Man Arrested For Open Carry In North Carolina

BY Herschel Smith
9 years, 4 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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  1. On December 30, 2014 at 5:44 am, kahr40 said:

    Going armed to the terror of the public requires that the open carrier do something to cause terror and possessing a firearm in and of itself doesn’t qualify. I’ll be surprised if the charges aren’t dismissed.

  2. On December 30, 2014 at 12:17 pm, keith plumley said:

    The glorified tax collector should take his place in jail.

  3. On December 30, 2014 at 11:44 pm, SunwolfNC said:

    Nope. Sure doesn’t.
    It requires that someone butt hurt enough to call 911 to say that someone is walking around with a rifle scaring people and threatening people. This type of police call is absolutely another facet of SWATing at worst case. Best case it’s due to ignorant/ill-informed public believing that openly carrying a weapon is illegal.

  4. On December 30, 2014 at 9:28 am, Blake said:

    If the guy was truly up to no good, the cops would not have been able to make a peaceful arrest. I suspect it is much quicker to shoulder a weapon from a sling than it is to roll up in a cop car, get out and bring a sidearm to bear.

    Although, I may be inferring something that did not happen, as the article isn’t specific about where the arrest took place. In fact it may very well be that Mr. Lambeth was arrested at home. Which is another can of worms entirely, because if the cops arrested Mr. Lambeth at home, things really get interesting, from a legal standpoint.

  5. On December 30, 2014 at 9:56 am, Seerightthere! said:

    Actually it isn’t, as the police unholster before they roll up as evidenced by the death of the 12 year old kid with a toy gun in Ohio a couple of weeks back. The cop shot that kid within 2 seconds of rolling up on him.

  6. On December 30, 2014 at 10:44 am, Backwoods Engineer said:

    I have gone open carry with my Glock in many stores in the Raleigh area, and have never been bothered. I’ve even tipped my hat to the cops before; they acknowledged me, but did nothing.

    I don’t see the point of going around with an AR-15, but I don’t think a peaceable person should be arrested while doing so.

  7. On December 30, 2014 at 11:20 am, Bobbye said:

    The Sheriff was probably responding to calls from the homeowners where the armed man was. The Sheriff has ” Implemented a very successful Brreaking and Entering Task Force charged with preventing larcenies, break-ins and other violations such as drug crimes” The Sheriff also loves the Asset Forfeiture laws.

  8. On December 30, 2014 at 2:07 pm, CarolinaMike said:

    1. How long will it be until an open-carrier is killed by an LEO, who later claims mistake, since prosecutors can use evidence gathered due to NC LEO’s mistake of law (Heien v NC). Why not go the whole way, and execute final judgment? [As if they needed an additional layer of immunity…] 2. How much you want to bet every law enforcement agency in the country has been briefed on that case within the last few weeks (compared to those who’ve recently been briefed on gun rights)? Sure makes it easier for them…

  9. On December 30, 2014 at 6:36 pm, Archer said:

    Yep. That’s all we need, is to give the “Only Ones” an excuse to be “willfully ignorant” of the information directly pertinent to their job duties.

  10. On December 30, 2014 at 6:40 pm, f.t. said:

    From a tactical standpoint, anyone who goes around openly carrying a firearm is an idiot. You are going to be the very first one to get shot if someone wants to rob the place you are in, if they are smart enough to case the place first to see what problems may arise, like an idiot sporting an open gun.

    I have carried concealed for over 40 years now (not daily) but when I was going to places that called for such a plan. If I was sitting in a place like a coffee shop, and some idiot with a rifle or a handgun openly visible on the hip, I would be either getting out of there or positioning myself where I could get a clear shot off if the guy went nuts.

    Open carry does more harm than good. I fully support the 2nd amendment but I do NOT support STUPID when it comes to guns. If you want to try to show what a big tough guy you are, I’ll be glad to take you to the Marine Recruiter where I went many years ago. If you want to try ti intimidate people with your gun, your NOT intimidating me, your setting yourself up as my possible target when I draw my gun that you don’t know I have because its concealed.
    I saw the guy walking around Walmart with a rifle slung over his shoulder. What an A-hole.

    Who does he think he is impressing? What a jerk.
    If you can LEGALLY carry concealed, do it that way. Its much smarter from a tactical point of view.

    You don’t need to scare people and I doubt you need the cops writing up a field interview report on you later stating that your a gun nut. It will come back to bite you sooner or later. Grow up.

  11. On December 30, 2014 at 6:48 pm, Dana King said:

    You must really like to hear yourself talk because you seem to be very impressed with yourself. What a rube.

  12. On December 30, 2014 at 9:17 pm, Kevin T. RIley said:

    “anyone who goes around openly carrying a firearm is an idiot”

    “I have carried concealed for over 40 years now (not daily) . . . ”
    Two quotes from your comments. Seems to me that if you conceal carry and DON”T carry on a DAILY basis, you sir, are the idiot.
    Have a nice day! :)

  13. On December 30, 2014 at 9:39 pm, Herschel Smith said:

    “From a tactical standpoint, anyone who goes around openly carrying a firearm is an idiot.” You don’t really know that. You just made that up, possibly because of your prejudice and bigotry.

    “I have carried concealed for over 40 years now …” No one cares.

    “Open carry does more harm than good.” You don’t really know that. You just made that up, possibly because of your prejudice and bigotry.

    “I saw the guy walking around Walmart with a rifle slung over his shoulder. What an A-hole.” You don’t really know that this person was an A-hole since you don’t know him. You just made that up, possibly because of your prejudice and bigotry.

    Finally, note that the subject of my article wasn’t the wisdom of carrying concealed versus openly – I have carried both ways depending upon the circumstances, and that might be an interesting article at some point, but the point has to do with rights. So for instance, the right of f.t. to worship with the people of his own choosing, or the right of a pastor to say what he wants, isn’t dependent or contingent on the agreement of f.t. or whether f.t. thinks that pastor is stupid.

    Do you see the point? It’s okay. You can do better next time. Just try to stick with the point of the article.

  14. On December 31, 2014 at 3:18 pm, lineman said:

    I think you are the one that needs to grow up… You have the mind of a child even though your an old man…I wonder if you get up also and run away if you see law enforcement with a gun on their hip…Your more likely to be shot by them accidentally or on purpose than a civilian who practices open carry… Just because your a nervous Nellie doesn’t make a open carrier a jerk or an ahole you small minded petty twit…

  15. On January 1, 2015 at 4:49 pm, Phil Ossiferz Stone said:

    Aw, do the flamboyant militant out-of-the-closet in-your-face gun owners rustle your jimmies…?

    Good. This is how you fight the culture wars. It worked for the environazis, the feminazis, and the queers. It’ll work for us. To hell with standing on our dignity. We are at war for the shape of society to come.

  16. On December 31, 2014 at 1:57 am, Adobe_Walls said:

    There should be an etiquette for open carry of long arms. For one a long arm shouldn’t be slung in front of you as if you’re on patrol in combat. You’re not and it’s rude. Even if you manage to not cross others with the muzzle of your weapon it will constantly appear so to the squares.

  17. On December 31, 2014 at 11:51 pm, John Richardson said:

    Even lawyers with UNC’s School of Government have weighed in that being arrested for going armed in terror of the public has no legs if the person isn’t threatening anyone. Jeez, it isn’t like Gerald Hege is still sheriff in Davidson County.

  18. On January 1, 2015 at 1:21 pm, unclezip said:

    As we are reminded by Massad Ayoob, Beatrice Tanner Campbell put it succinctly: “I don’t mind where people make love, as long as they don’t do it in the street and frighten the horses.”. Really, open carry of a “scary” black rifle is just gonna stir up some people, no matter what you do. And those people are gonna call the cops, and cops these days are just itching for some trigger time.

  19. On January 2, 2015 at 11:40 pm, will_ford said:


  20. On January 3, 2015 at 11:48 pm, Daniel Barger said:

    This type of conduct by the state is engaged in deliberately. The agents of the state KNOW full well that he is violating no law. That are merely engaging in the method of inflicting “the process is the punishment” abuse that is one of their favorite tools.
    The state and it’s actors have essentially unlimited resources they can use to engage in “Lawfare” with…..which is the strategy of using the legal system as a punitive weapon merely because they control it. The goal is not to achieve a conviction, doing so would be a happy bonus but the real agenda is simply to harass,abuse and vexate citizens knowing that it is a rare person who has the financial resources to adequately resist them without suffering immensely. It is at it’s core a method of bullying people till they give in and decide to abandon their rights. It’s practitioners are evil and need to be eradicated by any means feasible. And since the legal system means nothing to them but a convenient tool I would certainly not concern myself with “legality” in the methodology of eliminating these state sponsored criminals.

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You are currently reading "Man Arrested For Open Carry In North Carolina", entry #13196 on The Captain's Journal.

This article is filed under the category(s) Firearms,Guns and was published December 29th, 2014 by Herschel Smith.

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