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North Carolina Flyer

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,741
Location
Concord, NC
In Raleigh take a look 13-2010 d which (imho) is a blatant violation of 2A meant to provoke a court case..."It shall be illegal to possess a firearm, including concealed handguns otherwise allowed by the provisions of G.S. article 54B, on or about the person on any City-owned or controlled property, whether real or personal."

Has to be a typo??? Couldn't be actual law could it??? But it is...and you could probably still get arrested for it regardless of whether you OC or CC. It's almost too ludicrous to acknowledge which is why I was doing the research before I OC'd on the local section of the MSC trail.

http://library.municode.com/HTML/10312/level3/DIVIICOGEOR_PT13OF_CH2OFAGPU.html#DIVIICOGEOR_PT13OF_CH2OFAGPU_S13-2010FIDIWICI

Cary exception #4 (temporary transport) might get you farther than self defense when cited for a violation unless you could prove a real and immediate threat to you or someone else that caused you to display your firearm in self defense. I don't want to be the one to test that theory.

From this angle Raleigh looks worse for open carry than Cary.

And sorry for the hijack too...
(red above is my editing) --Moderator edited to bold black, color fonts are a rule #19 violation --

I think the Cary ordinance would have to say USED in self defense for the person to need to prove a real or immediate threat. Otherwise, simply HAVING it is the essence of self defense...and I don't think you need to "prove" your intent...simply the fact that you state it as your motivation is MORE than enough. The 2A does the rest. I think the prosecution would have to be the one to establish that it was NOT carried for self defense. Hard to prove a negative without the defendant shooting them self in the foot. :)

As far as Raleigh...I think it MIGHT be unconstitutional as far as current court decisions...but only if you are actually in an assembly, gathering or parade. And I think if the "gathering" decided it was a protest against the ordinance, then it might get REALLY dicey if they wanted to try to prosecute!
 
Last edited by a moderator:

Jarhead1981

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Joined
Jul 27, 2012
Messages
2
Location
Stella
About the flyer

The flier, under the "Does North Carolina Honor My State's Permit' refers to NC Statute NC 14-215.24a. I have a copy of the "north Carolina Criminal Law and Procedure" and the NC Statutes posted elsewhere in this forum (http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0014) Neither of them have anything under NC 14-215. Is there something missing on my end or was this a typo?
On that topic, some good info here: http://www.ncdoj.com/About-DOJ/Law-Enforcement-Training-and-Standards/Law-Enforcement-Liason/Concealed-Weapon-Reciprocity.aspx\

Bob
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
441
Location
Durham, NC
The flier, under the "Does North Carolina Honor My State's Permit' refers to NC Statute NC 14-215.24a. I have a copy of the "north Carolina Criminal Law and Procedure" and the NC Statutes posted elsewhere in this forum (http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0014) Neither of them have anything under NC 14-215. Is there something missing on my end or was this a typo?
On that topic, some good info here: http://www.ncdoj.com/About-DOJ/Law-Enforcement-Training-and-Standards/Law-Enforcement-Liason/Concealed-Weapon-Reciprocity.aspx\

Bob
That's a typo - thanks for the catch. It should be 14-415.24(a). It will be fixed in the next revision.
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
441
Location
Durham, NC
Flyer has been upreved. The newest revision is for August 2012. Please see the first post in this thread for the link and for the list of changes.

Also, please keep the comments coming. Most of the edits are based on the feedback.
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
441
Location
Durham, NC
To the mods: Can the title of this stickied thread be changed to remove the date so that it just reads "North Carolina Flyer"? Thanks
 

sageone

Regular Member
Joined
Feb 26, 2013
Messages
11
Location
Earth
I can't seem to access the flyer. I get an error when I click on the link that is listed in Post 1.

thx,
 

sageone

Regular Member
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Feb 26, 2013
Messages
11
Location
Earth
Ok, might be my POS work computer along with all of the stupid restrictions that are placed on internet access. Will try from my home machine tonight.

thx,
 

USMCRET.

Regular Member
Joined
Mar 15, 2013
Messages
27
Location
Gastonia, NC
This is outstanding!!!!:monkey:banana: It answered every question I had except for one. Anyone know any good pro 2A attorneys in case of an incident where legal representation is needed?

Again great job on the flyer!!!
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
441
Location
Durham, NC
Might need to update the flyer a bit after HB937...
It looks like it should be a very minor change to the lower note in the "Places Where Firearms Are Prohibited" section. If anything else should be corrected/updated, please let me know.

I also just noticed that the footnote reference number needs to be corrected in line item 5 of that section as well, so that will get fixed.
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
441
Location
Durham, NC
I just went through a first pass edit for the next revision of the NC OC flyer. With the laws going into effect on Oct 1, the differences between OC and CC are becoming a bit larger. So, I figured that instead of making a bunch of small notes saying you can't OC here and here but you can CC here and over there, I would simply remove all references to concealed carry completely. I mean, it's a flyer about OC, so why not? The only mention of concealed carry I have in this possible version is in the quotation from the NC constitution. Oh, and in the answer to carrying in a car (don't conceal it!).

So with all that slashing and cutting, the flyer now has some blank space. This space currently amounts to about an entire page of the tri-fold flyer (1/3 of a landscape sheet). I was thinking of filling in the space with more answers to common questions, but maybe there is a better use of the space. Perhaps some more information on carrying in national parks, state parks, hunting lands, etc.

Any thoughts? Does anyone have anymore FAQs?

Thanks
 

Jamesm760

Regular Member
Joined
Apr 13, 2013
Messages
429
Location
Salisbury, NC
I just went through a first pass edit for the next revision of the NC OC flyer. With the laws going into effect on Oct 1, the differences between OC and CC are becoming a bit larger. So, I figured that instead of making a bunch of small notes saying you can't OC here and here but you can CC here and over there, I would simply remove all references to concealed carry completely. I mean, it's a flyer about OC, so why not? The only mention of concealed carry I have in this possible version is in the quotation from the NC constitution. Oh, and in the answer to carrying in a car (don't conceal it!).

So with all that slashing and cutting, the flyer now has some blank space. This space currently amounts to about an entire page of the tri-fold flyer (1/3 of a landscape sheet). I was thinking of filling in the space with more answers to common questions, but maybe there is a better use of the space. Perhaps some more information on carrying in national parks, state parks, hunting lands, etc.

Any thoughts? Does anyone have anymore FAQs?

Thanks
I can't access the flyer at work, so if this is in there already just ignore me. Some really useful information would be Terry vs. Ohio and other LEO encounter related things (stop and ID). Usually during encounters with LAC's the second topic of questions after the initial "do you need a permit to OC?" is "what about the police? Will they tell you something? Can they just stop you, if you are carrying a gun?". Even an example of a possible example would be good. The reason I say this is because I just recently watched a video where a couple of young females are in a subway located inside a Wal-Mart and a LEO shows up demanding ID from everyone that was in the party, even the ones that were not OCing. People need to be a little more prepared for the LEO encounters. Just throwing ideas out there :)
 

carolina guy

Regular Member
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Jun 21, 2012
Messages
1,741
Location
Concord, NC
I can't access the flyer at work, so if this is in there already just ignore me. Some really useful information would be Terry vs. Ohio and other LEO encounter related things (stop and ID). Usually during encounters with LAC's the second topic of questions after the initial "do you need a permit to OC?" is "what about the police? Will they tell you something? Can they just stop you, if you are carrying a gun?". Even an example of a possible example would be good. The reason I say this is because I just recently watched a video where a couple of young females are in a subway located inside a Wal-Mart and a LEO shows up demanding ID from everyone that was in the party, even the ones that were not OCing. People need to be a little more prepared for the LEO encounters. Just throwing ideas out there :)
It might still be worthwhile to consider listing places you can OC, but only if you have a CHP ?? I like the court cases that James suggested as well!

Thanks for the editing work!!
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
441
Location
Durham, NC
I've upreved the OC flyer once more. Please go to the first post of this thread for the link.

Again, if there are any suggestions for content, please share. The flyer contains references to three court cases:
State V Huntley (GATTTOTP)
State V Kerner (OC constitutionality)
Terry V Ohio (police stops)
 

Jamesm760

Regular Member
Joined
Apr 13, 2013
Messages
429
Location
Salisbury, NC
I've upreved the OC flyer once more. Please go to the first post of this thread for the link.

Again, if there are any suggestions for content, please share. The flyer contains references to three court cases:
State V Huntley (GATTTOTP)
State V Kerner (OC constitutionality)
Terry V Ohio (police stops)
Thanks for the new flyer! When I get home I'll print a few!
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
7,732
Location
here nc
good job on getting the flyer and information onto the site...

however, not to be thought a 'johnny come lately' but in the para titled: 'so i can just carry it openly' we are presented with an opportunity to make a comment about adding something about 'those eighteen and over can open carry'. this could go a long way to clarify the OC question raised by those young adults who want to OC but get incorrect information from uninformed individuals, such as parents, LE, etc.

and a editoral nit...might read the document and unify the term firearm throughout the document against the term weapon except where it specifically addresses those statutes using the term 'weapon'

ipse
 

Jamesm760

Regular Member
Joined
Apr 13, 2013
Messages
429
Location
Salisbury, NC
I tried printing some. When i tri fold it is over text, not sure if it is a position or text size problem or if i just need to mess with my printer settings, will post update later.
 
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