NC OC experience reports

[Southern Covenanter]

Welcome to the forum Southern Covenanter! Glad you had a positive experience OC'ing. Nice to hear of the dad giving a positive message about guns to his daughter. Hope you make a few more trips north of the border and get to OC again.

Since we're in Charlotte about every other weekend, I get to open carry whenever I'm in town. I've been lurking around the forums for about a year and a half, but never had anything to say until now!

 

[jag06]

Well now that you have finally posted, try and stick around. Most of us here have nothing important to say, but we still have a lot to say lol. I know they have OC meetups in Charlotte from time to time, keep your eyes open for it. We have a meetup the first Friday of each month in the Triad area (Winston-Salem/High Point/Kernersville) if you are ever up this way.

 

[SurvivalChef]

Raleigh,

This is a funky area I have lived here for about a year and a half and have my cc but felt the need to one day press the limits of the OC laws in play. First stop was the local WalMart in Cary. I literally was asked to either conceal or leave because some of the customers were concerned for their safety. Honestly this was odd for me because I have always been told one or the the other and never given a choice. My other concern was this is a rich area and I'm a tall white male dressed in nice jeans and a polo the only thing I could have committed was a crime against dressing in matching colors because I was wearing camo crocks. Needless to say I just concealed it the best I could under my shirt and continued my shopping. However I did go to one of the Burlington Coat Factory stores in Raleigh and was asked to leave by the LP and store GM because they said it was not permitted and was told I would be detained by the LP until police arrived if I didn't exit promptly even after asking why it was not posted. so I left and will never go in that store again because they are all morons about the law and how it works!

 

[SurvivalChef]

Yea, it's an old term, but gets used pretty often actually. We get called ambulance drivers ALOT.

If I'm an ambulance driver, then I work with a whole lot of police car drivers and fire truck drivers.

I've worked on a bandaid bus before and we prefer the politically correct term "Certified Emergency Vehicle Operators" because we are trained to handle all size Emergency Service Vehicles. Not complaining I still call an ambulance a booboobus or band-aid station on wheels.

 

[solus]

first welcome to the forum and sounds like your first endeavor to OC didn't go quite as planned.

Raleigh,

This is a funky area I have lived here for about a year and a half and have my cc but felt the need to one day press the limits of the OC laws in play. First stop was the local WalMart in Cary. I literally was asked to either conceal or leave because some of the customers were concerned for their safety. Honestly this was odd for me because I have always been told one or the the other and never given a choice. My other concern was this is a rich area and I'm a tall white male dressed in nice jeans and a polo the only thing I could have committed was a crime against dressing in matching colors because I was wearing camo crocks. Needless to say I just concealed it the best I could under my shirt and continued my shopping. However I did go to one of the Burlington Coat Factory stores in Raleigh and was asked to leave by the LP and store GM because they said it was not permitted and was told I would be detained by the LP until police arrived if I didn't exit promptly even after asking why it was not posted. so I left and will never go in that store again because they are all morons about the law and how it works!

WOW...surprised Wally asked you to leave...if this humble person might offer a suggestion: contact the store's local GM, relate your tale of woe, and ask if the corp policy had recently changed unbeknownst to you? watch the reaction from the GM...
Out F'g Outstanding an excuse for a bike ride and now i have a mission to visit the store and see what their reaction is...my day has been made!!

forgive the inquiry but what does LP stand for? Never mind...Loss Prevention flunky!! now Burlington I would immediately contact corp and relate the encounter asking if they could please explain how the store employees would have explained during the ensuing lawsuit while asking you to leave and then threatening to detain you which would preclude your following their instructions to depart.

for future reference...NC is the only state in the 50 which does not allow citizen's arrest!! therefore any detention would specifically be against state law and IMHO the police might have to arrest those detaining you if you were to bring that to their attention!!

knowledge is power:
your attention is directed to NC statute Article 22B covered in § 14-159.11 through 14. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_22B.pdf

finally, get a voice recorder to allow these type of conversations to be maintained for posterity.

please do not succum to the temptation to quit OC'g because of this encounter as evidenced by this thread...there are a lot who carry w/o incident on a daily basis!!

ipse

 

[Jamesm760]

Well now that you have finally posted, try and stick around. Most of us here have nothing important to say, but we still have a lot to say lol. I know they have OC meetups in Charlotte from time to time, keep your eyes open for it. We have a meetup the first Friday of each month in the Triad area (Winston-Salem/High Point/Kernersville) if you are ever up this way.

Since we're in Charlotte about every other weekend, I get to open carry whenever I'm in town. I've been lurking around the forums for about a year and a half, but never had anything to say until now!

Welcome to OCDO Southern Covenanter!

We have a meets every month now. Although it varies on date, it's every 4 weeks on Sats, with 9/7/13 being the next one.
http://forum.opencarry.org/forums/showthread.php?116539-Charlotte-Lunch-amp-Range-Saturday-9-7-13

hope you make it!

 

[Grapeshot]

f--snipped--
for future reference...NC is the only state in the 50 which does not allow citizen's arrest!! therefore any detention would specifically be against state law and IMHO the police might have to arrest those detaining you if you were to bring that to their attention!!

Cite please.

 

[solus]

grape forgive the oversight...

http://en.wikipedia.org/ quote: In North Carolina, there is no de jure "citizens' arrest". Although it is essentially the same, North Carolina law refers to it as a "detention" unquote

http://www.ncga.state.nc.us/EnactedL...S_15A-404.html

§ 15A-404. Detention of offenders by private persons.
(a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.
(b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law-enforcement officer as provided in subsection (e).
(e) Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.)

ispe

 

[Grapeshot]

NC citizen arrest?

NCGS § 15A-404

(a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.
(b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law-enforcement officer as provided in subsection (e).
(e) Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.)



http://law.onecle.com/north-carolina/15a-criminal-procedure-act/15a-404.html

 

[Jamesm760]

NCGS § 15A-404

(a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.
(b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law-enforcement officer as provided in subsection (e).
(e) Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.)



http://law.onecle.com/north-carolina/15a-criminal-procedure-act/15a-404.html

So, there is C's arrest, we just need PC. Time to go buy some cuffs.

 

[solus]

gentlemen, IANA nor it is my belief neither are either of you...so since you have raised the specter that NC's private persons might arrest someone is a viable option in the Tarheel state, which it is not as specifically stated in the first sentence of NC 15A.404!!

how would you propose to detain someone in a reasonable manner as required by NC statute? i would think you wouldn't want to get too close to any individual who you have probable cause of commiting A felony, A breach of the peace (quite a list in chapter 19 of offenses against public morals), A crime involving physical injury to another person (what constitutes the breath of physical injury you would detain someone?), or A crime involving theft or destruction of property.

so i presume you would be reaching for and pulling your trusty sidearm: OH wait NC statute 14-34 makes it a Class A1 misdemeanor crime of pointing a handgun at another: Assault by point a gun (loaded/unloaded or even in jest).

your bad guy challenges you and you panic so you shoot at them... you have now commited a felony IAW14-32a assult with a deadly weapon with intent to kill or if you hit them14-32c assault with a deadly weapon with intent to kill inflicting serious bodily injury the statutes go on with varibles of someone shooting another citizen.

I do hope understand you would not be protected under the NC statute 14-51.4 of use of use of deadly force for self defense since in the eyes of the judical system you could be considered the instigator or aggressor who voluntarily provoked, entered or continued the conflict leading to deadly force and i also believe the person of reasonable firmness might have difficulty believing that deadly force was necessary!!

Suppose another good citizen see you w/gun drawn holding someone at gun point. remember NC statute 14-51.3 allows its citizens the right to use self defense for themself and in the defense of others.

finally, 404(e) states quote: A private person who detains another must immediately notify a law-enforcement officer...unquote. please sell tickets to that event of you calling 911 and advising you need to immediately notify a law enforcement officer as you have 'detained' a bad guy because you 'HAVE PROBABLE CAUSE'...

lets see, get involved 'detaining' an individual you have probable cause did something wrong and risk the judicial onslaught like the myriad of folk across the nation who did the right thing yet fell afoul of the judical system and had to expend their hard earned money to defend themselves from criminal charges and perhaps in civil court!

NAH....i'll be a good witness out of harm's way as i did not see any disclaimer in the statute the citizen would be held harmless for their actions in the detention of another NC citizen!!

my statement from a legal stand point...NC does not have a statutory provision for citizen's arrest!!

ipse

 

[Jamesm760]

gentlemen, IANA nor it is my belief neither are either of you...so since you have raised the specter that NC's private persons might arrest someone is a viable option in the Tarheel state, which it is not as specifically stated in the first sentence of NC 15A.404!!

how would you propose to detain someone in a reasonable manner as required by NC statute? i would think you wouldn't want to get too close to any individual who you have probable cause of commiting A felony, A breach of the peace (quite a list in chapter 19 of offenses against public morals), A crime involving physical injury to another person (what constitutes the breath of physical injury you would detain someone?), or A crime involving theft or destruction of property.

so i presume you would be reaching for and pulling your trusty sidearm: OH wait NC statute 14-34 makes it a Class A1 misdemeanor crime of pointing a handgun at another: Assault by point a gun (loaded/unloaded or even in jest).

your bad guy challenges you and you panic so you shoot at them... you have now commited a felony IAW14-32a assult with a deadly weapon with intent to kill or if you hit them14-32c assault with a deadly weapon with intent to kill inflicting serious bodily injury the statutes go on with varibles of someone shooting another citizen.

I do hope understand you would not be protected under the NC statute 14-51.4 of use of use of deadly force for self defense since in the eyes of the judical system you could be considered the instigator or aggressor who voluntarily provoked, entered or continued the conflict leading to deadly force and i also believe the person of reasonable firmness might have difficulty believing that deadly force was necessary!!

Suppose another good citizen see you w/gun drawn holding someone at gun point. remember NC statute 14-51.3 allows its citizens the right to use self defense for themself and in the defense of others.

finally, 404(e) states quote: A private person who detains another must immediately notify a law-enforcement officer...unquote. please sell tickets to that event of you calling 911 and advising you need to immediately notify a law enforcement officer as you have 'detained' a bad guy because you 'HAVE PROBABLE CAUSE'...

lets see, get involved 'detaining' an individual you have probable cause did something wrong and risk the judicial onslaught like the myriad of folk across the nation who did the right thing yet fell afoul of the judical system and had to expend their hard earned money to defend themselves from criminal charges and perhaps in civil court!

NAH....i'll be a good witness out of harm's way as i did not see any disclaimer in the statute the citizen would be held harmless for their actions in the detention of another NC citizen!!

my statement from a legal stand point...NC does not have a statutory provision for citizen's arrest!!

ipse

Summary: You can do it (with "probable cause"), but should not because it will most likely backfire.

right?

 

[jeffy_ssd]

Had a good day. OCed the entire day with the exception of going into the post office. Had dinner tonight in a busy local café with a car show right outside that had the entire street shut down. Answered a question about OC to a guy and talked to several SHP, local city PD, a sheriffs deputy without the side arm even getting a second glace (carrying a Gov Model 1911 so it is hard to miss). Walked around looking at the vintage and not so vintage cars for about 30 and came home. Over all it was a nice evening out with the with and grand baby

 

[Jamesm760]

Heavy foot syndrome

So, like I posted a couple months ago on here, I got pulled again...

I was on my way to make some $.
I got on the highway right behind a LEO.
He was goin a certain speed, and I was goin at that certain speed that he was going on the lane next to him
He then slowed down, and I kept going that speed that he was going at. (at that point he might have seen something sitting on my dash)
He turned on the lights, I pulled over to the right side of the highway
I didn't have my dashcam with me, or main voice recorder, but I quickly got my phone out, hit Rec, and kept the phone in my hands while they were on the steering wheel.
I said last time i glanced down at my speedometer I was goin 66/65 , he said he was goin 70 and I passed him. At that point I think he figured I was recording him, he said something along the lines of "don't be stupid and pass the police" He never mentioned what speed he was going again.

My baby was never mentioned. He did bring up the past ticket I got in CLT, gave me a warning, (which I am thankful for).

Also, he did ask where I was going, I said w0rk. He asked "where at?" i said "on Jake Alexander". he asked, "where at though?" at that point I felt like it was non of his business so I ignored that question and didn't answer. Again I am glad I didn't get a ticket though!

 

[salesguy]

Interesting. Funny story, same thing happened to me friday. Driving down I85 towards charlotte, not paying much attention and going about 80ish. Roll right next to a state trooper, look over at him and I just shake my head, here we go.

He got behind me for a few moments and I guess decided he had better things to do, my lucky day.

Earlier that day I carried at Wells Fargo, Sheetz and Lowes (all in mebane). Nothing to report, no one ran away screaming.

 

[Jamesm760]

Interesting. Funny story, same thing happened to me friday. Driving down I85 towards charlotte, not paying much attention and going about 80ish. Roll right next to a state trooper, look over at him and I just shake my head, here we go.

He got behind me for a few moments and I guess decided he had better things to do, my lucky day.

Earlier that day I carried at Wells Fargo, Sheetz and Lowes (all in mebane). Nothing to report, no one ran away screaming.

That would be something funny to record.

 

[salesguy]

So this is getting boring, but carried in Greensboro Costco (no one seemed to notice), moe's and sheetz. I have yet to be asked any questions (disappointing) and no cops have hassled me (that is good). It's even getting boring writing about it.

Oh, also carried at the grove park in asheville.

 

[carolina guy]

So this is getting boring, but carried in Greensboro Costco (no one seemed to notice), moe's and sheetz. I have yet to be asked any questions (disappointing) and no cops have hassled me (that is good). It's even getting boring writing about it.

Oh, also carried at the grove park in asheville.

boring and safe are good!

 

[ron73440]

boring and safe are good!

I agree, still OC'ing all around New Bern and Havelock with occasional detours to Morehead City and Newport, have had a couple positive responses and no negative ones.

 

[papa bear]

So this is getting boring, but carried in Greensboro Costco (no one seemed to notice), moe's and sheetz. I have yet to be asked any questions (disappointing) and no cops have hassled me (that is good). It's even getting boring writing about it.

Oh, also carried at the grove park in asheville.

boring is good that is what we are working for

i thought Costco was extremely anti defense. they even got a guy killed in NV, for CC