imported post
North Carolina laws seem to have two sets of categories of places where you "may" not carry.
One is where you are "not authorized" and second where you are either prohibited or it is illegal or unlawful for you to carry.
First the unlawful or prohibited places:
Schools: Pretty cut and dried(Mostly felonies and some misdemeanors).
Admission charged or alcohol sold and consumed: Pretty clear here too(class 1 misdemeanor).
Some, but not all,state buildings and grounds: Clear here too(class 1 misdemeanor).
Parades, demonstrations and funeral processions.
Declared state emergencies
Where it gets fuzzy is in Section 14-415.11
It starts out saying that "Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law."
It then says the "permit does not authorize" then lists all the places prohibited above and thenlists bunch of other places "not authorized" like state office buildings and federal office buildings.
What's the point of listing those prohibited places again( 14-269.2, 14-269.3 and 14-269.4) unless it is to indicate that it is "specifically prohibited by law".
14-269.2, .3 and .4 does not specifically prohibit weapons carry with a permit so without 14-415.11(c), 14-415.11(a) would override 14-269.2, .3 and .4.
So the point of my post comes to this: Does "not authorized" mean "specifically prohibited"?
Without an otherwise general prohibition somewhere else in the code does 14-415.11(c) automatically "prohibit" carrying of concealed handgun in:
state office building; state offices; or financial institutions?
It is "unlawful" to carry a concealed handgun while drinking or having alcohol in your blood. But how about open carry while drinking or having alcohol in in your blood?
My personal opinion is that "not authorized" means that you are not empowered by this permit to override any state law, local ordinance or even any regulation or private property rights, and "not authorized" does not mean prohibited.
So I believe,in the absence of any other law, ordinance, regulation or property owner's wishes, it is not unlawful for you to conceal carry in those places.
Can someone show me how I'm wrong in my reasoning. Does anyone know of any caselaw on this subject?
Thanks,
North Carolina laws seem to have two sets of categories of places where you "may" not carry.
One is where you are "not authorized" and second where you are either prohibited or it is illegal or unlawful for you to carry.
First the unlawful or prohibited places:
Schools: Pretty cut and dried(Mostly felonies and some misdemeanors).
Admission charged or alcohol sold and consumed: Pretty clear here too(class 1 misdemeanor).
Some, but not all,state buildings and grounds: Clear here too(class 1 misdemeanor).
Parades, demonstrations and funeral processions.
Declared state emergencies
Where it gets fuzzy is in Section 14-415.11
It starts out saying that "Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law."
It then says the "permit does not authorize" then lists all the places prohibited above and thenlists bunch of other places "not authorized" like state office buildings and federal office buildings.
What's the point of listing those prohibited places again( 14-269.2, 14-269.3 and 14-269.4) unless it is to indicate that it is "specifically prohibited by law".
14-269.2, .3 and .4 does not specifically prohibit weapons carry with a permit so without 14-415.11(c), 14-415.11(a) would override 14-269.2, .3 and .4.
So the point of my post comes to this: Does "not authorized" mean "specifically prohibited"?
Without an otherwise general prohibition somewhere else in the code does 14-415.11(c) automatically "prohibit" carrying of concealed handgun in:
state office building; state offices; or financial institutions?
It is "unlawful" to carry a concealed handgun while drinking or having alcohol in your blood. But how about open carry while drinking or having alcohol in in your blood?
My personal opinion is that "not authorized" means that you are not empowered by this permit to override any state law, local ordinance or even any regulation or private property rights, and "not authorized" does not mean prohibited.
So I believe,in the absence of any other law, ordinance, regulation or property owner's wishes, it is not unlawful for you to conceal carry in those places.
Can someone show me how I'm wrong in my reasoning. Does anyone know of any caselaw on this subject?
Thanks,