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New to OC, 19 and Wanting to learn!

skyline330

New member
Joined
Jun 4, 2013
Messages
3
Location
Raleigh/Fayetteville
Hello OC community,

First off I am excited to be here to learn. I am new to owning a handgun, and OC. I am only 19 and obtained the handgun from a private sale after getting a PPP from my sheriffs office in Cumberland County. I live in Raleigh and Fayetteville as I go to school up here.
Is there any information that I should know? I really only carry on my hip to and from my apartment, and getting gas, ATM, etc. I would like to be comfortable to carry in Wal-mart, and other places of business. Right now I am carrying a JA-380, with a holster with extra magazine.

Anyone know if you can OC on the greenway?
And is anyone having any OC or firearm community get togethers?

Thanks, Tyler
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Welcome to OCDO, always a pleasure to see a new face(so to speak)...:D

BTW you may want to measure your JA, if you go to Chapel Hill they have a size restriction, I think the rule is no smaller than six inches, measured from barrel tip to grip heel.
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Welcome to OCDO, always a pleasure to see a new face(so to speak)...:D

BTW you may want to measure your JA, if you go to Chapel Hill they have a size restriction, I think the rule is no smaller than six inches, measured from barrel tip to grip heel.

Does any body have a link to that Chapel Hill ordinance? I think there is a prescribed way to measure the gun.

There are also those that think this ordinance is in violation of preemption. No, I do not want to be your test case.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Does any body have a link to that Chapel Hill ordinance? I think there is a prescribed way to measure the gun.

There are also those that think this ordinance is in violation of preemption. No, I do not want to be your test case.

I'll look them up today, but Kerner V State laid out that display could be regulated on handgun size.

Sec. 11-134. - Prohibition on display of small handguns.

(a)
No person shall display, on any street, sidewalk, alley or other public property any handgun which is easily and ordinarily carried concealed.
(b)
For purposes of this article, the term "handgun which is easily and ordinarily carried concealed" shall mean any handgun or other firearm with an overall length of less than six (6) inches; provided, however, that in the case of a handgun or firearm that does not have a handgrip, this term shall mean any such handgun or firearm with an overall length of less than eight (8) inches.
(c)
For purposes of this article, the length of a handgun shall be determined as follows:
(1)
As the length of a line drawn from the tip of the barrel of the handgun along the length of the barrel to the point where that line intersects with a perpendicular line drawn up from the point on the back of the handgrip farthest from the tip of the barrel; or,
(2)
If the length of the handgun measured along the barrel extends back beyond the point where the lines described in (c)(1) above intersect, the length shall be determined by the length of the gun measured straight back from the tip of the barrel for the full length of the gun; or
(3)
If the handgun does not have a handgrip, the length shall be determined by measuring the overall length of the weapon by a straight line connecting the tip of the barrel to the point farthest away from the tip of the barrel.
(d)
This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.
(Ord. No. 93-11-22/O-1, § 1)


KERNER V STATE

(Supreme Court of North Carolina. May 11, 1921.)

1. Weapons--Right to bear arms under federal Constitution not restriction on power of state.
Const. U.S. Amend. 2, providing that the right of the people to keep and bear arms shall not be infringed, is a restriction only on federal authority and not on the states. (Per Clark, C.J., and Hoke, J.)

2. Weapons--Right to bear arms can only be restricted as provided in Constitution.
Under Const. art. 1, § 24, providing that the right of the people to keep and bear arms shall not be infringed but that nothing therein shall justify the practice of carrying concealed weapons or prevent the Legislature from enacting penal statutes against such practice, the exception indicates the extent to which the right to bear arms can be restricted, and the Legislature can prohibit the carrying of concealed weapons but no further. (Per Clark, C.J., and Hoke, J.)

3. Weapons--Knives, etc., not "arms" within constitutional provision.
Bowie knives, dirks, daggers, slung-shots, loaded canes, brass, iron, or metallic knucks, (p.223)razors, etc., the carrying of which is prohibited by Pub. Loc. Laws 1919, c. 317, are not "arms" within Const. art. 1, § 24, preserving the right to bear arms. (Per Clark, C.J., and Hoke, J.)

4. Weapons--Pistol is within constitutional right to bear "arms."
A pistol is properly included within the word "arms," and the right to bear such arms cannot be infringed under Const. art. 1, § 24, as the Constitution includes all arms in common use and borne by the people as such when the provision was adopted, though by reason of modern inventions they are now little used in warfare. (Per Clark, C.J., and Hoke, J.)

5. Weapons--Carrying while intoxicated or in places of public assembly, etc., may be prohibited.
Notwithstanding the right to bear arms under Const. art. 1, § 24, it would be a valid and reasonable regulation to prohibit the carrying of deadly weapons when intoxicated, or to a church, polling place, or public assembly, or in a manner calculated to inspire terror which was forbidden at common law. (Per Clark, C.J., and Hoke, J.)

6. Weapons--Carrying of small pistols easily concealed may be prohibited.
Notwithstanding the right to bear arms under Const. art. 1, § 24, the Legislature may prohibit the carrying of pistols of such small size as to be easily and ordinarily carried concealed. (Per Clark, C.J., and Hoke, J.)


7. Weapons--Statute requiring permit for carrying of pistol, though unconcealed, is invalid.
Pub. Loc. Laws 1919, c. 317, so far as it prohibits the carrying of a pistol unconcealed off of one's own premises without a permit for which a fee of $5 and a bond in the sum of $500 is required, is invalid under Const. art. 1, § 24.

8. Weapons--Right to bear arms may be regulated, but regulation must be reasonable.
The right to bear arms protected and safeguarded by Const. U.S. Amend. 2, and Const. N.C. art. 1, § 24, is subject to the authority of the General Assembly in the exercise of the police power to regulate, but the regulation must be reasonable and not prohibitive and must bear a fair relation to the preservation of the public peace and safety. (Per Allen and Stacy, JJ.)


Following the instruction in the ordinance the JA380 would be legal to carry openly in Chapel Hill. Apologize for confusion, I was thinking overall measurement meant a straight line from barrel tip to grip heel. When it actually is two separate measurements combined.
 
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