Man Arrested For Open Carry In North Carolina

BY Herschel Smith
9 years, 9 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?

Trackbacks & Pingbacks


Comments

  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”http://keepsheriffgrice.org/Accomplishments.html 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:

    B.S. Carolina STYLE!!POLICE STATE MORE AN MORE

  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.

RSS feed for comments on this post. TrackBack URL

Leave a comment


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.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (284)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (377)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (227)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,794)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,667)
Guns (2,334)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (37)
ICOS (1)
IEDs (7)
Immigration (114)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (656)
Police in COIN (3)
Policy (15)
Politics (980)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (684)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (59)
Survival (190)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (98)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.