Open Carry in NC?

Open Carry in NC?

This is a discussion on Open Carry in NC? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; After reading posts on other treads, I have noticed that people are OC'ing in NC. I guess I didnt realize it was legal. Is this ...

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Thread: Open Carry in NC?

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    Member Array T45's Avatar
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    Open Carry in NC?

    After reading posts on other treads, I have noticed that people are OC'ing in NC. I guess I didnt realize it was legal. Is this state wide or is it localized in particular cities or counties? Do you get stopped by local LEO's much?


  2. #2
    Member Array Thetoulman's Avatar
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    It is statewide.

    Lots of info here.
    North Carolina

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    VIP Member Array NC Bullseye's Avatar
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    Open carry is legal in NC, there are a few cities that don't allow it on public property but for the most part, it's legal. As to the LEO being interested, good chance of at least a look. Depending on the officer, you may get questioned or more. Just be versed in the law and if you open carry remember you are representing all gun owners and conduct yourself in a good manor and you'd be surprised how well it's accepted.
    Spidey2011 and Hulley like this.

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    VIP Member Array chiefjason's Avatar
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    The only problem I have had OC'ing around Hickory was with a store Asst. Mgr. Took a while but got that straightened out. I've OC'd around several LEO's without an issue. You need to do the research and know the law. Most folks have no idea it's legal. I 2nd checking out the above link too. One thing to keep in mind is that if you are asked to leave a store, your best best to leave and contact management to settle the issue. You may be legally carrying, but if you refuse to leave you are trespassing. If you only OC in the areas you can CC you are legal. There are a couple specific places and times you can OC but not CC. But currently there is nowhere you can CC but not OC. If you are interested in case law, here are a couple.

    STATE v. KERNER. (No. 345.)

    STATE v. L. R. SPELLER.

    STATE v. ROBERT S. HUNTLEY.


    Any questions just ask.
    I prefer to live dangerously free than safely caged!

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    Member Array shooter380's Avatar
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    Chiefjason,

    Your infomative replys are always appreciated. Where an when is it OK to OC but not CC. Thanks

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    "Where an when is it OK to OC but not CC."

    OP, not to be critical or imply anyone who replies isn't knowledgeable of the law, but forums are good for general information (usually a great source), often not so good for specifc legal issues. You are asking for specifics, and my experience is that many think they know the specifics of the law and often misquote or mis-interpret statutes.

    If you have specific questions regarding NC state law, your best bet is to research the statutes yourself. That way you'll have the correct information straight from the horses mouth, so to speak. If something arises, you're not left hanging out in the wind saying, "Well, someone told me...." You'll know exactly what the law in your state, county, city, etc. says.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by shooter380 View Post
    Chiefjason,

    Your infomative replys are always appreciated. Where an when is it OK to OC but not CC. Thanks
    Well, I'm not chiefjason (I have been known to be in the same vicinity occasionally) but I can tell you one place you can open carry in NC that you can not CC is in a financial institution that isn't posted.

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    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by OldVet View Post
    "Where an when is it OK to OC but not CC."

    OP, not to be critical or imply anyone who replies isn't knowledgeable of the law, but forums are good for general information (usually a great source), often not so good for specifc legal issues. You are asking for specifics, and my experience is that many think they know the specifics of the law and often misquote or mis-interpret statutes.

    If you have specific questions regarding NC state law, your best bet is to research the statutes yourself. That way you'll have the correct information straight from the horses mouth, so to speak. If something arises, you're not left hanging out in the wind saying, "Well, someone told me...." You'll know exactly what the law in your state, county, city, etc. says.
    No way I'd argue with this advice, it's spot on. Always check for yourself because you'll be the one footing the bill if the info was wrong.

    Quote Originally Posted by NC Bullseye View Post
    Well, I'm not chiefjason (I have been known to be in the same vicinity occasionally) but I can tell you one place you can open carry in NC that you can not CC is in a financial institution that isn't posted.
    The above is one. I just realized that the SECU I go to removed their "no weapons" sign and replaced it with a "no concealed weapons" sign. So I may just be uncovering next time instead of leaving it in the car.

    The other is of limited value really. And I bet within 3 posts someone's going to be fussing at me for saying it. But it's not illegal to OC with alcohol in your system. Sooooo, what good is that? About the only thing I can think of is carrying OC from the restaurant or buddies house if you have had a few drinks. Not recommending it mind you. Just sayin'.

    If you are looking for the legal rational for both of the above it is this. The ONLY place you will find the 2 issues above mentioned is in the CC Scope of Permit. Which only applies to CC.

    CC Scope of Permit

    GS_14-415.11

    NC General Statutes page.

    North Carolina General Assembly - General Statutes Table of Contents
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

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    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by chiefjason View Post
    The other is of limited value really. And I bet within 3 posts someone's going to be fussing at me for saying it. But it's not illegal to OC with alcohol in your system. Sooooo, what good is that? About the only thing I can think of is carrying OC from the restaurant or buddies house if you have had a few drinks. Not recommending it mind you. Just sayin'.

    If you are looking for the legal rational for both of the above it is this. The ONLY place you will find the 2 issues above mentioned is in the CC Scope of Permit. Which only applies to CC.

    CC Scope of Permit

    GS_14-415.11

    NC General Statutes page.

    North Carolina General Assembly - General Statutes Table of Contents
    OH NO, TELL ME YOU DIDN'T JUST GO THERE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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    Member Array ncsteveh's Avatar
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    Hit the brakes....... Lock the thread otherwise were in for a bumpy ride.........better yet make it disappear so no one else will see it.

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    Member Array shooter380's Avatar
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    So, Just for clarification (and I think I was confused about this), and I know this is your opinion but I appreciate your opinion, it is legal in NC to OC in a restaurant that sells alcohol for consuption. I CC almost exclusivly and so therefore I avoid restaurants that sell alcohol or else I leave my weapon in the car. So I could just OC while in the restaurant. Is that correct?

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    Member Array shooter380's Avatar
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    Well I found the answer. Can not carry into the restaurant that sells alcohol.

    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.

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    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by shooter380 View Post
    So, Just for clarification (and I think I was confused about this), and I know this is your opinion but I appreciate your opinion, it is legal in NC to OC in a restaurant that sells alcohol for consuption. I CC almost exclusivly and so therefore I avoid restaurants that sell alcohol or else I leave my weapon in the car. So I could just OC while in the restaurant. Is that correct?
    NO! Not just my opinion, also the AGs.

    Quote Originally Posted by shooter380 View Post
    Well I found the answer. Can not carry into the restaurant that sells alcohol.

    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.
    And correct, NO firearms in any establishment where alcohol is sold and consumed.

    The alcohol and carry ONLY comes in when you open carry AFTER consuming alcohol and your blood alcohol level is above 0. For example, after having a beer or two at home you could technically strap on an open carry firearm and head out without breaking any laws as long as your blood alcohol level is below the legal limit.

    Just curious, wasn't this covered in detail during your concealed carry class?

  14. #14
    Member Array shooter380's Avatar
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    Indeed the concealed carry class covered no concealed weapons where alcohol is sold for consumption. Did not talk much about OC.

    My confusion arose from cheifjason's statement,
    Sooooo, what good is that? About the only thing I can think of is carrying OC from the restaurant or buddies house if you have had a few drinks
    ., in which he mentions carrying OC from the restaurant. That seemed to imply that one could OC into the restaurant, have a drink and leave continuing to OC. I now see that the implication is that it is legal to have the drink, leave the restaurant, retrieve one's weapon and OC but not to carry the weapon into an establishment that sells alcohol for consumption.

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    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by shooter380 View Post
    Indeed the concealed carry class covered no concealed weapons where alcohol is sold for consumption. Did not talk much about OC.

    My confusion arose from cheifjason's statement, ., in which he mentions carrying OC from the restaurant. That seemed to imply that one could OC into the restaurant, have a drink and leave continuing to OC. I now see that the implication is that it is legal to have the drink, leave the restaurant, retrieve one's weapon and OC but not to carry the weapon into an establishment that sells alcohol for consumption.

    My bad on the confusion. My brain was thinking OC from the Restaurant as in the car on the way home. I'll word that better next time.

    That's a perfect example of double checking the NCGS to be sure that you know what you're doing.

    Now, if the Legislature has it's way on the wording of a few laws we might end up with areas you can CC but not OC. FWIW, I think that's a bad plan and will not hold up. But it's likely necessary to garner enough support for changes. Lot's of folks don't understand that OC is the right and CC is the legislated privilege right now in NC. I'm open to making them both a right, but that's not what the NC Constitution says currently.
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

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