NC Help Needed: I take my daughter to daycare in the morning, how do I CC? - Page 2

NC Help Needed: I take my daughter to daycare in the morning, how do I CC?

This is a discussion on NC Help Needed: I take my daughter to daycare in the morning, how do I CC? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I guarantee you it is much easier and can be alot cheaper just to park on the street and leave your gun in the car ...

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Thread: NC Help Needed: I take my daughter to daycare in the morning, how do I CC?

  1. #16
    Member Array Bigpoppa48's Avatar
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    I guarantee you it is much easier and can be alot cheaper just to park on the street and leave your gun in the car and walk your daughter to the door of the daycare. You are probably going to get the question"Why did you park way out there" Tell the questioner that it is "For your exercise". If you happen to run in to a cop trying to make a name for himself it can be very expensive because you will have to get a lawyer to get out of it and you might lose your ccw.


  2. #17
    New Member Array jhabers's Avatar
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    Hi all, I contacted the NC DOJ the other day. I asked them specifically about day cares and how they relate to the concealed carry laws. The gentleman I spoke to on the phone told me that he coul only read me the law and he was not able to "interpret" it for me. I figured this would be the case.

    He directed me to NC Statute 14‑269.2

    You can read it here : Chapter 14

    Specifically he read me this section:

    Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.

    From what I gather I would think that based on this definition that a day care would be OK to carry on. I pressed him a little and I got the feeling that he thought that it was "OK" to carry, but obviously would not say.

    What do you guys think? Should I run this by an attorney?

    My daughters daycare is very small in size. A lot of 1 on 1 interaction and she absolutely LOVES it. They just are set back from the raod and have a decent size piece of property that is right off the main road.

    thanks
    Jonathan

  3. #18
    New Member Array jhabers's Avatar
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    I just wrote a long response a second ago and it said that it needed to be moderated. Anyone know where it went?

  4. #19
    Distinguished Member Array hardluk1's Avatar
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    jhabers This site does at times have problems,. Our conections at times process's a bit slower than other forums and sites do and it you click out the page befor the message ent thru competely the message is gone. Happens to me ato here sometimes but not on other forums. Maybe this is what happend to your meassgae, maybe not.

    I will not say how I deal with the OP problem.
    Last edited by hardluk1; November 23rd, 2012 at 03:27 PM.

  5. #20
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    The statute reads like it would really depend on how the Day Care's business model is set up for tax reasons and such. If they have a board of directors, or more than one facility under the guise of a corporation, you may have problems with the law.

    However, where I live, almost all Day Care facilities are privately owned by an individual who at least has a teaching degree. I don't know about all the other state requirements for approved Day Care, but it would seems that most places under your state statute would be okay to carry.

    Use your own judgement. Remember, the AG or his deputies are not going to give you their interpretation because that is what the court room is for. Who's argument of interpretation of the statute does the jury believe is the correct one. So, it sounds like it's okay by reading the law itself.... But if someone wanted to push the issue, then you just won the booby prize and get the expense of seeing who's side the jury believes.

    If you carry correctly and conceal appropriately, it should never be an issue. Or, you could park somewhere off of the property... Or, you could find another Day Care where they have off property parking without a long walking distance or heavy traffic issues.
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  6. #21
    Distinguished Member Array lchamp's Avatar
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    Do they search parents when they arrive to deliver/pick up kids?

  7. #22
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by lchamp View Post
    Do they search parents when they arrive to deliver/pick up kids?
    Why would this matter to someone who isn't a criminal?
    North Carolina Concealed Handgun Permit Instructor
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  8. #23
    VIP Member Array nedrgr21's Avatar
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    You have to always read the complete statute:
    (f) Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:
    (1) The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and
    (1a) The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and
    (2) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.
    (3) The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.
    (4) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

    Hopefully the daycare isn't considered a school, but if it is, it seems like your options are to not carry, risk a misdemeanor (make darn sure you tell absolutely no one and your child doesn't know about it either), or find another day care - while your daughter loves the place, kids are very adaptable and will make friends elsewhere quickly. Sometimes a parent's job is to make unpopular decisions for the child's welfare/protection. She'll be moving on to Kindergarten soon anyway.
    Bark'n likes this.

  9. #24
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by nedrgr21 View Post
    You have to always read the complete statute:
    (f) Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:
    (1) The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and
    (1a) The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and
    (2) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.
    (3) The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.
    (4) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

    Hopefully the daycare isn't considered a school, but if it is, it seems like your options are to not carry, risk a misdemeanor (make darn sure you tell absolutely no one and your child doesn't know about it either), or find another day care - while your daughter loves the place, kids are very adaptable and will make friends elsewhere quickly. Sometimes a parent's job is to make unpopular decisions for the child's welfare/protection. She'll be moving on to Kindergarten soon anyway.
    This misdemeanor can be grounds for the permanent revocation of your concealed carry permit and the loss of your ability to purchase handguns in the state of NC.
    North Carolina Concealed Handgun Permit Instructor
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  10. #25
    Member Array lokin4deer's Avatar
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    Lets remove the conceal word for a minute. You are dropping your child of at daycare before going shooting at the range for the day or hunting anything that involves a gun (other then CC) Would you have you gun and bullets in the car just in a seperate spots both secured and be ok? You have to be able to transport guns and bullets otherwise how would you ever get them home from a LGS. I live within 10 minutes of Illinois and when I travel thru Ill I have to seprate my gun and bullets and store them until I get thru the state. Just something to think on.

  11. #26
    Member Array lokin4deer's Avatar
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    Quote Originally Posted by lokin4deer View Post
    Lets remove the conceal word for a minute. You are dropping your child of at daycare before going shooting at the range for the day or hunting anything that involves a gun (other then CC) Would you have you gun and bullets in the car just in a seperate spots both secured and be ok? You have to be able to transport guns and bullets otherwise how would you ever get them home from a LGS. I live within 10 minutes of Illinois and when I travel thru Ill I have to seprate my gun and bullets and store them until I get thru the state. Just something to think on.
    I just read through the MO laws again and I found this near the very bottom of the page.

    "This is the minimum age for possessing and transporting a handgun unloaded and secured in a vehicle without any type of permit/license to carry firearms. Note: In some states Possession and Transportation CAN be very restrictive in that you can ONLY possess and transport a handgun to and from a Shooting Range, Gun Shop, property you own or other places you can legally possess a handgun. Some states do not have this restriction."

  12. #27
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by lokin4deer View Post
    Lets remove the conceal word for a minute. You are dropping your child of at daycare before going shooting at the range for the day or hunting anything that involves a gun (other then CC) Would you have you gun and bullets in the car just in a seperate spots both secured and be ok? You have to be able to transport guns and bullets otherwise how would you ever get them home from a LGS. I live within 10 minutes of Illinois and when I travel thru Ill I have to seprate my gun and bullets and store them until I get thru the state. Just something to think on.
    In NC (which is the state in question in the original post) there is no legal way to transport a firearm onto educational property for parents who are just picking up or dropping off children.
    North Carolina Concealed Handgun Permit Instructor
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  13. #28
    Member Array lokin4deer's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    In NC (which is the state in question in the original post) there is no legal way to transport a firearm onto educational property for parents who are just picking up or dropping off children.
    . Thanks for the clarification! Seems like it puts CC parents in a tough spot for sure.

  14. #29
    New Member Array jhabers's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    In NC (which is the state in question in the original post) there is no legal way to transport a firearm onto educational property for parents who are just picking up or dropping off children.
    Thanks for the replay. Does a daycare fall into the category of an "Educational Property"?

  15. #30
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    In NC (which is the state in question in the original post) there is no legal way to transport a firearm onto educational property for parents who are just picking up or dropping off children.
    Well, not exactly, if said parent in question is a law enforcement officer, probation officer, or someone from the DA's office who is authorized to carry a weapon, then said person can legally carry on educational property anywhere in the state. I know that doesn't help most people out, but as it stands now, those are the only people in NC who can legally carry on educational property.

    Quote Originally Posted by jhabers View Post
    Thanks for the replay. Does a daycare fall into the category of an "Educational Property"?
    That is the question isn't it? In my opinion (and it is worth what you paid for it), daycare centers generally do not qualify as educational property. I'm an LEO in NC, and I wouldn't feel comfortable trying to argue to a magistrate, the DA, or a judge that "Tiny Tots Daycare Center" was a school under the meaning of 14-269.2. However, if said daycare is in a school (that includes colleges and universities), run by a school, or owned by a school, then the prohibition likely would apply.

    As it stands now there is no legal way under NC law for most people to have weapons on educational property. Hopefully the combination of a republican governor and a republican legislature can make some headway on that (and other) NC gun related issues this coming year.
    -Landric

    "The Engine could still smile...it seemed to scare them" -Felix

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