NC open carry change

This is a discussion on NC open carry change within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK this is one of those stay with me. My wife told me --- a friend of hers told her --- that a cop told ...

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Thread: NC open carry change

  1. #1
    Member Array DonSmith's Avatar
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    NC open carry change

    OK this is one of those stay with me.

    My wife told me --- a friend of hers told her --- that a cop told him
    that a weapon that has more than 50% of it covered by a holster is considered concealed in NC/Hoke County/or something.

    I've checked everywhere I can right now and found nothing.

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  3. #2
    VIP Member Array Dal1Celt's Avatar
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    Quote Originally Posted by DonSmith View Post
    OK this is one of those stay with me.

    My wife told me --- a friend of hers told her --- that a cop told him
    that a weapon that has more than 50% of it covered by a holster is considered concealed in NC/Hoke County/or something.

    I've checked everywhere I can right now and found nothing.

    I haven't heard anything like that, and reside Cumberland County. Best bet would be to check with County Sherrif Dept.
    "Without fear there can be no Courage!"

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    Member Array DonSmith's Avatar
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    That's my next step once I get my 1911 put back together.

    BTW I stole a copy of your avatar.

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    VIP Member Array Dal1Celt's Avatar
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    PM me and I'll email you the other one. if you want.
    "Without fear there can be no Courage!"

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    Member Array Jaystekan's Avatar
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    Cumberland county resident here too. From what I was taught, the gun is either concealed or not. If even the magazine baseplate is exposed, then you are considered open-carrying. It's either entirely concealed/covered or you are open-carrying. Best bet would be to check with LE. however if this is true, I can't see police measuring how much of the weapon is covered to determine if you are concealed or open carrying.
    Remember, no matter where you go, there you are.

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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by DonSmith View Post
    OK this is one of those stay with me.

    My wife told me --- a friend of hers told her --- that a cop told him
    that a weapon that has more than 50% of it covered by a holster is considered concealed in NC/Hoke County/or something.

    I've checked everywhere I can right now and found nothing.



    well I guess you need a bigger gun if the holster is too big
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

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    Quote Originally Posted by DonSmith View Post
    OK this is one of those stay with me.

    My wife told me --- a friend of hers told her --- that a cop told him
    that a weapon that has more than 50% of it covered by a holster is considered concealed in NC/Hoke County/or something.

    I've checked everywhere I can right now and found nothing.
    I know I'm not from NC, but a friend told me, that a friend told him, that friend was told by a cop, that hearsay was not a legal defense.

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    Senior Member Array Landric's Avatar
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    So far as I am able to determine, as someone that enforces NC laws, there is no "amount" of exposure that determines open or concealed carry. The concealed weapons statute (GS 14-269) makes no mention of such, and I'm not aware of any case law with respect to a percentage of exposure required.

    The rule of thumb I follow, and everyone else I work with seems to, is this: If I can tell its a weapon by virtue of the part of it I can see, its open carry. If it is covered in such a manner as to make it impossible to tell its a weapon, its concealed.
    -Landric

    "The Engine could still smile...it seemed to scare them" -Felix

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    Member Array DonSmith's Avatar
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    Quote Originally Posted by rmodel65 View Post
    well I guess you need a bigger gun if the holster is too big
    Quote Originally Posted by archer51 View Post
    I know I'm not from NC, but a friend told me, that a friend told him, that friend was told by a cop, that hearsay was not a legal defense.
    See this is why I came here. Consistent, quality advice

    Still haven't made it over to SO

  11. #10
    jfl
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    Be very careful about any legal advice given by LEO's; it is not their job.
    You wouldn't call a lawyer to stop a home invasion
    The first rule of a gunfight: "Don't be there !"
    The second rule: "Bring enough gun"

    jfl
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    Member Array tflhndn's Avatar
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    I think Landric's point (since I know he doesn't opine on legal issue unless he has had direct exposure to the issue - which usually means consutlation with higher ups in his department or DA's) is that if someone can see enough of a gun to know that it is a gun, then by definition it is NOT concealed.

    Since there is, in fact statutory or case law on what consitutes "concealed" in North Carolina (whether an gun is concealed is a fact for the jury to decide, according to the AG's pamphlet on NC firearms laws), and since we all know that common sense and plain language meanings do not always win the day, I for one, appreciate when an LEO on one of these boards offers up what their understanding of a law is, if for no other reasons than at least I know what the perception is out there.

    Now, if you don't want to take an LEO's word, fine, - I certainly wouldn't go ask a cop on the street a legal question, but if someone on this board offers their thoughts on something, and offers why they might have reason to know, I think it is a little rude to disparage their input.

  13. #12
    Member Array Swamp Fox's Avatar
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    Well, LE will be the one making the charge. It is great to hear how they make their determination.

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    Member Array ncffp163's Avatar
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    Quote Originally Posted by Landric View Post
    So far as I am able to determine, as someone that enforces NC laws, there is no "amount" of exposure that determines open or concealed carry. The concealed weapons statute (GS 14-269) makes no mention of such, and I'm not aware of any case law with respect to a percentage of exposure required.

    The rule of thumb I follow, and everyone else I work with seems to, is this: If I can tell its a weapon by virtue of the part of it I can see, its open carry. If it is covered in such a manner as to make it impossible to tell its a weapon, its concealed.
    #1 Landric
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    VIP Member Array NCHornet's Avatar
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    Quote Originally Posted by DonSmith View Post
    OK this is one of those stay with me.

    My wife told me --- a friend of hers told her --- that a cop told him
    that a weapon that has more than 50% of it covered by a holster is considered concealed in NC/Hoke County/or something.


    I've checked everywhere I can right now and found nothing.
    This was your first mistake. Don't listen to repeated jiberish like this and know your states Gun laws. No such law on the books, if it visible it ain't concealed, pretty country simple if you ask me!!

    NCH
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
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    VIP Member Array stormbringerr's Avatar
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    Quote Originally Posted by DonSmith View Post
    OK this is one of those stay with me.

    My wife told me --- a friend of hers told her --- that a cop told him
    that a weapon that has more than 50% of it covered by a holster is considered concealed in NC/Hoke County/or something.

    I've checked everywhere I can right now and found nothing.
    this would make all leo guns in the area concealed. right?
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