NC has an arcane legal system, and as stated, the open carry is legal till someone complains that it bothers them. Then, it is an arrestable offense as "Going Armed to the Terror of the Public". In the old days, it was less of a problem, but with all of the new citizens from north of the Mason-Dixon line, any sight of a gun is reason for panic and freaking out, necessitating a call to the LE. Peregrino and kgoerz can tell you, we got hassled in a restaurant in Southern Pines for bringing in a Blue Gun M-4 for a product discussion in a private meeting room.

If you think that is crazy, look at the NC automatic weapons laws.

IMHO, in NC, the CCW system is too easy to use to justify OC and the risks that accompany it. you might win, or you might not. You alone know your tolerance for arrest and litigation.

TR

TR,
I agree with you 100% that CC carry eliminates any potential problems. Afterall, concealed means CONCEALED! And it is up to the individual about how far he is willing to fight the system for his rights. As a matter of fact, I just surrendered a LEGALLY registered NFA weapon to BATF last week after I found that Virginia passed a law banning the Striker 12 shotgun.

BATF supported my contention that my NFA AOW Striker was NOT a shotgun and was therefore protected under both state and federal law. VSP didn't agree. They said I could legally possess a "short-barrelled weapon" under state law but not a Striker 12. I bought this NFA weapon in 1991 and it was banned by an administrative pen in 1994, when I was in Bosnia.

BATF offered to write in Virginia AG in my behalf, but I decided to surrender the weapon to ATF because in addition to it being a Class 6 felony to possess in Virginia, it is also a Class 6 felony to sell or TRANSFER the weapon to anyone! If I turned it in to VSP, I would be guilty of a Class 6 FEDERAL felony! I was in quite a pickle! The stroke of an administrative pen turned me, a former LEO into an unknowing felon.

I couldn't take the risk of arrest, attorney's costs, loss of my TS/SCI and my job. It really sucked, but it was the only way out. :(

Again, while I agree with you professionally and TACTICALLY against open carry, in Virginia there is no other choice until we get a new governor. Once that occurs and the law is finally changed I will most likely never OC again. But until then there is no other choice.

Does NC prohibit CC in restaurants?

Only if they also serve alcohol.

TR

TR,
I'm not familiar with NC statutes, so I'll need to rely on your expertise since you are on the ground there.

Is open carry prohibited in restaurants? If not what do you personally do in that case? Just trying to get a handle of the situation in NC.

Thanks!

226

Open carry is legal in most places till someone complains. Then it is "Going Armed to the Terror of the Public".

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

I never pursued the open carry once I had a CCW permit. Reciprocity with an NC permit is pretty good since they opened it for other CCWs. IIRC, it is something like 30 other states.

Having said that, it would appear that these are the choices:

1. Carry concealed with a permit, and avoid restaurants that serve alcohol. If you want to drink, you do not need to be packing. Maybe a "designated shooter" program for the designated driver?

2. Open carry, and risk complaint and arrest under the "Terror" statute.

3. Carry concealed with or without a permit in a prohibited place and risk arrest. Now you can get into the whole, "if it is effectively concealed, how do they know I am carrying?" issue. Is the "Terry" permitted in that situation? What would the PC be? If you have to draw it to protect your family, all bets are already off and you are dealing with a more serious immediate problem than the legality of the carry.

Not a lawyer, just been carrying here in NC for a while.

TR

Roger that! Thanks!
226

I have gotten a lot of good information from all the replies to this thread. Thanks to everyone who has replied. I have found an instructor from searching the web. He is located just south of Fayetteville. His website is http://www.concealcarry1.com/. I spoke with him on the phone and he seems like a pretty good guy. Runs classes every Sunday out of his home and I was able to get myself and my wife in this upcoming Sunday. I will let everyone know how it went :munchin. Thanks again.

CHP class at Ed's
 

.

Kentucky is a bit different but the results are the same.

1. We have open carry with or without a carry concealed weapons permit.

2. We are also legally able to have a loaded handgun in a glove box of our vehicles, with or without a carry concealed weapons permit. Although state laws are very ambigious about having a firearm on your seat, in the back seat, in plain sight. We can also have the firearm holstered on our side with or without a permit, so long as it is in plain view, not concealed.

I have had two conversations with local Police Chiefs regarding their opinions on open carry. Both have stated "Well, when it's hunting season and I see a .44 Magnum on someones hip I pretty much know what their doing" :munchin

I have heard that some people have been charged with "Improper display of a firearm" Though I can not find any language within the Kentucky State laws regarding this particular charge. I'm guessing someone open carried and the result was much the same as described by The Reaper, but with a lesser charge, not a felony.

I see it as potential harassment, even if it is within our states constitution to exercise our right to open carry with or without a concealed weapons permit.

My. 02

conceal carry instruction
 

I see this topic has had many hits, as its a pretty big market here in fayetteville. To answer the origional question for those interested in CCW.

I would suggest going to the local sheriff dept and picking up a brochure. there are several recomended instructors listed in there. While there you can also pick up the packet that will contain the nessassary documents needed to apply.

Plus they will have the most current application/renewal fee information

(Besides you will have to visit the sheriffs station anyhow to process your application ;))

http://www.ncdoj.com/law_enforcement/cle_handguns.jsp

On this page is a brief synapsis and a link to reciprocity states.

One note on reciprocity, reciprocity means you can carry in those states, however, you must adhere to the carry laws of those states, so you must look up those laws before conducting such an act. CCW laws vary drastically from state to state, even city to city or county to county, as do engagement laws for actually meeting force with force should you have to use your weapon.

An example my instructor used was carrying in SC, if you carry there, they are very lenient, most places are not off limits, but if you accidentally expose your weapon and someone sees it even in the holster, that act is called "brandishing" and you will get locked up if a complaint is filed. Another example was one state where you can open carry but the barrel had to excede something like 6 inches.

Basically, don't assume that the laws are the same from state to state.

Also know the Federal laws that cover certain types of properties in all states, and include federal installations such as Post Offices, Federal office buildings, military posts, etc.

Taking the CCW course is a good idea for any armed citizen in NC, even if your guuns never leave your dwelling. It defines when you can use deadly force in your home and when you can't use it, among other things.

I took the class recently and submitted for my permit this week, Cumberland County turn around time is estimated at 4 weeks as of Monday.

My instructor ran it for $40, most run for around $80. I can provide contact info via PM if you need it.

It's a shame that our country has reached the point that this is even a necessary discussion :(

Just FYI, if anyone is in the Wilson area and wants to take the class, I have just received my instructor permit from NCDOJ. I can teach anywhere in the state of course, but you would have to have access to a range.

Interesting thread, with a lot of great comments. I think you are definitely doing the right thing 11Ber by pursuing your CCW. If you are still a student in the Q, you need to remember that you actually have less rights than the rest of the QP's and readers of this thread than you might like to think. God forbid that you do have an incident that goes across the SWC CMDr's desk that says you either got rolled up at the gas station for brandishing a weapon, or that you produced a concealed weapon for "X" reason without having the proper authorizations, paperwork, training, etc. Either way your wrong and actions will speak louder than words. You can bet your Tab on it.

If you would not like your name associated to "Sgt XXX, a Special Forces soldier from Fort Bragg is sought for questioning regarding,,,,," then maybe you should remember "Just Because You Can, Doesn't Mean You Should."

I would also keep that in mind if you find yourself staring at the McKellars Buffet conveniently located across the road from the shooting range on post. It's a dangerous world out there,,, and buffets are the work of the Devil.

Hope I helped,,,

I totally forgot about this thread. No, I'm not in SWCS anymore, graduated in May and I've had and exercised my CC privileges for about 2 years now with no incident.