Commentary On Open Carry Of Guns In North Carolina

BY Herschel Smith
2 months, 3 weeks ago

Asheville Citizen-Times:

Question: I know that you have to have a license to carry a concealed weapon in our area. But a friend told me that if you do not conceal the weapon and it is out in the open, with a few exceptions you can carry a weapon in public. Specifically, he said you can walk around downtown Asheville with a shotgun or a machete and it is legal. I’m having a hard time believing that. Could the Answer Man investigate and explain what the particulars of the law are? Where can and where can’t you carry a weapon openly in public? Is there any restriction on the type of weapon you can openly carry? Are there places you can’t carry a concealed weapon?

My answer: Nothing says “holiday cheer” like a question about open carry laws.

Real answer: This subject does get quite complicated, so the following is far from a comprehensive answer.

For starters, you can indeed openly carry a gun around in North Carolina, generally speaking.

“(The reader is) correct in that North Carolina generally allows the open carry of firearms, with a few exceptions,” said Asheville Police Department spokeswoman Christina Hallingse. “A private property owner may restrict the carrying of firearms on their property, whether they be concealed or carried openly. There are a number of statutes that could potentially apply, including ‘Going Armed to the Terror of the People.'”

In part that law says you’re guilty of this offense if you arm yourself “with an unusual and dangerous weapon for the purpose of terrifying others,” and you go “about on public highways in a manner to cause terror to the people.” The North Carolina Supreme Court states that a gun meets the definition of an “unusual and dangerous weapon.”

All sorts of private businesses have restrictions on carrying guns, generally communicated by signs that state in words or pictures that guns and knives are not allowed.

As you can imagine, North Carolina has a lot of regulations about firearms. Hallingse provided a helpful link to “North Carolina Firearms Laws,” a 46-page document on the North Carolina Department of Justice site you can find here: https://bit.ly/2EbdqWr

Generally speaking, you can’t carry a gun, concealed or otherwise, into a bar or other places selling alcohol if you are consuming alcohol. You also can’t carry a gun into banks, schools or governmental buildings such as courthouses. Under the section subtitled “Areas Where Weapons Are Prohibited,” the documents also lists “Events occurring in public places,” and “Areas of emergency and riots.”

As far as weapons that are banned altogether, even for law enforcement officers (in most cases), the state law lays out a couple of pages of them under the section of the aforementioned North Carolina DOJ document called “Restricted and Prohibited Weapons.”

SEE ALSO: Asheville calls for assault weapons ban; mayor says she would go further

Among them are:

• Any spring-loaded projectile knife, a ballistic knife, or any weapon of similar character

• Weapons of mass destruction, including bombs of all sorts, grenades, rockets having a propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, mines; and any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will expel a projectile using an explosive or other propellant, and which has a barrel with a bore of more than one-half inch.

• Any firearm capable of fully automatic fire.

• Any shotgun with a barrel length less than 18 inches or an overall length of
less than 26 inches.

• A rifle with a barrel length of less than 16 inches or an overall length of less
than 26 inches.

• Any combination of parts either designed or intended for use in converting a device
into any weapon described above, and from which a weapon of mass death and
destruction may readily be assembled.

• Nuclear, Biological, or Chemical Weapons of Mass Destruction

• Teflon-coated bullets

I think this is a bad commentary because it’s misleading and incomplete.  First of all, MG are not prohibited – it’s just that you must have ATF approval for a Class 3 weapon.  I know folks in NC who legally own MGs.  The same thing goes for SBRs (he implies that it’s illegal to own an SBR in North Carolina).  It isn’t, as long as you have a tax stamp.

As for his snark about “Nothing says “holiday cheer” like a question about open carry laws,” I quite agree.  Open carry makes me cheerful, as it should.  As I’ve said before, I open carry “For the peace, good and dignity of the country and the welfare of its people.”

It would appear that from the questioner’s surprise, not enough North Carolinians are openly carrying.


Comments

  1. On December 31, 2018 at 12:05 am, bigl0af said:

    I OC on a regular here in NC. Remember, Asheville is special.
    The commentary also butchered the GATP statue and case law. I would definitely encourage readers to educate themselves on this point.

  2. On December 31, 2018 at 5:32 am, Duke Norfolk said:

    Yes, Asheville is, I believe, a Lefty hub. Rather hipster-ish. As with an increasing number of metropolitan areas in our country (of decreasing size; i.e. more and more, smaller and smaller towns/cities are being ruined).

    Thus the horrified nature of that questioner’s tone. Seeing someone with a gun would send him/her into a low grade seizure, I’m sure. I’m sure his/her next comment after hearing this is, “We’ve got to do something about that!”

  3. On December 31, 2018 at 7:58 am, ragman said:

    All “gun control laws “ are unconstitutional. Asheville is to be avoided at all costs. Happy New Year, Captain and friends.

  4. On December 31, 2018 at 10:31 am, Fred said:

    I think he’s wrong about banks (for concealed) but do your own homework.

  5. On December 31, 2018 at 10:00 pm, Jim Wiseman said:

    Teflon coated bullets, otherwise known as Hillary bullets. Because nothing sticks to them.

  6. On December 31, 2018 at 10:01 pm, Jim Wiseman said:

    Banks are only off limits if they post. I use ATMs.

  7. On January 1, 2019 at 9:19 am, DAN III said:

    ALCON,

    Unless there is a metal detector and/or some badged thug patting entrants down, carry concealed !

    VA hospitals and ALL fedgov facilities usurp your right to self-defense. Using signs and the implied threat of prosecution for daring to bring a “weapon” onto OUR property, the fedgov ignores the CON-stitution and 2A.

    The only solution to the growing tyranny of those we call “government” is the organized use of hemp, tall trees and lead.

    In the meantime….a safe and uneventful New Year 2019 to all. And a heartfelt Hat Tip to the blog author for the time and effort he uses to bring The Captain’s Journal to all.

  8. On January 1, 2019 at 1:49 pm, Matt said:

    At Fred, i think he’s working from some outdated statutes, regarding banks and other off limits places. This was changed about 5 years or so ago.

    Also, there is no statute on open carry and (and having been drinking) alcohol, while there is with concealed carry. Consequently, it isn’t prohibited by omission.

  9. On January 1, 2019 at 2:48 pm, Clyde said:

    Matt you are correct. I live near Asheville and I know for certain that 1st Citizen’s Bank appreciates concealed carry from Susan one of the tellers at my local bank. Don’t judge everyone who lives near Berkeley East (Asheville) as a lefty crazy. There’s a lot more of us who live around there that are normal. In fact we surround them, lol. I usually conceal carry but now I have a reason to open carry when I go to town: just hope I don’t get swatted by some crazy.

  10. On January 2, 2019 at 12:04 pm, jayne cobb said:

    wait… the State Supreme Court ruled that a gun is “unusual and dangerous”? I mean, dangerous, yes; it wouldn’t be much use as a weapon if it wasn’t dangerous. But “unusual”? does the State Supreme Court know how many guns exist in NC? I would expect that as weapons go, a gun is the most common of them all!

  11. On January 3, 2019 at 1:55 pm, Gryphon said:

    Same Thing here in VA, although at least (for Now) the State Legislature has generally preempted Local .gov from regulating Firearms. Where I am, in a Fringe Suburban/Rural Area, Open Carry is common enough that the County Sheriff’s 911 Operators are careful to Ask a Caller about “Someone with a Gun” if that Person is Waving it about or Threatening anyone, before sending someone to look into it. Counties to the Eastern side of the State have been known to Panic and Harass Open-Carriers, but several Expen$ive Lawsuits have kept this in Check.
    As for the Concealed Carry issue, most who Do So tend to respect Private Businesses that Post against it by Not Patronizing them…

    Unfortunately, with a Libtard governer, and increasing numbers of Statist and Welfare Leaches in the Urban Areas, most of Us expect increasing non-Constitutional “Gun Laws” to be made. Compliance will be another matter…

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You are currently reading "Commentary On Open Carry Of Guns In North Carolina", entry #20390 on The Captain's Journal.

This article is filed under the category(s) Firearms,Guns and was published December 30th, 2018 by Herschel Smith.

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