NC OC where CC isn't allowed?

[funklab]

I haven't received my CC permit yet, but when I do I know NC has a boatload of places that you cannot carry concealed. Which of them can I carry openly in?

A restaurant that serves alcohol?

A public event (those of you in NC know the ones we aren't allowed to CC at)?

A bank? (okay, I am pretty sure that one's a no go)

Anybody know the answers to these questions or a place where I can find these answers?

[DefensiveCarry.com]

[NC Bullseye]

The answers are:

Restaurant that serves alcohol: No open or concealed.
At a parade, demonstration, funeral, picket line: No open or concealed.
Financial institutions: No concealed, open carry only if not posted with a no firearms sign.

You can start with NC general statute N.C.G.S. 14-415.11

Did you already take your CHP course and if so, weren't these covered for open and concealed carry in your class?

[chiefjason]

Openly in a bank, as stated. Some of them do not like it very much and may let you know. Some could care less.

You can OC if you are drinking. Skip the argument folks, it's not illegal in NC. But you can't carry where alcohol is sold and consumed. Basically, if you are at your buddies house I guess. It's limited in it's usefulness. And I don't recommend getting stumbling drunk and OC'ing either.

For NC they are pretty much the same, OC or CC. Most of the laws that prohibit weapons pre date CC anyway. And they were left intact when CC passed. The vast majority of firearms laws are in the 14 section of the NCGS's.

An argument can be made that the signs do not effect OC, as they are only mentioned in the CC scope of permit and the only legal sign has to mention CC. But all it takes is an employee in control of the property telling you to leave and you have to leave. You would get hit with a trespass charge if you refused. I try hard not to shop and businesses with no weapons signs. Knowing that it does not legally apply to OC does not change the fact that the business is anti carry and therefore does not need my money.

[msgt/ret]

You can OC if you are drinking. Skip the argument folks, it's not illegal in NC. But you can't carry where alcohol is sold and consumed. Basically, if you are at your buddies house I guess. It's limited in it's usefulness. And I don't recommend getting stumbling drunk and OC'ing either.

That info is somewhat incorrect.

It is unlawful for the permittee to carry a concealed handgun while consuming alcohol, or at any time while the permittee has remaining in his or her body, any alcohol, or a controlled substance previously consumed. However, a permittee does not violate this law if a controlled substance in his or her blood was lawfully obtained and taken in therapeutically appropriate amounts. N.C. Gen. Stat. § 14-415.11(c)

Any type of sign does have force of law in NC.

7. any premises, except state owned rest areas or stops along the highways, where
notice that carrying a concealed handgun is prohibited by the posting of a
conspicuous notice, or statement by the person in legal possession or control
of the premises.
N.C. Gen. Stat. § 14-415.11(c)

And when OC watch out for the "catch all"

6. Going Armed To The Terror Of The People
By common law in North Carolina, it is unlawful for a person to arm himself/herself with any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public highways in a manner to cause terror to others. The N.C. Supreme Court states that any gun is an unusual and dangerous weapon for purposes of this offense. Therefore, persons are cautioned as to the areas they frequent with firearms.

Here is the source document: http://www.ncsheriffs.org/images/200...Laws%20Pub.pdf

[chiefjason]

Where to start?

What is incorrect? I'm applying it to OC. Notice the words permittee and concealed in the law you posted. The burden is on you now. Find the NCGS that states you cannot have alcohol in your system while you OC.

Did you notice where the signage information comes from? In the CC Scope of Permit. Again, notice the phrase concealed handgun. If you are CC, then yes fully applicable with penalties. How does this apply to OC? Again, burden of proof is yours.

I'll see you GATTTOTP and raise you with State V Huntley. It's the NC Supreme Court case law on GATTTOTP.

But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.


STATE v. ROBERT S. HUNTLEY.


GATTTOTP is not even on my radar when I am OC'ing.

When NC rules out all firearms carry you will generally see the phrase "whether openly or concealed" in the law. I strongly suggest you go straight to the source for the best info. The NC General Statutes. I can tell you that several of the documents trying to put all the laws in one place have some flaws in their wording. Even the AG's document is suspect when held up to the actual law on a couple of accounts.

[shooter380]

very well said chiefjason, very well indeed

[SwatMedic338]

Question:

If I am CCing with an IWB and have to go into a bank, can I simply tuck my shirt into my pants thus exposing my gun or does it have to be outside my pants?

My CC class covered exactly ZERO when it came to OC other than scaring us with GATTOP.

[NC Bullseye]

Question:

If I am CCing with an IWB and have to go into a bank, can I simply tuck my shirt into my pants thus exposing my gun or does it have to be outside my pants?

My CC class covered exactly ZERO when it came to OC other than scaring us with GATTOP.

Carrying with an IWB holster with the grip exposed is a coin toss. It may be fine or it may look like you just didn't get it quite covered up. Depends on so many factors such as how much shows above the waist band and if the cover shirt does cover any part of the exposed grip.

If you do it that way be SURE that you shirt is well behind and flat against your body so the grip is best exposed.

Just be ready for the "OMG" if a sheep wakes up and notices.

Type of dress will dictate reactions too. Nicely dressed with button down or polo shirt and slacks will seldom get a second glance. Jeans and a tee or shorts and tee will more likely come under scrutiny.

Good luck!

[SwatMedic338]

Carrying with an IWB holster with the grip exposed is a coin toss. It may be fine or it may look like you just didn't get it quite covered up. Depends on so many factors such as how much shows above the waist band and if the cover shirt does cover any part of the exposed grip.

If you do it that way be SURE that you shirt is well behind and flat against your body so the grip is best exposed.

Just be ready for the "OMG" if a sheep wakes up and notices.

Type of dress will dictate reactions too. Nicely dressed with button down or polo shirt and slacks will seldom get a second glance. Jeans and a tee or shorts and tee will more likely come under scrutiny.

Good luck!

Thanks for the reply. I dont think Im going to push the issue and just store it in the trunk if I have to run into the bank.

[NC Bullseye]

Thanks for the reply. I dont think Im going to push the issue and just store it in the trunk if I have to run into the bank.

Good choice, that's what I teach in my classes. When in doubt, don't. It keeps the pucker factor way down.

[chiefjason]

Question:

If I am CCing with an IWB and have to go into a bank, can I simply tuck my shirt into my pants thus exposing my gun or does it have to be outside my pants?

My CC class covered exactly ZERO when it came to OC other than scaring us with GATTOP.

I tend to go all or nothing if I OC. OWB beltslide or Serpa. I don't do the IWB VA tuck. Like NCB said, might seem more like a mistake than an OC. I use the drive through and ATM as much as possible too.

[svgheartland]

I'm not an OC enthusiast to begin with. That said, I wouldn't take the chance with a bank. Should it initiate problems then the burden is on you. Lawyers, guns and money..... It's not worth it. Normally there are other ways to do your day to day business. And the "going in terror of the public" concern is perception, therefore can be applied loosely. I don't like those odds.

[G27owner]

I open carry almost daily but I never take chances when I walk into a bank and I most definitely never walk into a bar or any other place that sells alcohol with a gun on me. I simply lock it in my glove compartment. I'm still young and yes I go out and have my fun but that's no excuse to risk a gun crime.

I love my gun rights and I plan to keep them as long as possible haha.

It's like they say "Drink Responsibly"... only I say "Carry Responsibly"

[chiefjason]

I open carry almost daily but I never take chances when I walk into a bank and I most definitely never walk into a bar or any other place that sells alcohol with a gun on me. I simply lock it in my glove compartment. I'm still young and yes I go out and have my fun but that's no excuse to risk a gun crime.

I love my gun rights and I plan to keep them as long as possible haha.

It's like they say "Drink Responsibly"... only I say "Carry Responsibly"

Just to clarify, although the law says nothing about OC'ing with alcohol in your system, OC or CC in an establishment where alcohol is sold and consumed is still against the law. Like I said earlier it's limited in it's usefulness. Possible coming from an establishment, say in your car. Or at a friends house. Definitely not at a bar or restaurant.

[3D]

I haven't been able to get clarity about carrying firearms in a state park in NC - guess I just don't know where to look. If anyone could point me to a source document on this I would appreciate it.

My understanding about National Parks carry is that they follow the regulations of the state their in.

Ref: Guilford Courthouse National Military Park - Laws & Policies (U.S. National Park Service)