Going to NC, TN on vacation any heads up?

This is a discussion on Going to NC, TN on vacation any heads up? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm headed to NC, TN on vacation next week. We will be staying in Sapphire valley in NC, but we will be making a trip ...

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Thread: Going to NC, TN on vacation any heads up?

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    VIP Member Array cdwolf's Avatar
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    Going to NC, TN on vacation any heads up?

    I'm headed to NC, TN on vacation next week. We will be staying in Sapphire valley in NC, but we will be making a trip through the hills of TN. Is there any thing I need to look out for?
    Thanks in advance
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    Member Array ncffp163's Avatar
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    cdwolf,

    Welcome to NC when you get here!! Here is a link for reciprocity for NC and it has the rules about carrying in NC. Hope this helps.

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    Member Array Evil Drew M's Avatar
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    Familiarize yourself with THIS. Page 16 has the relevant "Where you cannot carry" info.

    The BIG ones for you being on vacation will be:

    - Anyplace where alcohol is bought and consumed (Restaurants ARE off limits if they sell alcohol)

    - Anyplace that admission is charged (A movie theatre could fall under this)

    - STATE parks (Hatteras for example is almost entirely state park)

    - You MUST notify LEO if pulled over

    Here is a bigger list:
    Schools, school grounds or campus, school bus. NCGS 14-269.2; 18 USC 922.
    Assemblies of people where a fee was charged for admission. NCGS 14-269.3
    Places where alcoholic beverages are sold and consumed. NCGS 14-269.3.
    Courthouses. NCGS 14-269.4.
    The State Capitol. NCGS 14-269.4.
    The Governor’s official homes. NCGS 14-269.4.
    Parades. NCGS 14-277.2.
    Funeral processions. NCGS 14-277.2.
    Picket lines. NCGS 14-277.2.
    Demonstrations at private health care facilities. NCGS 14-277.2.
    Any public place owned by a governmental unit. NCGS 14-277.2.
    Any place (except one’s premises) where a state of emergency exists. NCGS 14-288.7.
    Any place (except one’s premises) at or near where a riot is occurring. NCGS 14-288.7.
    State legislative buildings and grounds. NCGS 120-32.1.
    Any place prohibited by federal law. NCGS 14-415.11.
    Law enforcement facilities. NCGS 14-415.11.
    Correctional facilities (jails, prisons). NCGS 14-415.11.
    Buildings housing only State or federal offices. NCGS 14-415.11.
    State or federal government offices. NCGS 14-415.11.
    Financial institutions (banks, etc.). NCGS 14-415.11.
    Premises with a notice posted prohibiting concealed weapons. NCGS 14-415.11.
    Anywhere a firearms carrier is consuming alcohol. NCGS 14-415.11.
    Anywhere a firearms carrier has alcohol remaining in his blood. NCGS 14-415.11.
    Anywhere a firearms carrier has a controlled substance in his blood. NCGS 14-415.11.
    Anywhere a firearms carrier does not have his permit on him. NCGS 14-415.11.
    Anywhere a firearms carrier does not have identification on him. NCGS 14-415.11.
    Anytime someone is barred by a court order from carrying firearms. NCGS 14-269.8.
    Anyone carrying a concealed firearm when that person has a concealed carry permit from a State without reciprocity with North Carolina. NCGS 14-415.24.

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    Member Array Ticman's Avatar
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    Quote Originally Posted by cdwolf View Post
    I'm headed to NC, TN on vacation next week. We will be staying in Sapphire valley in NC, but we will be making a trip through the hills of TN. Is there any thing I need to look out for?
    Thanks in advance

    Here's maybe the best site for carrying information.

    Handgunlaw.us

    You can click on the state and it will give you a brief summary of carry laws. For instance resturant carry where they serve alcohol is NO in North Carolina and YES in Tennessee.

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    Quote Originally Posted by Ticman View Post
    Here's maybe the best site for carrying information.

    Handgunlaw.us

    You can click on the state and it will give you a brief summary of carry laws. For instance resturant carry where they serve alcohol is NO in North Carolina and YES in Tennessee.
    Not so. Tennessee is a DEFINITE NO for carry in any location where liquor, wine, or beer is sold for consumption on the premises! We have bills pending in the legislature, but they are not yet passed into law.

    Tennessee Code Annotated 39-17-1305. Possession of firearm where alcoholic beverages are served. —
    (a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption.
    (b) A violation of this section is a Class A misdemeanor.
    (c) The provisions of subsection (a) shall not apply to a person who is:
    (1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; or
    (2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

    [Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1.]
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    Member Array Evil Drew M's Avatar
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    Quote Originally Posted by falcon1 View Post
    Not so. Tennessee is a DEFINITE NO for carry in any location where liquor, wine, or beer is sold for consumption on the premises! We have bills pending in the legislature, but they are not yet passed into law.
    NC is the same way on both counts. We'll see if the bills pass.

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    I was going to say watch out for Interstate 40 and speed traps... They love them some speed traps in the mountains

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    Member Array belltoller's Avatar
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    Quote Originally Posted by Evil Drew M View Post
    NC is the same way on both counts. We'll see if the bills pass.
    I believe you can carry in a restaurant that serves alcohol as long as it's not the bar part. It's a gray area that my cc instructor (a police officer) told us about.
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    Member Array Evil Drew M's Avatar
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    Quote Originally Posted by belltoller View Post
    I believe you can carry in a restaurant that serves alcohol as long as it's not the bar part. It's a gray area that my cc instructor (a police officer) told us about.
    That is a big negative Ghost Rider. There is nothing "gray" about it.

    The law DOES NOT make a distinction between bars and restaurants. All it says is "where alcohol is being bought and consumed". Restaurants that serve alcohol fall under this statement. Though the intent of the law may not have been to prevent carry in restaurants doing so is 100% illegal if the restaurant serves alcoholic beverages.

    Don't believe me? Look up the bill "H 270" that is currently in the NC House of Representatives. Here is the gist of it:

    H 270: 'Personal Protection in Restaurants'
    Introduced by Reps. Hilton, Steen, Burr and Cleveland, H 270 closes a loophole in North Carolina's concealed handgun law under which permit-holders are prohibited from protecting themselves and their families in restaurants which serve alcohol. Although gun control advocates will probably try to assert otherwise, nothing in the bill changes the current prohibition on consuming alcohol while carrying firearms.
    Also look up S 235 which is the same bill - just in the NC Senate currently.

    If we were allowed to carry in restaurants then these bills wouldn't be necessary.

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    Member Array belltoller's Avatar
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    Quote Originally Posted by Evil Drew M View Post
    That is a big negative Ghost Rider. There is nothing "gray" about it.

    The law DOES NOT make a distinction between bars and restaurants. All it says is "where alcohol is being bought and consumed". Restaurants that serve alcohol fall under this statement. Though the intent of the law may not have been to prevent carry in restaurants doing so is 100% illegal if the restaurant serves alcoholic beverages.

    Don't believe me? Look up the bill "H 270" that is currently in the NC House of Representatives. Here is the gist of it:
    This is where case law would come into play. I don't currently have access to a Westlaw account or I would do the research myself. I should have access soon, and I will definitely let people know what I find. If you have case law, I'd like to see it.
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    VIP Member Array cdwolf's Avatar
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    Thanks guys, I need to do some reading.
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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    Member Array Evil Drew M's Avatar
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    Quote Originally Posted by belltoller View Post
    If you have case law, I'd like to see it.
    You don't need case law.

    How could you possibly think that a restaurant that serves alcohol would be a legal place to carry a concealed weapon in NC? What in the law makes you think that?

    There is no case law that needs to be studied. It is cut & dry. A restaurant that serves alcohol 100% absolutely falls under the heading of "any establishment in which alcoholic beverages are sold and consumed" and under NCGS 14-269.3 it is illegal to carry a gun there UNLESS you are on the exemption list provided in the General Statutes.

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    Vacation in the NC and TN area? I assume you will be in the Smokey Mountain area? If so you will probably be going through Cherokee (if you like to gamble, they got one of those Harrah's Casinos).

    Then drive across the mountains into Gatlinburg and do the walk up and down the main street and browse through all the souvenir stores.

    Then drive over to Pigeon Forge and take in a show at the Dixie Stampede or one of the other music venues and shop a lot at one of the dozens of outlet malls/stores in town. Be sure and visit the Bass Pro Shop where I-40 passes near Sevierville.

    And don't forget to pack through the Great Smokey Mountain National Park if you have a permit that's honored by NC or TN.

    Have a great time and spend a lot of money on the Tennessee side as we are hurting for money in Nashville.
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    VIP Member Array cdwolf's Avatar
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    Quote Originally Posted by waynesan View Post
    Vacation in the NC and TN area? I assume you will be in the Smokey Mountain area? If so you will probably be going through Cherokee (if you like to gamble, they got one of those Harrah's Casinos).

    Then drive across the mountains into Gatlinburg and do the walk up and down the main street and browse through all the souvenir stores.

    Then drive over to Pigeon Forge and take in a show at the Dixie Stampede or one of the other music venues and shop a lot at one of the dozens of outlet malls/stores in town. Be sure and visit the Bass Pro Shop where I-40 passes near Sevierville.

    And don't forget to pack through the Great Smokey Mountain National Park if you have a permit that's honored by NC or TN.

    Have a great time and spend a lot of money on the Tennessee side as we are hurting for money in Nashville.
    We will be all over SMNP and taking a trip to Gatlinburg, NC and TN honors my MS permit. I can say there are more restrictions then in MS so i will need to pay extra attention in a few places.
    I don't like the restaurant law.
    Thanks for the input guys, I need to get away!!
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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