NC State and its CCH laws - Page 2

NC State and its CCH laws

This is a discussion on NC State and its CCH laws within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Yeah, I would not want to deliberately advise someone to go against the law... not a good thing. As far as the kids at school, ...

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Thread: NC State and its CCH laws

  1. #16
    Member Array grandma4's Avatar
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    Angry


    Yeah, I would not want to deliberately advise someone to go against the law... not a good thing.

    As far as the kids at school, I could be called at anytime to go to the school to pick them up. I travel for a living so that would mean never being able to carry since I am coming from work anytime I am called to pick them up. Only option I see would have me stopping my car, put my gun in a ditch somewhere, picking them up and then going to retrieve my weapon. I am watching the bill to allow on school property. Hoping it will pass and we will be done with it. Living in a county where the guns are displayed in the back of every pick up around, you see them picking up the kids all the time. If we ever have feds show up to our county schools they will be arresting 95 percent of the parents at the school. :( :( :( :(


  2. #17
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by grandma4 View Post

    Yeah, I would not want to deliberately advise someone to go against the law... not a good thing.

    As far as the kids at school, I could be called at anytime to go to the school to pick them up. I travel for a living so that would mean never being able to carry since I am coming from work anytime I am called to pick them up. Only option I see would have me stopping my car, put my gun in a ditch somewhere, picking them up and then going to retrieve my weapon. I am watching the bill to allow on school property. Hoping it will pass and we will be done with it. Living in a county where the guns are displayed in the back of every pick up around, you see them picking up the kids all the time. If we ever have feds show up to our county schools they will be arresting 95 percent of the parents at the school. :( :( :( :(
    As much as it's a pain in the rear, the few times I've had to go onto school grounds unscheduled I've parked off campus and locked things up. Not the best by far but it does cover my bases. One day I hope we have CHP laws like the grown up kids.

  3. #18
    Member Array tmizzi's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    As much as it's a pain in the rear, the few times I've had to go onto school grounds unscheduled I've parked off campus and locked things up. Not the best by far but it does cover my bases. One day I hope we have CHP laws like the grown up kids.
    NC Bullseye .. help me with this as I have been rereading the NC gun laws for the last two hours on this very topic and I can not find a way around it. I don't understand your comment "I've parked off campus and locked things up". Do you mean you secure your gun somewhere in your vehicle so it is not concealed on your person? The best I can tell from the NC regs is that it doesn't matter. In your car or on your person, open or concealed, it is a misdemeonor for any person to carry any firearm of any kind on educational property. I assume that extends to your car as well.

    Anyway, sorry all for joining the party late on this thread but school is right around the corner and my 2nd grader expects to be dropped off at school in the morning.

    Until laws are changed in NC I do not see a way to drop off my child at school, even without ever leaving my car, and being in compliance with the law. I guess I can park on the public street around 50 yards from the schools front door, lock my weapon in the vehicle, and walk him over.

    If anyone knows of something obvious I am missing in the NC law please let me know. I do not want to base my actions on what some sheriff or LEO says will be OK. If it's not in the regs or in case law it doesn't exist.

  4. #19
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by tmizzi View Post
    NC Bullseye .. help me with this as I have been rereading the NC gun laws for the last two hours on this very topic and I can not find a way around it. I don't understand your comment "I've parked off campus and locked things up". Do you mean you secure your gun somewhere in your vehicle so it is not concealed on your person? The best I can tell from the NC regs is that it doesn't matter. In your car or on your person, open or concealed, it is a misdemeonor for any person to carry any firearm of any kind on educational property. I assume that extends to your car as well.

    Anyway, sorry all for joining the party late on this thread but school is right around the corner and my 2nd grader expects to be dropped off at school in the morning.

    Until laws are changed in NC I do not see a way to drop off my child at school, even without ever leaving my car, and being in compliance with the law. I guess I can park on the public street around 50 yards from the schools front door, lock my weapon in the vehicle, and walk him over.

    If anyone knows of something obvious I am missing in the NC law please let me know. I do not want to base my actions on what some sheriff or LEO says will be OK. If it's not in the regs or in case law it doesn't exist.

    Note the bold underlined above.

    Yup, I left the car off campus with handgun locked in a lock box and walked to the school. For now, that's the only legal way to do it. (at least until we get some legislators that develop a spine)

    Also remember that 2nd graders talk like there's no tomorrow. (read preview of teenager) If asked why mommy or daddy park so far away you KNOW there's a better than even money chance that the word "gun" will come into play. That's just kids so you may want to secure it there for the trip to the school and then rearm yourself after the school stop.

    Best of luck and thanks for caring!

  5. #20
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by tmizzi View Post
    NC Bullseye .. help me with this as I have been rereading the NC gun laws for the last two hours on this very topic and I can not find a way around it. I don't understand your comment "I've parked off campus and locked things up". Do you mean you secure your gun somewhere in your vehicle so it is not concealed on your person? The best I can tell from the NC regs is that it doesn't matter. In your car or on your person, open or concealed, it is a misdemeonor for any person to carry any firearm of any kind on educational property. I assume that extends to your car as well.
    Actually, in most cases its a felony, not a misdemeanor. If the weapon is unloaded and locked in the locked container or gun rack of a motor vehicle then its a misdemeanor, provided the person who possess/brings the weapon onto the property is not a student or employee, see statute below.

    Basically, there is no legal way to bring a firearm onto school property unless one is exempted under the list of folks who are allowed to do so. Unfortunately CHP holders are not on that list.

    14‑269.2. Weapons on campus or other educational property.

    (a) The following definitions apply to this section:

    (1) 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.

    (1a) Employee. A person employed by a local board of education or school whether the person is an adult or a minor.

    (1b) School. A public or private school, community college, college, or university.

    (2) Student. A person enrolled in a school or a person who has been suspended or expelled within the last five years from a school, whether the person is an adult or a minor.

    (3) Switchblade knife. A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.

    (4) Weapon. Any device enumerated in subsection (b), (b1), or (d) of this section.

    (b) It shall be 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. Unless the conduct is covered under some other provision of law providing greater punishment, any person who willfully discharges a firearm of any kind on educational property is guilty of a Class F felony. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

    (b1) It shall be a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1, on educational property or to a curricular or extracurricular activity sponsored by a school. This subsection shall not apply to fireworks.

    (c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

    (c1) It shall be a Class G felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1 on educational property. This subsection shall not apply to fireworks.

    (d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

    (e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

    (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.


    (g) This section shall not apply to any of the following:

    (1) A weapon used solely for educational or school‑sanctioned ceremonial purposes, or used in a school‑approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.

    (1a) A person exempted by the provisions of G.S. 14‑269(b).

    (2) Firefighters, emergency service personnel, and North Carolina Forest Service personnel, and any private police employed by a school, when acting in the discharge of their official duties.

    (3) Home schools as defined in G.S. 115C‑563(a).

    (4) Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.

    (5) A person registered under Chapter 74C of the General Statutes as an armed armored car service guard or an armed courier service guard when acting in the discharge of the guard's duties and with the permission of the college or university.

    (6) A person registered under Chapter 74C of the General Statutes as an armed security guard while on the premises of a hospital or health care facility located on educational property when acting in the discharge of the guard's duties with the permission of the college or university.

    (h) No person shall be guilty of a criminal violation of this section with regard to the possession or carrying of a weapon so long as both of the following apply:

    (1) The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.

    (2) The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities. (1971, c. 241, ss. 1, 2; c. 1224; 1991, c. 622, s. 1; 1993, c. 539, s. 164; c. 558, s. 1; 1994, Ex. Sess., c. 14, s. 4(a), (b); 1995, c. 49, s. 1; 1997‑238, s. 2; 1999‑211, s. 1; 1999‑257, s. 3, 3.1; 2003‑217, s. 1; 2004‑198, ss. 1, 2, 3; 2006‑264, s. 31; 2007‑427, s. 6; 2007‑511, s. 12.)
    -Landric

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

  6. #21
    Member Array NC Buckeye's Avatar
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    Quote Originally Posted by grandma4 View Post
    I live in NC and so far havn't seen too many instances where I have to leave it in the car. Mostly when I pick up my grandkids from school. I did call our sheriff's office about that as when I pick them up most of the time i'm in the car just pulling up at the loading area and they climb in. I was told that in that situation I would not be in trouble with them as long as the gun was locked up and out of arms length. Now in a city or another part of the state that may not be the case. We live in a rural community where everyone kinda knows everybody else . Of course if I go inside, it's locked in the back of my suv, which they also said, would be ok witht them.

    Events Occurring in Public: It shall be unlawful for any person participating in, affiliated with, or
    present as a spectator at any parade, funeral procession, picket line, or demonstration upon any
    private health care facility or upon any public place owned or under the control of the State or any ofits political subdivisions to willfully or intentionally possess or have immediate access to any
    dangerous weapon. 14-277.2


    Now as far as the funeral home? it's not a possession, that's like threading on the thin line I guess.
    And a Hospital is not a "demonstration upon any private health care facility"

  7. #22
    Member Array tmizzi's Avatar
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    Quote Originally Posted by Landric View Post
    Actually, in most cases its a felony, not a misdemeanor. If the weapon is unloaded and locked in the locked container or gun rack of a motor vehicle then its a misdemeanor, provided the person who possess/brings the weapon onto the property is not a student or employee, see statute below.

    Basically, there is no legal way to bring a firearm onto school property unless one is exempted under the list of folks who are allowed to do so. Unfortunately CHP holders are not on that list.

    I was speaking to section F1 where the law states it is a misdemeanor if you are not a student. As I am droping off my second grader I would not be a student.

    Section Referenced:
    (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

  8. #23
    Member Array tmizzi's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    Note the bold underlined above.

    Yup, I left the car off campus with handgun locked in a lock box and walked to the school. For now, that's the only legal way to do it. (at least until we get some legislators that develop a spine)

    Also remember that 2nd graders talk like there's no tomorrow. (read preview of teenager) If asked why mommy or daddy park so far away you KNOW there's a better than even money chance that the word "gun" will come into play. That's just kids so you may want to secure it there for the trip to the school and then rearm yourself after the school stop.

    Best of luck and thanks for caring!
    Dang. Spent so much time looking for an exception in the NC law I totally missed the "off campus" in your thread comment. Thanks for clarifying.

  9. #24
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by tmizzi View Post
    I was speaking to section F1 where the law states it is a misdemeanor if you are not a student. As I am droping off my second grader I would not be a student.

    Section Referenced:
    (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
    Provided the weapon is also in a locked container or gun rack and unloaded. If its loaded or not in a locked container or gun rack, its still a felony whether one is a student, employee, or neither.
    -Landric

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

  10. #25
    Member Array tmizzi's Avatar
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    Agreed. That is how I read it as well.

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