Opinions for NC legality

This is a discussion on Opinions for NC legality within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In NC it is unlawful to carry concealed into a public gathering where admission is charged. My question is what about drive ins? Where you ...

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Thread: Opinions for NC legality

  1. #1
    Member Array purpledragon's Avatar
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    Opinions for NC legality

    In NC it is unlawful to carry concealed into a public gathering where admission is charged. My question is what about drive ins? Where you are staying in your own vehicle and not really assembling with anyone. I am wondering if leaving it in the vehicle (locked up?)not carrying it would be legal. I am not so concerned about the actual drive in as the fact that it is almost an hour away along very rural roads and I will be driving with my kids by myself late at night. I would really like to be able to have my gun with me.
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  3. #2
    Member Array grandma4's Avatar
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    I didn't know they still had drive ins in NC wow. The following is posted as law about public gatherings and as you note, it has "such as a parade" after the public gathering. I would not call that a public gathering.

    1. any area prohibited by N.C.G.S. 14-269.3, 14-269.4, 14-277.2, or 120-
    32.1. (school grounds, areas where alcohol is sold and consumed, state
    property, legislative buildings, and public gatherings, such as parades);

    Certainly you are not in public when in your own vehicle parked in a parking space.
    2 Chronicles 7:14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

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    VIP Member Array automatic slim's Avatar
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    You are actually covering two separate aspects here, carrying in your car while on public roads and carrying in your car in a drive in which is private property. I personally don't believe that the public gathering law would apply at the drive in as it technically is not a public gathering such as a political rally or demonstration.
    What is the Drive in's policy regarding weapons? My bet is they don't allow them. Then you have to ask yourself, when is the last time the police showed up at a drive in to search cars for guns?
    Some states like mine have "extended dominion" laws. Your car is considered an extension of your home. I can carry concealed in my car without a permit and go anywhere in my car armed, as long as the weapon remains in the car. What is NC's stance on extended dominion?
    Also remember that the police can only search your vehicle if, a)you're under arrest, b)you give your consent and c)they have a warrant.
    If I were in your shoes I would carry. If you have to go to the bathroom or snack bar, leave the gun in the car.
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  5. #4
    Member Array purpledragon's Avatar
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    The drive in is not posted, I have been there before several times before I had my CHL., but once while waiting for it so I checked.

    Don't know what part of NC you're in but there are 2 drive ins in our area- one in Belmont- not sure if that one is posted as I only went once several years ago.

    And one in Albemarle- badinroaddrivein.com
    This one is nicer and the one we go to.
    NRA, GOA, GRNC member
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    Found this on Handgunlaws.us:

    14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

    (a)It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
    Unfortunately that appears to prohibit it. Not telling you what to do,, but I know what I would do.

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    Member Array rhrocket22's Avatar
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    Assembly :A group of persons gathered together for a common reason, as for a legislative, religious, educational, or social purpose.

    I would think the drive-in falls into this category. Maybe look into this legally, it could lead to problems for you...Good Luck.

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    VIP Member Array Dal1Celt's Avatar
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    I think that it is a question for your counties sheriff's office.
    "Without fear there can be no Courage!"

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    VIP Member Array NC Bullseye's Avatar
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    Posted or not it is still not legal to conceal carry in a drive in that charges admission.

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    Member Array Defensor's Avatar
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    I agree with Bullseye. That is the biggest damper to dinner and a movie night with the lady. Most places to eat serve alcohol, so no carry there, and the theater charges admission, so no carry there.
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    Distinguished Member Array Bunny's Avatar
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    If they charge you a ticket to see the movie, I'm told that's "admission" and therefore no firearms allowed.

    :(


    HOLY COW, THERE'S A DRIVE-IN IN BELMONT??? Where?? I've been looking for one for YEARS! You totally just made my week, Purpledragon! Thank you!
    Don't frisk me, I am the weapon.


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    Member Array NCConcealed's Avatar
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    2 Questions

    Anyone else heard that NC might make it legal to carry concealed in an establishment that serves alcohol (Restaurant type places not bars) as long as you are not partaking.

    I just drove up to target tonight and they had a sign posted in the parking lot that said no weapons, in a different entrance there was no sign, nothing on the door either. Can you carry inside or not??

  13. #12
    Member Array purpledragon's Avatar
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    Belmont drive in



    314 Mcadenville Rd
    Belmont, NC 28012-2424
    (704) 825-6044
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    "Both the oligarch and tyrant mistrust the people, and therefore deprive them of arms."
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  14. #13
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by NCConcealed View Post
    2 Questions

    Anyone else heard that NC might make it legal to carry concealed in an establishment that serves alcohol (Restaurant type places not bars) as long as you are not partaking.

    I just drove up to target tonight and they had a sign posted in the parking lot that said no weapons, in a different entrance there was no sign, nothing on the door either. Can you carry inside or not??
    As to the carry in restaurants that serve alcohol, that bill is currently dying in a committee for this session.

    As to Target, if the sign is conspicuous, then you can not carry. Since you saw it, I'd say it's a no carry area. If you get a chance, post a pic of the sign and detail the location. I've never seen a Target posted.

  15. #14
    Member Array hardlivin's Avatar
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    That is definitely a gray area. Yea, they charged you admission but you will not leave your car while carrying. Just like going to the theater and leaving the weapon in your car, which is completely legal. Difference is your car is the theater seat.

    I have always had good luck contacting the AG for questions like these. The resounding answer I get many times is "It's up to the officer's discretion as to whether to arrest/cite your or not".

  16. #15
    VIP Member Array Dal1Celt's Avatar
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    Quote Originally Posted by NCConcealed View Post
    2 Questions

    Anyone else heard that NC might make it legal to carry concealed in an establishment that serves alcohol (Restaurant type places not bars) as long as you are not partaking.

    I just drove up to target tonight and they had a sign posted in the parking lot that said no weapons, in a different entrance there was no sign, nothing on the door either. Can you carry inside or not??
    The Target in Fayetteville has two signs posted in the parking lot, but nothing on the doors. It took me a few times till I finally saw the signs, found one (accidentally) then drove around and found the other.

    I just take my business else where, my wife still shops there, but I refrain from going there.
    "Without fear there can be no Courage!"

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