty from the start.

i thought lone wolf was quite pleasant when asking for a cite to the OP's statement....

wabbit

ps...oh wait the claim the op made appears to be lost somewhere on al gore's internet

So ncwabbit, what your saying is the give the guy hell and forget the advice? Sounds like your saying ALL advice on here is crappy advice. Remind you I said SOUNDS LIKE not YOU ARE. Big difference!
 

ncwabbit

Regular Member
Joined
Nov 2, 2011
Messages
670
Location
rural religious usa
So ncwabbit, what your saying is the give the guy hell and forget the advice? Sounds like your saying ALL advice on here is crappy advice. Remind you I said SOUNDS LIKE not YOU ARE. Big difference!

alas roger, i guess i missed a response to my query...what advice would you like us to offer to the OP and perhaps i missed your input to his query as well!

wabbit

ps i guess you perceive this banter as giv-em-hell....rofl...i was serious lone wolf was being quite pleasant, as was i

pps...as for soundness of advice provided on the forum, you wouldnt want to be told something without a cite you could reference would ya? 'sides you get what ya pay for
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
So ncwabbit, what your saying is the give the guy hell and forget the advice? Sounds like your saying ALL advice on here is crappy advice. Remind you I said SOUNDS LIKE not YOU ARE. Big difference!

The OP based his question on the faulty claim, the claim has to be proven or put to rest. After that there is little advice needed.

It would be like asking if it was safe to walk on sidewalks because if a person stepped on a crack they might break their back.
 
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papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
let's try to address what i assume is the question to the GATTTOTP law.

1 arming with an unusual weapon . there is nothing unusual about a holstered firearm. though the courts have deemed a firearm as dangerous. Failed

2. this is an assumption of intent. hard to prove. if you are carrying a holstered fire arm and not being menacing with it, they can not use this. it works kind of like the brandishing laws in VA. Failed

3. you must be on a public highway. i have seen this interpreted to mean someone standing in the road yelling threats to someone else. but if you are on private property or not on a highway. Failed

4.this is a interpreted thing. basically you must be actively doing something to threating others. carrying in a holster is not one of these. failed

they must have all four of these points to make it stick

now for the bad news. Any LEO can literally F*** you in the butt if he wants to and there is nothing you can legally do about it, till it gets to court. if they want to bust you for GATTTOTP, they will. doubtful if it will hold up in court. always carry a recorder with you. keep your nose clean and everything will work out
 
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