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NC OC experience reports

color of law

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always remember cups, et al., by NC statutes covering NC citizens wishing to purchase a handgun from a commercial or private seller, quote:
14-402. Sale of certain weapons without permit forbidden.
(a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

best reason to obtain your privilege card
I can't find any case law that even mentions 14-402. Some help please.
 

solus

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I can't find any case law that even mentions 14-402. Some help please.

thank goodness i can w/straight face say...

"HUH?"

brady specifically exempts nc citizens from going through NICS purchase mandates to purchase a firearm...

not sure what case law has to do with the cost of rice in china...;)
 

color of law

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thank goodness i can w/straight face say...

"HUH?"

brady specifically exempts nc citizens from going through NICS purchase mandates to purchase a firearm...

not sure what case law has to do with the cost of rice in china...;)
§ 14-402. Sale of certain weapons without permit forbidden.

(a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.
Clearly unconstitutional. Case law??? Has anyone been prosecuted for this? I can't find any.
 

solus

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tune your channel to the olde jim crow channel...

that stated, the system, as currently applied equality across the NC ethnicity gambit, is more rigorous then the FBI's NICS screening system in keeping firearm(s) purchases out of the hands of 'billy badguy', et al., since to obtain the PPP or Privilege card the purchasing citizen gives permission to be screened through local county criminal & MH entities records!

As everyone is aware, FBI's system is marginal at best and only screens a purchaser from those records LE agencies put into the system and as history has shown individuals regularly slip through the approval system cuz LE agencies failed to input their mandatory information.

statutory as written, i am sure very few private sales ~ 'goode olde citizen' to 'goode olde citizen' ~ are buyer's PPP/CHP checked prior to the sale. [that stated...i do have knowledge of one individual(y) who does follow the written law!]

unconstitutional...please this state's legislature can't overcome [read REFUSES] the NC supreme courts explicit and repeated ruling(s) to straighten out legislative flagrant gerrymandered of election districts across the state to the point the legislative body has postponed elections to 'work out the issues'!
 

solus

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walked into staples yesterday and saw a diminutive male poorly oc'g a huge pistol on their waist...e.g., holster wasn't snug on their hip as it was sitting at about 30+ deg angle from their waist.

sigh...
 

solus

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was seated, OC'g of course, in my favorite family owned eatery late Monday morning bantering with a delightful group of 'mature' ladies at the next table when staff asked if anybody knew CPR or was medically trained...crap i am, go up and asked what's the problem...in the male restroom i was informed...

walked back and found a adult comatose on the floor w/needle on the floor...checked pulse...had one and told on-lookers the bloke didn't need CPR...OMGoodness their dead...uh no has a pulse...

waited at the door till first responders arrived...15 minutes after the first 911 was placed...LE walked in first, looked at the bloke, then reached for the needle...uh excuse me shouldn't you have gloves on -- oh ya...he walked out and four more LEs walked in and googled the bloke and emts had to push their way in...

told one of responder, who acknowledge i was reliving myself of care since competent medical care had arrived...they then shot the narcan up the bloke's nose...

LE's roamed the establishment as i stood with staff and not one batted an eye towards me OC'g.

all and all a good day...removed the bloke and left w/o lights.
 

color of law

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was seated, OC'g of course, in my favorite family owned eatery late Monday morning bantering with a delightful group of 'mature' ladies at the next table when staff asked if anybody knew CPR or was medically trained...crap i am, go up and asked what's the problem...in the male restroom i was informed...

walked back and found a adult comatose on the floor w/needle on the floor...checked pulse...had one and told on-lookers the bloke didn't need CPR...OMGoodness their dead...uh no has a pulse...

waited at the door till first responders arrived...15 minutes after the first 911 was placed...LE walked in first, looked at the bloke, then reached for the needle...uh excuse me shouldn't you have gloves on -- oh ya...he walked out and four more LEs walked in and googled the bloke and emts had to push their way in...

told one of responder, who acknowledge i was reliving myself of care since competent medical care had arrived...they then shot the narcan up the bloke's nose...

LE's roamed the establishment as i stood with staff and not one batted an eye towards me OC'g.

all and all a good day...removed the bloke and left w/o lights.
If he is dead, what is the emergency?:) It could be looked at as another waist of time, energy and valuable resources. Is there a law requiring people to protect others from receiving the Darwin Award?

On the other hand, I do understand that some people just don't have the fortitude to fight the demons inside.
 

color of law

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tune your channel to the olde jim crow channel...

that stated, the system, as currently applied equality across the NC ethnicity gambit, is more rigorous then the FBI's NICS screening system in keeping firearm(s) purchases out of the hands of 'billy badguy', et al., since to obtain the PPP or Privilege card the purchasing citizen gives permission to be screened through local county criminal & MH entities records!

As everyone is aware, FBI's system is marginal at best and only screens a purchaser from those records LE agencies put into the system and as history has shown individuals regularly slip through the approval system cuz LE agencies failed to input their mandatory information.

statutory as written, i am sure very few private sales ~ 'goode olde citizen' to 'goode olde citizen' ~ are buyer's PPP/CHP checked prior to the sale. [that stated...i do have knowledge of one individual(y) who does follow the written law!]

unconstitutional...please this state's legislature can't overcome [read REFUSES] the NC supreme courts explicit and repeated ruling(s) to straighten out legislative flagrant gerrymandered of election districts across the state to the point the legislative body has postponed elections to 'work out the issues'!
Funny thing about Cincinnati, the southerners call us northerners and northerners call us southerners. I guess I was not wearing the right hat when reading your post.
 

Cups

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North Carolina
OC'ing at my local Wal-Mart today. A man who was CC'ing struck up a conversation with me about my pistol. Had a friendly chat. Thankfully he didn't ask me to pull it out and or if I wanted to see his. :) Turned out he was married into the family that owns my local gun shop.
 

ron73440

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Mar 3, 2013
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Suffolk VA
I went to Raleigh a early in May, my son works in a restaurant down there. They sell beer, but living in VA, I forgot about the prohibition on OC'ing into a place that serves alcohol.

Is that still a thing? No one said anything, so no harm no foul, I guess.

Also went to H-Mart and had no problems from anyone, did get some funny looks, but no big deal.
 

solus

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I went to Raleigh a early in May, my son works in a restaurant down there. They sell beer, but living in VA, I forgot about the prohibition on OC'ing into a place that serves alcohol.

Is that still a thing? No one said anything, so no harm no foul, I guess.

Also went to H-Mart and had no problems from anyone, did get some funny looks, but no big deal.
per 14-269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.
(a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

just a point in passing...

added: opps...https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.3.html#:~:text=(a)%20It%20shall%20be%20unlawful,of%20a%20Class%201%20misdemeanor.
 
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bc.cruiser

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Fayetteville NC
I use the following portion of what Solus posted: (b) This section shall not apply to any of the following: (3) A person participating in the event, if the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event.

"Event" is undefined; if the owner or your host allows it, then you are okay. If the business is unposted, I do it without making a production out of it. YMMV because IANAL.
 

REDFIVE48

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Charlotte, NC
I use the following portion of what Solus posted: (b) This section shall not apply to any of the following: (3) A person participating in the event, if the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event.

"Event" is undefined; if the owner or your host allows it, then you are okay. If the business is unposted, I do it without making a production out of it. YMMV because IANAL.
I use section 5 of the Shall not apply to section
(5) A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S. 14-415.25. This subdivision shall not be construed to permit a person to carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14-415.11(c). (1977, c. 1016, s. 1; 1981, c. 412, s. 4; c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c); 2013-369, s. 3.)

I have a government issued permission slip but still OC since it doesn't require you to conceal, just have the CHP.

This is different to:
§ 14-277.2. Weapons at parades, etc., prohibited
(d) The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter
 

solus

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I use section 5 of the Shall not apply to section
(5) A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S. 14-415.25. [1] This subdivision shall not be construed to permit a person to carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14-415.11(c). (1977, c. 1016, s. 1; 1981, c. 412, s. 4; c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c); 2013-369, s. 3.)

I have a government issued permission slip but still OC since it doesn't require you to conceal, just have the CHP.

[2] This is different to:
§ 14-277.2. Weapons at parades, etc., prohibited
(d) The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter
[1] § 14-415.11. Permit to carry concealed handgun; scope of permit.
(c) Except as provided in G.S. 14-415.27, [ 14-415.27. Expanded permit scope for certain persons.] a permit does not authorize a person to carry a concealed handgun in any of the following:
(1) Areas prohibited by G.S. 14-269.2, 14-269.3, [ Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.] and 14-277.2. [2<<< lookie here is the parade cite!!]


guess what redfive48, et al...you'al will be/are in violation of NC's convoluted & loop'd loop'd & circular privilege permit statutes and if you OC in those places where they serve and consume as well as at parades now could be charged by nice NC LEs for a firearm violation where you will spend $$$ getting yourself extracted out of the judicial system...
 

color of law

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What solus says statutorily is true, but none of that applies to open carry (carry in a court may be an exception) as the NC Constitution denies the legislator (Article I, Section 30) authority to regulate the right to keep and bear arms; shall not be infringed.

As the opening statement to Article I, Declaration of Rights says:
That the great, general, and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and government of the United States and those of the people of this State to the rest of the American people may be defined and affirmed, we do declare that:
Effectively, the state declares that they have no authority to regulate the keeping and openly bearing of arms.
In other words, to not violate the Constitution in establishing conceal carry as a privilege, open carry must remain a right of the people and may not be regulated.

And yes, the price of freedom in not free.
 

REDFIVE48

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[1] § 14-415.11. Permit to carry concealed handgun; scope of permit.
(c) Except as provided in G.S. 14-415.27, [ 14-415.27. Expanded permit scope for certain persons.] a permit does not authorize a person to carry a concealed handgun in any of the following:
(1) Areas prohibited by G.S. 14-269.2, 14-269.3, [ Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.] and 14-277.2. [2<<< lookie here is the parade cite!!]


guess what redfive48, et al...you'al will be/are in violation of NC's convoluted & loop'd loop'd & circular privilege permit statutes and if you OC in those places where they serve and consume as well as at parades now could be charged by nice NC LEs for a firearm violation where you will spend $$$ getting yourself extracted out of the judicial system...
Now that is hard to read due to as you correctly state, convoluted loop on loop laws, but even in the convolution, I believe I am perfectly legal.
14-415.11 Scope of CHP says can't carry a concealed handgun where they serve alcohol
14-269.3 says can't carry a weapon into place that serves alcohol, unless you have a concealed handgun permit

with both of those stated, the only way to carry a handgun in a place that serves alcohol is with the carve outs in 269.3:
owner / representative
event definition
or Open Carry with a CHP (since concealed carry is illegal via 14.415.11 there)

Of course any DA or LEO can decide to F around all they want, but if they are really there to charge you under 14.269.3, then likely don't know about 14-415.11 language that didn't get scrubbed when HB937 was passed.

I'm not a lawyer, but I can read and that appears to be how the two sections of criminal statutes reads to me, unless someone else can explain an alternative comprehension?
 

solus

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snipp... I believe I am perfectly legal. snippp...

Of course any DA or LEO can decide to F around all they want, but if they are really there to charge you, snippp...

I'm not a lawyer, but I can read and that appears to be how the two sections of criminal statutes reads to me, unless someone else can explain an alternative comprehension?
redfive48, et.al., less than two years ago i got embroiled into a situation where i thought i was perfectly legal but which cost me $$$ and 9 months of my time and numerous court appearances and two other individuals assisting me to stay out of jail...max time was year in jail and fine.

all because the complainant thought they were 'connected' and the responding county sheriff's deputy heeded that connection and as my complaint read, quote:

"...while i [deputy] disagree, the complainant insists i pursue this complaint because the complainant states mr solus disrespected the complainant and his adult daughter during this event!"

[judge or prosecutor nor deputy could tell me what disrespecting someone had to do with statutory law or how the complainant was disrespected!]

besides the complainant, the judge as well as prosecutor refused to dismiss the charges as well as the judicial system refused to provide any of the items we requested numerous times via legal motion; the court also refused to follow speed trial mandates.

finally, the court agreed, four months after the motion was filed, to dismiss the charges.

yes...i was legal and this event wasn't a buck-listed activity on my get olde list!

this isn't an isolated incident as there are several cases documented on this very forum where after long drawn out legal defense activities...charges were dismissed...

best on your perception of 'perfectly legal' as you carry...
 
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solus

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ran to town to pick up some 'bowls' from Chipotle, of course OC'g, pulled into a parking spot and found a local PD right behind me...who turned into a parking spot in front of the business...[whew though i did something!]

walked though the door the nice LE was leaving and bout dropped his to go order as he noticed my SD handgun on my hip...i walked to the order line as i didn't even acknowledge his glance...

life is good...
 

color of law

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ran to town to pick up some 'bowls' from Chipotle, of course OC'g, pulled into a parking spot and found a local PD right behind me...who turned into a parking spot in front of the business...[whew though i did something!]

walked though the door the nice LE was leaving and bout dropped his to go order as he noticed my SD handgun on my hip...i walked to the order line as i didn't even acknowledge his glance...

life is good...
Could it be perceived as giving him the cold shoulder? Or did you ignore him with a smile on your face?
 
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