Commentary On Open Carry Of Guns In North Carolina
BY Herschel Smith
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.