State, County & City park carry in NC

State, County & City park carry in NC

This is a discussion on State, County & City park carry in NC within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in New Hanover County in NC and recently called the Sheriffs Dept, told them I have a CC permint issued by them and ...

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Thread: State, County & City park carry in NC

  1. #1
    Member Array maddy345's Avatar
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    State, County & City park carry in NC

    I live in New Hanover County in NC and recently called the Sheriffs Dept, told them I have a CC permint issued by them and asked if I could carry in any of the city, state and county parks. The deputy told me no but mentioned he had heard that you can now carry in the National Parks.

    I have not been able to find anything saying you can carry in local parks or anything saying it is prohibited.

    Can anyone here help me out?


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    VIP Member Array shooterX's Avatar
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    From Handgunlaw.us

    Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas
    Carry Allowed in these Areas:
    State Parks: NO 15A NCAC 12B .0901
    State/National Forests: NO
    WMA’s: NO
    Road Side Rest Areas: YES 14-269.4

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    Senior Member Array digitalexplr's Avatar
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    The National Park Carry will not go into effect until Feb 2010.

    On the local carry issue, try Handgunlaw.us.
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    Cool

    The national parks carry bill was slipped into the new credit card policy bill and the whole bill goes into effect Feb 2010.

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    If the State forbids CC in a State Park, you will not be allowed to carry in that state's National Park.
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    ACNT!!!!

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    As per NC General Statutes section 14‑415.23, for the purpose of statewide uniformity, local governments (counties, cities, towns, etc) may not regulate legally carrying a concealed handgun. However, they may adopt ordinances to "permit the posting of a prohibition against carrying a concealed handgun ... on local government buildings, their appurtenant premises, and parks."

    So, if it's not posted, you can legally carry in a city or county park, but from what I've seen, many (most? all?) local governments jumped on the fearwagon as soon as NC adopted CC permit law and passed ordinances to post such prohibitions.

    According to 15A NCAC 12B .0901, state parks are a no.

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    Member Array JungleJim's Avatar
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    Sounds like N.C. gun owners have some work to do

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    Quote Originally Posted by maddy345 View Post
    I live in New Hanover County in NC and recently called the Sheriffs Dept, told them I have a CC permint issued by them and asked if I could carry in any of the city, state and county parks. The deputy told me no but mentioned he had heard that you can now carry in the National Parks.

    I have not been able to find anything saying you can carry in local parks or anything saying it is prohibited.

    Can anyone here help me out?
    While CC in Federal Parks passed, it is my understanding that it is still tied to the state. If the state does not allow carry in State Parks, you will not be able to carry in Federal Parks. I may be mistaken, but that is my understanding of the amendment that passed.

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    Member Array tflhndn's Avatar
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    I am trying to find the exact wording, but from what I have seen before, the tie to state law was the original change in regulations under the Bush administration.

    From what I saw before, the new law makes no link to carry in state parks, instead it only refers to being able to legally carry in the neighboring state.

  11. #11
    Member Array tflhndn's Avatar
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    UPDATE:


    The actual test of the federal law that applies is: (complete text of bill can be found here (scroll to section 512)
    (GovTrack: H.R. 627: Text of Legislation, Enrolled Bill)

    (2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
    Since the federal law does not link carry in federal parks with the state law on carry in state parks, only in accordance with state law, concealed carry with a permit, and open carry by anyone legally in posession of the firearm, should be legal in Feb. 2010 for us.

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    Deb
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    Quote Originally Posted by JungleJim View Post
    Sounds like N.C. gun owners have some work to do
    NC carry laws are a joke. You can't carry in city or county parks or forests, restaurants, public gatherings, any paid events and the usual Federal building/property stuff.

    You can carry in our rest area's though, so there ya go. Great state for 2A. All the hundreds of emails and letters I send out are taken seriously by our representatives though, so things will change soon.

    Oh wait. The restaurant with liquor licenses carry just died on the committee floor this month. Oops. They forgot to move it forward for a vote. Hope ya like McDonald's.

    Color me torqued.
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    Ex Member Array MadMac's Avatar
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    I live in a bedroom community in Wake County, and they were really quick to post up all the local parks with No Guns signage. There is a nice little park near us that has nearly three miles of wooded trails winding around a little lake. There is no way for the police to repsond with an kind of alacrity.

    In this park, two women were assaulted last month by some creep tucked way back into the woods waiting for them to walk by. I told my wife we're simply ignoring the sign from now on. Here's one place having your ccw makes prudent sense, but the unicorn-and-rainbow legislators think posting a sign will keep everyone "safe". Sheesh.

  14. #14
    Member Array NCRonB's Avatar
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    Quote Originally Posted by MadMac View Post
    I told my wife we're simply ignoring the sign from now on.
    This reminds me of one example (of many) where NC CC law irritates me. The law states that a CHP does not permit one to carry a concealed handgun where "notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement". There's no definition of conspicuous or what counts as a notice. It does not say you can post a notice prohibiting "weapons" or "guns" in general.

    A little sign with a gun and red line through it says nothing to me about "concealed handguns". Even a sign that spells out "no guns", "no weapons", or even "no concealed weapons" is not the notice that the statute specifies. It specifically says "concealed handguns".

    In a letter dated September 26, 1995 (shortly before NC CC law became effective) to county managers and attorneys, an Assistant General Counsel for the NC Assoc. for County Commissioners stated:

    "The statute does not authorize counties to pass an ordinance that prohibits carrying or possessing all weapons, concealed or otherwise. Counties may or may not be able to enforce such blanket prohibitions ... and in order to make it unlawful for persons to carry concealed handguns on county property, counties must pass an ordinance and post notices that specifically prohibit concealed handguns. General prohibitions are not sufficient."

    Note that counties/cities/towns must post signs in accordance with the same statute that allows anyone to post a sign prohibiting carrying a concealed handgun, so that quote leads me to believe all these general gun/weapon prohibition signs, without specific reference to concealed handguns, are not sufficient to make concealed carry illegal. That said, I appreciate the intent of these signs and choose to take my business elsewhere anyway; I'm not prepared to argue my point in court.

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