AR-15 Ammunition And Barrel Twist Rate

Herschel Smith · 19 Feb 2017 · 7 Comments

There are a lot of articles and discussion forum threads on barrel twist rate for AR-15s.  So why am I writing one?  Well, some of the information on the web is very wrong.  Additionally, this closes out comment threads we've had here touching on this topic, EMail exchanges I've had with readers, and personal conversations I've had with shooters and friends about this subject.  It's natural to put this down in case anyone else can benefit from the information.  Or you may not benefit at…… [read more]

Open Carry In Publix Grocery Store In Gastonia North Carolina

BY Herschel Smith
3 months, 1 week ago

So I was shopping in Publix grocery store this weekend, and ask a manager about their policy on open carry.  I thought I had seen folks engaging in open carry there, but I told the manager that I knew businesses can have their own policies, which I support, and I didn’t want this to be awkward for them if I come back openly carrying.

He informed me that he has a number of customers who open carry, and Publix follows the laws of the state.  There is no problem with it at that store.  I appreciate their stand on the issue, and I will certainly reward them by continuing to shop there.

In case we’ve never discussed this before (and I think we have), I open carry because I hate concealed carry and told the manager so.  But there is a larger and more important reason.  I open carry “For the peace, good and dignity of the country and the welfare of its people.”  I owe that expression to Jeremy Bryant.

Update On Open Carry Of Firearms In North Carolina State Parks

BY Herschel Smith
3 months, 3 weeks ago

If you will recall, I discussed signage in Mount Mitchell State Park that led me to file a complaint.  I had an extended email conversation with Bryan Dowdy with the North Carolina State Park Service.  It is reproduced below.

Mr. Smith,

Your email complaint was forwarded to me for a reply.

The ‘Welcome To’ sign as pictured in your post is correct.   Per North Carolina Administrative Code, 07 NCAC 13B .0901(a) and (b), FIREARMS;  The possession of firearms whether they are openly carried or carried concealed are prohibited in / on all North Carolina State Parks lands and waters unless a person has a valid concealed handgun permit and thus that person may possess a concealed handgun provided they are adhering to the requirements set forth in G.S. 14-415.11.  There are three exceptions to this Rule in that the State Park lands and waters at Falls Lake, Jordan Lake and Kerr Lake State Recreation Areas are owned by the U.S. Army Corps of Engineers and subject to separate federal regulations governing firearms.

I have included the applicable NC Administrative Code below for your information.

Additionally, we do not permit hunting on State Parks lands (including at Mount Mitchell State Park) so anyone openly carrying a weapon or hunting black bear or other animals on the State Park would be unlawful.  You may be confused with the US Forest Service lands and/or North Carolina Wildlife Game lands which border State Park lands around Mount Mitchell State Park which do allow limited hunting.

SECTION .0900 – FIREARMS: EXPLOSIVES: FIRES: ETC.

07 NCAC 13B .0901 FIREARMS: WEAPONS: EXPLOSIVES

(a) Except as provided in Paragraph (b) or G.S. 14-269, no person except authorized park employees, their agents, or contractors, shall carry or possess firearms, air guns, air soft guns, paint ball guns, bows and arrows, sling shots, or lethal missiles of any kind within any park.

(b) A person with a valid concealed handgun permit issued by one of the United States that adheres to the requirements set forth in G.S. 14-415.11 may carry a concealed handgun on the grounds and waters of a state park. Persons acting under this exception should take notice that certain Division managed properties are owned by the U.S. Army Corps of Engineers and subject to separate regulations governing firearms. Accordingly, concealed handguns are prohibited at Falls Lake, Jordan Lake and Kerr Lake State Recreation Areas.

(c) The possession or use of cap pistols is prohibited. The possession or use of dynamite or other powerful explosives as defined in G.S. 14-284.1 is prohibited.

(d) The possession or use of pyrotechnics is prohibited except for pyrotechnics exhibited, used, or discharged in connection with an authorized public exhibition and approved by the Director of the Division of Parks and Recreation, or designee. Persons wishing to possess or use pyrotechnics in connection with a public exhibition, such as a public celebration, shall file an application for a special use permit with the park superintendent. All applicants shall enter an indemnification agreement with the Department and obtain general liability and property damage insurance, with limits as determined by the Secretary or designee, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public exhibition of pyrotechnics or any act(s) or omission(s) on the part of the applicant(s) or the applicant’s agents, servants, employees, or subcontractors presenting the public exhibition. The Division Director or designee may deny an application as deemed necessary to protect the public health, safety, and welfare, or to protect the natural resources of the park unit.

History Note: Authority G.S. 14-269; 14-410; 14-415; 14-415.11; 14-415.24; 113-8; 143B-135.16; 143B-135.43;

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Temporary Amendment Eff. July 2, 1997;

Temporary Amendment Expired September 29, 1998;

Amended Eff. January 1, 2014; April 1, 1999;

Transferred from 15A NCAC 12B .0901 Eff. April 1, 2017.

Thank you for your inquiry and we hope this information adequately addresses your concerns.

Sincerely,

Bryan Dowdy


Bryan,

Thank for your thoughtful reply.  You are correct about hunting – I was thinking about area appurtenant to the state park.  I appreciate the correction.

However, the administrative code to which you referred simply does not say what you said it says.

It discusses concealed carry, and since when I recently visited Mt. Mitchell I have a CHP, I complied with the law as written.  However, the admin code is simply a recapitulation of already existing laws concerning the carry of concealed handguns throughout NC.

The admin code simply does not say that open carriers must be permitted, and that still appears to me to be in contravention of state law.

Sincerely,

Herschel Smith


Mr. Smith,

Subsection (a) of NCAC 07 NCAC 13B .0901 FIREARMS:,  clearly states that no person except authorized park employees, agents, contractors shall carry or possess firearms unless they have a concealed handgun permit or fall within one of the categories in G.S. 14-269 (e.g. law enforcement officers, retired law enforcement officers, active duty military when acting under orders to be armed, etc.).   This prohibition is defined as open or concealed carry of any firearm.

This original Administrative Code prohibiting the possession or carrying of any firearms, open or concealed has been in place for at least 30 years with the exception where we amended the Rule in January 2014 to allow persons with Concealed Handgun Permits to possess a concealed handgun on State Park lands.

(a) Except as provided in Paragraph (b) or G.S. 14-269, no person except authorized park employees, their agents, or contractors, shall carry or possess firearms, air guns, air soft guns, paint ball guns, bows and arrows, sling shots, or lethal missiles of any kind within any park.

Sincerely,

Bryan Dowdy


I understand your position Mr. Dowdy.  I don’t want this to be contentious, I just want clarity and I think we’ve achieved that.  One final question, sir.

I note that you’ve referred to administrative code, not general statutes of NC.  To me, this is an important distinction.  I work in an area where we must comply with the CFR, but everything is open to interpretation since these are “rules” and “regulations” rather than “law.”  As such, Congress never voted on them – they merely empowered someone else (i.e., the executive) to make such rules.

I take it that you see the administrative code as regulations / rules, but your agents apply those regulations as laws?  If so, then you have effectively banned unpermitted carry when it is not banned by state law (as long as said carry is open).  I see that as a constitutional and legal issue ripe for litigation.

Thank you for the exchange sir.

Herschel Smith

My readers and I have discussed the difference between “law” and “regulation” in excruciating detail before, so there is no reason to recapitulate that conversation.

To date I have not received a response to this last email.  As you can see, my charge is that the NC State Park Service and appurtenant groups (NC DoJ) have promulgated regulations (i.e., that all carry of weapons in state parks must be permitted, whether open or concealed) that are simply not supported by state laws, since North Carolina is a traditional open carry state.

At least, contrary to Wake County Sheriff Donnie Harrison, he doesn’t assert that open carry is disallowed in state parks.  This is smart and complies with North Carolina law, but the requirement for permitting in state parks for open carry simply does not.  This is ripe for litigation in my opinion.

The Open Carry Of Guns In State And National Parks In North Carolina

BY Herschel Smith
3 months, 3 weeks ago

WRAL.com:

Wake County Sheriff Donnie Harrison said, for example, that visible sidearms wouldn’t be allowed at a similar rally in North Carolina.

“Protests, you cannot carry,” Harrison said, adding that gun owners need to know the nuances of the law.

Those who carry guns openly can’t do so at organized sporting events. Schools are off limits, and so are state and federal parks.

Upon reading this, I sent a note to Wake County Sheriff Donnie Harrison, and since the note didn’t mirror to my own email address, I will reproduce it here as best I can remember.

“Mr. Harrison, as best as I am aware, and I have recently discussed this with a ranger who represents North Carolina on these issues, you are flat wrong on the open carry of weapons in North Carolina state parks.  Furthermore, you don’t control the regulations for national parks, and no such regulation exists for national parks, except that you must comply with the laws of the state, and North Carolina is a traditional open carry state.

You have communicated material false information to readers.”

I have yet to receive a reply.

Gun Control In North Carolina State Parks?

BY Herschel Smith
4 months, 1 week ago

As I posted, I recently made a hiking trip to Mount Mitchell State Park with my son Joseph.  Along the way (during a visit to a store to pick up some souvenirs for my son’s friend), I saw this sign.

“Firearms and lethal weapons are prohibited except by permit.”  Now, this causes a whole host of problems, and so let’s begin our discussion.

First of all, North Carolina is a traditional open carry state, and there is nothing in any statute that excepts the state parks as being areas where one cannot open carry or stipulates the manner of carry, whether a handgun or long gun (rifle or shotgun).  Furthermore, hunters carry firearms into the park all the time, hunting mostly for black bear during the summer and fall.

This all caused me to research the regulations, or at least, the publicly available statements by the park service, concerning firearms in North Carolina state parks.  I landed on this web site, where we read the following concerning firearms.

Firearms and other weapons are prohibited except that those with a proper permit may possess a concealed handgun in permitted areas and under the requirements of North Carolina G.S. 14-415.11. All firearms and weapons are prohibited in state park visitor centers and park offices.

This makes it sound as if firearms are prohibited unless they are concealed, since it is only under those conditions that a permit is legally required.  In other words, it appears that this statement on the park web site is a spurious prohibition of open carry in contravention of state law (which does not speak to the issue of open carry, and simple carry of a handgun in a holster has never been considered carrying a weapon “to the terror of the public” or brandishing a weapon).

The statute to which this statement refers (North Carolina G.S. 14-415.11) simply makes it clear that “Any person who has a concealed handgun permit may carry a concealed handgun on the grounds or waters of a park within the State Parks System as defined in G.S. 143B-135.44.”  It says nothing about prohibition of open carry, in parks or anywhere else.  Nor does any other North Carolina statute speak to the issue of open carry.

So this leaves us with only two apparent options for interpretation of the signage and the statement on the park web site.  The first option is that it is intended to be an end run around the legislature who has not spoken to the issue of open carry in state parks, or anywhere else for that matter.  The state park service is making up their own laws.

The second option is that this signage is a mistake, but even more than that, contains material false information and is therefore unlawful due to its false and misleading information.  Frankly, either option means that the park service is behaving in an unlawful manner, where they are making up their own laws, or simply communicating material false information to park visitors.

Which is it, and is the park service aware of their unlawful behavior on this issue?

Man Arrested For Open Carry In North Carolina: An Update

BY Herschel Smith
2 years, 11 months ago

As an update to my article on the arrest of Danny Gray Lambeth for open carry of a rifle, I do not know Mr. Lambeth and have no way of contacting him.  I would like to know more about the story, but cannot afford the time to travel and sit through a court hearing, especially given that hearings can be postponed on the spot multiple times depending upon what the lawyers and judge want to do.  I have also searched new reports every day since the original report, only to find no updates.

But I did forward a complaint to the office of the North Carolina Attorney General, and heard back the next day.  Basically, I stipulated to the caller (himself a former prosecuting attorney) that I didn’t know all of the facts of the case, and he stipulated to me (after I pressed the point) that arrest for open carry in the county of Davidson while leaving me alone in Mecklenburg County to open carry is capricious and arbitrary, unless there are other facts of the case such as brandishing or threatening (which are both illegal anyway).

And I insist that readers and the legal system stipulate as follows: arrest in one county while allowing open carry in another allows LEOs capricious and arbitrary choices, and by the very definition this isn’t justice.

Man Arrested For Open Carry In North Carolina

BY Herschel Smith
2 years, 11 months ago

Winston-Salem Journal:

Davidson County deputies arrested a man who was walking around a neighborhood with an assault rifle, according to a news release today from the Davidson County Sheriff’s Office.

Danny Gray Lambeth, 51, of Old U.S. 52 in Winston-Salem was charged with going armed to the terror of the public.

According to the sheriff’s office, deputies responded to the area of 10711 Old U.S. 52 on Saturday after receiving a report of a man walking around residences with an assault rifle. During the investigation, Lambeth was identified as the suspect.

Lambeth was placed in the Davidson County Jail with bond set at $1,000. He is scheduled to appear in Davidson District Court on Jan. 29, 2015.

Let’s ignore for the sake of argument the idiotic press report about this being an “assault rifle” (which is wasn’t unless it had select fire mode).  As I’ve discussed many times before, I open carry from time to time as a resident of North Carolina.  We are a traditional open carry state.  I have never had any problems from Baker 2 of the CMPD (who usually ignore me or wave and smile), but even the Charlotte-Mecklenburg Police Department had to be reminded by the Fourth Circuit Court of Appeals that the open carry of a firearm in North Carolina does not create a “reasonable suspicion” to effect arrest.

It simply doesn’t, so says a federal court.  Case closed.  End of discussion.  Moreover, North Carolina has no stop and identify statute.  Case closed.  End of discussion.  It couldn’t be clearer.  If LEOs aren’t being taught that in their classes, they are being misled and put on the street without the proper training.  That’s malfeasance on the part of the chief LEO.

We have dealt with this before, where I have noted instances where LEOs have unholstered their weapons and pointed them (I assume with a round chambered) at men simply for openly carrying a weapon.  Someone will be killed in such an exchange one day, I have admonished.  And yet, we still see arrests for open carry in North Carolina.

I want to know why?  What about North Carolina being an open carry state don’t CLEOs get?


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