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CC in North Carolina

3K views 18 replies 14 participants last post by  akhimark 
#1 ·
So I've had my concealed carry permit for about 2 weeks now. I'm a student, so I don't get to carry all that much, but I pretty much do whenever I leave the house if I'm not going to campus.

In North Carolina, you can't carry (open or concealed) in places that charge admission, such as movie theaters, or shows, etc. Well I had a question concerning Sam's Club. Obviously, you have to pay a yearly membership fee to shop at Sam's Club. Is this legally considered an "admission fee", which would preclude me from carrying? There are no signs on the door that say no weapons (which holds up as law in NC), and I'm not forking over cash at the door, so my understanding is that it is OK, but I want to be certain I understand the law completely.

I guess a similar situation would be golf courses and the like, as they have membership dues, but no admission fees. So, what say ye?

Kenny
 
#2 ·
Technically Sam’s charges a membership fee and not an admission fee so carry there is legal. The admission fee applies to such venues as theaters, theme parks and others where it is paid just to get in for a short time for entertainment.
 
#7 ·
The movie theater thing seems to actually depend on who you ask. After all, you don't have to pay to get into the building, you have to pay to watch the movie. If you just hang around in the lobby and the theater isn't posted, then you have not paid admission, and none is required for where you are.

I would not suggest to anyone that they carry inside a movie theater anywhere, but if one did, and actually managed to get charged, it would be an interesting defense.
 
#8 ·
What a weird law..... but glad to know it for when I go to North Carolina this summer. Any other strange things to watch out for in the laws there ?
 
#9 ·
From our DOJ website:

In North Carolina, concealed handguns may not be carried:

In law enforcement or correctional facilities such as a prison;
In financial institutions such as a bank;
In any space occupied by state or federal employees, including state and federal courthouses;
In schools or on school grounds;
In areas of assemblies, parades, funerals or demonstrations;
In any place where alcoholic beverages are sold and consumed [some fast food places serve alcohol here]
In any area where concealed handguns are prohibited by federal law
In any place of business that has posted a sign banning concealed weapons on its premises;
By any person while consuming alcohol or while under the influence of alcohol or any controlled substances (unless obtained legally and taken as directed by a physician).

To possess a concealed handgun in North Carolina, you must:
Carry your permit and a valid form of identification with you at all times.
Disclose the fact that you have a valid concealed handgun permit when you are approached or addressed by any law enforcement officer in North Carolina
Inform the officer that you are in possession of a concealed handgun.
Present both the permit and valid identification at the request of an officer
NOTE: You should not attempt to display either your weapon or your permit unless directed to by an officer.
 
#10 ·
For all the NC residents, you already know we have some strange gun laws, like not being able to carry at a funeral or parade. The majority of these laws have been on the books long before we had CC in NC. Please join Grass Roots of NC, or at least sign up for the FREE alerts. I just got a email this morning that some reps have taken up the Castle Doctrine fight for us again!!!! We need to support these folks and tell our reps how we feel while we can!! There are also a couple bills to eliminate this law about addmission and the stupid other ones. You will never hear about these on TV or read them in the paper, so please join Grass Roots of NC. Just google it, you will be glad you did. Or simply sit and do nothing and complain about our stupid gun laws, your choice.

NCH
 
#15 ·
It depends largely on where you are open-carrying as to how it is handled. It also depends on who called the cops on you.

Also remember - being arrested, being charged and being found guilty are 3 different things.

There are an awful lot of safety Nazis out there who will embellish their stories because they are "scared for the children". If someone sees you OCing, freaks out and calls the police hysterical you WILL probably be arrested - or at the very least detained in handcuffs until it gets sorted out. You will probably not be charged or found guilty in the end but I dare say in most metro areas of NC the police will error on the side of the hysterical citizen over the man OCing.

Remember - if your gun being OCed in a holster makes some idiot hysterical and they feel terrorized by it a case can be made against you because the law doesn't expressly define what constitutes "causing terror".

Maybe I am way off base with this but to be honest - I just see OCing as a way to bring all sorts of aggravation on yourself unless your state has laws specifically allowing it.
 
#18 ·
It depends largely on where you are open-carrying as to how it is handled. It also depends on who called the cops on you.

Also remember - being arrested, being charged and being found guilty are 3 different things.
Actually, they are not. Being arrested and being charged are basically the same thing in NC. Once you are arrested you have to be transported without unnecessary delay to the magistrate for the processing of the paperwork. Its possible for the magistrate to find no probable cause for the arrest, but in that case the charging officer can still issue a citation for the offense (provided its an infraction or misdemeanor). In reality though, I've seen a magistrate find no probable cause for arrest about three times in thirteen years. It simply doesn't happen.

In any event, "Going armed..." is a misdemeanor, and in the event that someone calls about it, unless the officer involves sees the action that is alleged to be "going armed..." it becomes a misdemeanor not committed in his presence, and that makes an arrest much harder to justify under NC laws of arrest.

There are an awful lot of safety Nazis out there who will embellish their stories because they are "scared for the children". If someone sees you OCing, freaks out and calls the police hysterical you WILL probably be arrested - or at the very least detained in handcuffs until it gets sorted out. You will probably not be charged or found guilty in the end but I dare say in most metro areas of NC the police will error on the side of the hysterical citizen over the man OCing.
You might well be detained, which is about what one should expect when someone else alleges you have committed a crime. However, once you are transported/moved from the location of detention you are under arrest. Simply being detained, even in handcuffs, does not necessarily mean an arrest is to follow.

Remember - if your gun being OCed in a holster makes some idiot hysterical and they feel terrorized by it a case can be made against you because the law doesn't expressly define what constitutes "causing terror".
Causing terror might not be, but intent is. The common law offense requires that one intend to cause terror, not that someone was terrorized. It can be charged in the absence of actual terror if the intent is clear, but the simple fact that someone was terrorized does not meet the requirements, there must be intent.

Maybe I am way off base with this but to be honest - I just see OCing as a way to bring all sorts of aggravation on yourself unless your state has laws specifically allowing it.
I've never had any interested in open carry myself, and my department's policy prohibits it off-duty in any case, but I feel that folks have the right to do so if they wish, and it would be nice if it were more common so folks would get use to it.
 
#17 ·
I live in a bedroom community in NC near many academic institutions. My discreet CCW instructor was non-committal about whether or not OC is a good idea. The do-gooders and for-the-children crowd are thick in my area, and OC would be a way for me to get a daily MWAG wood shampoo from the local Gestapo.

I live in a place that's always rated as one of the ten safest places in the US, and from the sound of sirens and emergency vehicles, you'd think I lived in Manhattan. I am not hatin' on my local PD, but those boys and girls do so love to hear their sirens. I usually bump into five cruisers parked in a local strip mall. I once asked two of the cops leaving their vehicle if someone nearby was having a sale on doughnuts.

I got the steely-eyed stare.
 
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