Question on NC CC Law

Question on NC CC Law

This is a discussion on Question on NC CC Law within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am a VA resident with a CWP. I will be in NC soon for a short visit. I know my permit is honored there ...

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Thread: Question on NC CC Law

  1. #1
    Member Array tomcatg's Avatar
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    Question on NC CC Law

    I am a VA resident with a CWP. I will be in NC soon for a short visit. I know my permit is honored there but I have a question about restaurants. IN VA I can't carry concealed in any restaurant that serves alcohol but I can open carry. What is the law if any in NC?


  2. #2
    VIP Member Array NC Bullseye's Avatar
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    For NC there is no carry either open or concealed in restaurants that serve alcohol. The VA tuck don't work here darn it!
    Last edited by NC Bullseye; May 22nd, 2009 at 12:53 PM. Reason: PS your avatar is disturbing on so many levels! LOL

  3. #3
    Member Array tomcatg's Avatar
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    He he I thought the picture of a normal cat with a sharks bite was a good visual representation of the average concealed carry person

    Stinks about restaurant carry, I don't drink but most of the good restaurants serve alcohol

  4. #4
    Distinguished Member Array Bunny's Avatar
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    You can't carry here in NC in any establishment where alcohol is both sold AND consumed. So depending on your restaurant...like McDonalds would be ok, but a regular restaurant probably would not be.

    What's the VA tuck?
    Don't frisk me, I am the weapon.


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  5. #5
    Member Array tomcatg's Avatar
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    Hi Bunny, I assume that he meant the manner in which some Virginians carrying concealed IWB will tuck their shirt in behind their gun to expose it so that it's not concealed while in the restaurant.

  6. #6
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by Bunny View Post
    You can't carry here in NC in any establishment where alcohol is both sold AND consumed. So depending on your restaurant...like McDonalds would be ok, but a regular restaurant probably would not be.

    What's the VA tuck?
    Well, for our neighbors next state up, they can't carry concealed in a restaurant that serves alcohol BUT if you tuck your cover garment behind your gun and hence convert to open carry vs concealed it's all good. (Hence, "The VA Tuck")

    For some reason, they permit open carry in restaurants that serve alcohol.

  7. #7
    VIP Member Array NC Bullseye's Avatar
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    Guess I'm a bit slow on the keyboard today. Yup, what tomcatg said.

    I'm preoccupied today since I had a one on one class cancel on me today.

  8. #8
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    Well, for our neighbors next state up, they can't carry concealed in a restaurant that serves alcohol BUT if you tuck your cover garment behind your gun and hence convert to open carry vs concealed it's all good. (Hence, "The VA Tuck")

    For some reason, they permit open carry in restaurants that serve alcohol.
    The reason is that before Virginia was a shall-issue state it was a discretionary state (unlike NC which had no legal CC for non-LEOs before shall issue became law in 1995). Under the old VA CC law there was no mention of carrying or not carrying in places that served alcohol, therefore it was legal. When the law was made shall issue in 1995, the section prohibiting CHP holders from carrying in places that serve alcohol was added. Incidentally it also changed the permit from a concealed weapon permit to a concealed handgun permit.

    The Virginia Code that addresses concealed weapons and permits for concealed handguns is all the same code section (18.2-308). It makes no mention of open carry at all, open carry in VA is not legal because the law says it is, its legal because there is no law about it one way or another. Since the code that addresses permits is the same code that addresses all concealed weapons, no mention is made at all of non-concealed weapons. No other VA code prohibits carrying in places that alcohol is served, hence open carry is legal.

    North Carolina actually has the same situation with banks. Concealed carry in banks is made illegal by statute, but it specifically says "concealed". No other NC statute makes any mention of not open carrying in banks, therefore, its legal.

    The NC statute that makes it illegal to carry where alcohol is served predates any sort of non-LEO legal concealed carry in NC and such prohibition has simply not been addressed by statute since the implementation of legal CC in NC.
    -Landric

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