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Old 04-14-2008, 10:36   #20
The Reaper
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Quote:
Originally Posted by ODA 226 View Post
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

Quote:
North Carolina law also prohibits any person carrying a gun, rifle, or pistol into
any assembly where a fee has been charged for admission or into any establishment
where alcoholic beverages are both sold and consumed. Again, the individuals exempted
from carrying concealed weapons cited in paragraph III. A. of this publication are
similarly exempted under this law. A concealed handgun permit does not allow a
permittee to carry a weapon in these areas. The following are also included in this
exemption:
22
a. The owner or lessee of the premises or business;
b. A person participating in the event, if he/she is carrying a gun, rifle, or
pistol with the permission of the owner, lessee, person, or organization
sponsoring the event; and
c. A person registered or hired as a security guard by the owner, lessee,
person, or organization sponsoring the event.
N.C. Gen. Stat. § 14-269.3
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
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