Nc Laws

[JM40.Cal]

drama queen

 

[Hondov65]

The Castle Doctrine is not dead and from what I understand it become effective next month here is the link: http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H476v1.html

Welcome to NC!
As I mentioned earlier, the Castle Doctrine and Park Carry Bills died in committee along with the Restaurant Protection Act. The Restaurant Protection act would allow CHP holders to carry in any establishment that has a portion that normally and customarily serves food and was originally intended to get rid of the prohibition for restaurants that serve alcohol but I think would have went a lot further since theatres, schools, some bars, etc. also serve food. Personally, I feel that if a person has a CHP, they should be able to carry everywhere as long as they do not consume alcohol. We should base prohibitions on people instead of places since crime does not stop where CHP holders cannot carry.

 

[dubccat51]

I just looked on the NC Legislature website and it is still in the House Committee on Judiciary II. The date on the bill sayes it is effective on December 1st but it has never been voted on except one reading in the House. It is my understanding that each bill has to be read and voted on three times by both houses of the Legislature, Ratified, and then be signed by the governor to become a law.

Here are the bill pages for each of the three self-defense bills:
Bill Page for Castle Doctrine
Bill Page for Concealed Carry in Parks
Bill Page for Restaurant Protection Act

I was also snooping around and found out that a bill to stop the seizure of lawful firearms in an emergency also died in commitee. I hope we don't have a Katrina like event anytime soon. This bill would not protect firearms that are carried off a person's property since it is already illegal to both openly carry and carry concealed in an area of riots or emergency, but it would prevent officers going from door to door taking firearms like they did in New Orleans. I don't think that North Carolina would seize firearms during an emergency since it didn't happen during Hurricane Floyd, but I didn't think that New Orleans would either.
Bill Page for No Seizure of Lawful Firearms in an Emergency

 

[Hondov65]

I took my concealed weapons class in July and was informed by my instructor that NC would be getting a Castle Doctrine simular to FL in Nov or Dec, so I'm looking at this to already have passed and ratified and will go into effect in a few weeks. I will double check with my instructor soon.

 

[Zelenka]

CCW in NC

Yes indeed, we are at the cutting edge of progressive CCW laws--LOL. I got my permit a few weeks ago and after I had it laminated it makes a fairly good window scraper on cold mornings. I have a sweet Kahr T9 I can shoot very well but I will NOT carry until things change in this State AND in most of the country as well. We should be rewarded for our willingness to risk our lives in potential shoot-outs with the thugs among us but HELL NO--we have to put our freedom and finances at serious risk even in a "justified" shooting incident. By the time you determine that you meet all the criteria for displaying, much less using, a gun you might as well throw a rock!
Some say they'd rather be "judged by 12 than carried by 6". Well, I don't know. If I were to loose everything I own and be sentenced to 5 years in prison because some thug had a slick lawyer I'd be glad I had a back-up gun--to use on myself!
Much as I hate cold weather it's almost enough to make me want to move to Alaska--the ONLY state with proper armed self-defense laws.

 

[CarolinaJohn]

Yes indeed, we are at the cutting edge of progressive CCW laws--LOL. I got my permit a few weeks ago and after I had it laminated it makes a fairly good window scraper on cold mornings. I have a sweet Kahr T9 I can shoot very well but I will NOT carry until things change in this State AND in most of the country as well.

The unfortunate thing is that the antis want you to do just that....NOT carry. You are becoming part of that culture when you decide not to carry.

We should be rewarded for our willingness to risk our lives in potential shoot-outs with the thugs among us but HELL NO--we have to put our freedom and finances at serious risk even in a "justified" shooting incident. By the time you determine that you meet all the criteria for displaying, much less using, a gun you might as well throw a rock!

The unfortunate thing is, no matter what laws are enacted to protect us criminally should we ever need to defend ourselves, we will ALWAYS face the civil aspect. Yes it can be a money draining endeavor. The lawyers have made this possible. We need reform that protects us from civil suits. The laws in this States are bizarre!

Some say they'd rather be "judged by 12 than carried by 6". Well, I don't know. If I were to loose everything I own and be sentenced to 5 years in prison because some thug had a slick lawyer I'd be glad I had a back-up gun--to use on myself!
Much as I hate cold weather it's almost enough to make me want to move to Alaska--the ONLY state with proper armed self-defense laws.

I agree to an extent. But I live here now. I should have researched more before I relocated here, but I did not. Therefore, I will do all I can to get the laws changed to make it better for a Law Abiding Citizen to be able to defend themselves without all the restrictions that are currently in place.

 

[CarolinaJohn]

Do you not support his right to open carry if he so chooses?

I support anyone's right to open carry.

 

[Kivuli]

I'd be interested, if you're ever up Greensboro way, to see how the local banks take to open carry. I carry every time I leave my apartment here but I haven't even tried going open carry. Too many gun-shy sheeple I'm afraid will call the cops on me live here. I'd much rather uncover my USP when walking into a bank than leave it in the car, however.

 

[CarolinaJohn]

I'd be interested, if you're ever up Greensboro way, to see how the local banks take to open carry. I carry every time I leave my apartment here but I haven't even tried going open carry. Too many gun-shy sheeple I'm afraid will call the cops on me live here. I'd much rather uncover my USP when walking into a bank than leave it in the car, however.

I have yet to see anyone in North Carolina open carry. I have been here for almost 9 months and I have not seen a one. I know it happens, but have not seen it. Let alone in a bank.


I agree with your statement of rather have it carried open opposed to leaving it in the car.

Still trying to determine which beaches are not so called state beaches. Like Carolina Beach, is it legal to carry concealed there? I know Fort Fisher is a state park and weapons are a no-no there....

Anyone know where one can get a well defined list of off limit places?


Thanks....

 

[murf26]

NC Laws

I live out east, and have carried up and down the crystal coast (Atlantic Beach, Jacksonville, Havelock, Emerald Isle, Morehead City, New Bern, Beaufort) as well as Greenville, Raleigh, and other random places around here.

I said it before and I'll say it again, the "going armed to the terror of the people" bit is a non-issue. If a cop tries to arrest you for this, you would have every right to resist as it would be an illegal arrest (assuming, of course, that you are simply carrying a sidearm in a holster). You can't let crap like this scare you from exercising your rights. If you do, then you've already lost your rights to begin with.

CarolinaJohn, what county do you live in? I will be more than happy to visit a bank in your area to make my point. Openly carried weapons are NOT PROHIBITED in financial institutions, period. Only once have I been questioned for doing this. A man asked, rather loudly, why I had a gun in, of all places, the bank. I told him that State law prohibited me from carrying concealed in a bank even with my permit, so I HAD to carry it like this. He shut up, and everyone else realized I knew what I was doing.

It has already been stated that Chapel Hill is the only municipality with any restrictions specifically on openly carried weapons. The minimum is 6", and even a small Walther PPK qualifies.

As long as you familiarize yourself with NC's gun laws, you will be fine openly carrying. I invite anyone and everyone who carries in NC to do so openly. I couldn't tell you how many people I have educated about their rights and freedoms just because I was carrying. Every person I have met and talked to had no idea that it was legal to carry a firearm for personal protection without having to get permission from the state. You just have to be 18 and legally own your firearm...that's it. I've even been invited to "stop by often" by business owners because they appreciate what I do.

Ok sorry I'll stop ranting. It just irks me when people tell you "it may be legal, but it's just not a good idea". If you don't use your rights, you'll lose your rights. Remember that.

Disclaimer: I am not a lawyer, or anyone else worth suing.

Mitchell County...

 

[[email protected]]

I had hoped I wouldn't see these kinds of posts here. i quit another forum because i got that kind of treatment, and i sure hope carolina john and the other guy can kiss and make up. The sad part is, I agree with both of them. As a ccw instuctor, I can tell you that the parts of our laws on the use of deadly force inside the home have some very good origins. It is legal to use deadly force to stop an intruders unlawful entry, if the homeowner reasonably believes that a felony will be commited inside the home, and that there is no other way besides deadly force to stop him. After entry has been effected, the legal standing of the lawful occupant changes, and he may only use deadly force if there is an immediate threat of death, great bodily harm, or sexual assault. The home ownwr is under no obligation to retreat on his own premisise. The reasons for this are many, but suppose the roof of your house is on fire, and a first responder broke the door down to rescue you?suppose yopur neighbor had a heart attack, and his son runs over to your house to get you to help? Suppose an elderly person was weandering around after dark, and got lost? A crazy but harmless person? A drunk? I had that one happen to me. I am sure glad I didn't shoot him. He sobered up real quick when the lights came on, and he realized he wasn't in his own house.
If you read what happens after you shoot someone, you really don't want to shoot them . Don't be so hasty and possibly blood thirsty. you would know for the rest of your life you had taken some ones life, however worthless, unnessecarily. That is a hard thing to live with if you are a normal person.

For the most part, mr 40 is correct about open carry, and i applaud him for his stand on the issue. I also understand Carolina John's stand as far as tactics, etc. I personally worry less and less about being seen carying. I use the drive trhough at the bank, and I don't go into the bank in "open carry mode" because i don't want to tramatise the poor ladies who work there. they have been robbed several times, and i just don't want to cause them grief. I take the attitude of the apostle Paul. All things are lawful, but all things are not conveint. And he was big on not offending people, too.

Personally, I carry concealed, just not all that concerned about it. If you dress the part of a law abiding citizen, cut your hair the right way, use proper ediquette and speach/ speach patterns for the place you are in, you will have no problems. When you are nervous, act or look out of place, and if you seem beligerent, you will not win many friends, period. Just be cool, man. It will be all right.

And one more thing. Many time the leo you are dealing with has no idea what the law is on ccw anyway. If you start reading him the riot act, you are asking for trouble. If you are friendly, nice, patient, especially patient, you will probably be o.k. Excuse me, I'm sorry, I sure didn't mean to cause you any trouble, Man I hope I didn't mess up; those kind of things will get the leo to exercise patience, and call his supervisor, or the magistate on duty, and find out if you are in violation of any statute. "Well. I thought I was ok", will get you further at this point than"See, you idiot, I told you I was right."

I would not be so afraid of unjust prosecution as i would of handling something the wrong way and being known as an "@$$hole". Police are people too, and they will get you back if they can. Treat them with respect, and they are your best freinds.

 

[NCjones]

What is the atmosphere toward OC in NC? Can't find anything prohibiting it but can't find anything explicitly allowing it either.

Any advice for an out-of-stater while CCing in NC? The main thing that caught my attention is to be wary of what type of restaurants I enter (whether they serve alcohol or not). Are doors posted with signs or anything? How would I know they serve alcohol until I looked at the menu?

I OC in Carolina. Have been for a couple of years. You get a lot of strange looks but all of the response from the LEO's has been positive. Be advised that there are one or two cities in NC that have banned OC. Maybe Chapel Hill or Durham, I don't remember.

Simply wearing a piece on your hip isn't GATTOTP (going armed to the terror of the people). Unless you are acting the fool or have it out in your hand or waving it about or something stupid like that, then you are not GATTOTP. You can refer to STATE v. ROBERT HUNTLEY. NC court ruled as follows:

A man may carry a gun for any lawful purpose of business or amusement, but he cannot go about with
that or any other dangerous weapon, to terrify and alarm, and in such manner as naturally will terrify
and alarm a peaceful people.

The court stated, although a gun is an "unusual
weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence.
For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry
his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the
crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such
manner as naturally will terrify and alarm a peaceful people.

I think the key words in the case are "wicked purpose" and "mischievous result" and carrying it in a manner to "terrify and alarm".


FYI, the last time that GOTTOTP was prosecuted was about 50 years ago and that was a pickup truck load of klansman driving around waving shotguns.
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