Quote:
Originally Posted by nn
Further issue is the NC law about " going armed to the terror of the public " This is one of those LEO judgement call things, OC legal, does not matter if this judgment is made, so be careful where you OC in urban areas.
Good luck and consider your surroundings.
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I hope that people will eventually get tired of posting misinformation about the common law offense of going armed to the terror of the public. This quote is taken directly from the NC Firearms Laws summary put out by the NC attorney general:
Quote:
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.
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The elements of the offense, according to Farb, who writes the NC crimes books that are used by LEOs and magistrates in the state to determine the elements of the offense are as follows:
-While armed with an unusual or dangerous weapon
-Go about on public highways
-For the purpose of terrorizing others
-In a mannor that causes terror
That is a paraphrase as I don't have the book in front of me, but it is an accurate breakdown of the elements. One has to intend to terrorize others, simply carrying a holstered handgun doesn't make it. Some officers might not like open carry, but it isn't illegal, and the "going armed..." common law offense doesn't apply to simple open carry.