- 19 Sep 2017 16:05
#14844674
I had heard that North Carolina was an open carry state in regards to firearms, but apparently that is not true. So it appears that there was a fix in by the mayor and the governor, for if they had enforced this law against the protesters, then they would also have to enforce it against the anti-protesters, who also brought weapons covered under this law.
NORTH CAROLINA FIREARMS LAWS
III. POSSESSING AND CARRYING FIREARMS
A. Carrying Concealed Weapons
North Carolina law strictly controls the ability of individuals to carry weapons concealed. Except under the limited concealed handgun permit provisions of State law, described in Sections III. B. and III. C. of this publication, and the exemptions set out below, it is unlawful for any person in North Carolina, except when on his/her own premises, to willfully and intentionally carry concealed, either on or about his/her person, any
"Bowie Knife, dirk, dagger, slungshot, loaded cane, metallic knuckles, razor, shurikin, stungun, or other deadly weapon of like kind."
Specifically exempted from the requirements of this law are ordinary pocket knives carried in a closed position. An ordinary pocket knife is defined as being "a small knife, that is designed to be carried in a pocket or purse, which has its cutting edge and point entirely enclosed by its handle. The knife must not be capable of being opened by a throwing, explosive, or spring
action." N.C. Gen. Stat. § 14-269.
Whether, in a given case, a weapon is concealed from the public is a question of fact. By using the phrase "concealed about his or her person," this law makes it illegal to have a weapon concealed not only on a person, but also within a person's convenient control and easy reach.
Only certain categories of persons in North Carolina are allowed, in particular circumstances, to carry concealed weapons. Concealed handgun permits will be discussed in detail later in the publication. The following categories of persons are generally exempt from the restriction of North Carolina's concealed weapons laws:
1. Officers and enlisted personnel of the armed forces of the United States when in the discharge of their official duties as such and when acting under orders requiring them to carry arms and weapons;
2. Civil and law enforcement officers of the United States;
3. Officers and soldiers of the Militia and the National Guard when called to actual service and any member of the N.C. National Guard who has a valid concealed handgun permit, has been designated by the N.0 Adjutant General, and is acting in the discharge of his/her duties, so long as the member is not consuming alcohol or unlawful controlled substances;
4. Officers of the State, or of any county, city, or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties;
5. Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24.
Except for district attorneys, the person shall not carry a concealed weapon at any time while in a courtroom. None of these people can carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The
district attorney, assistant district attorney, or investigator must secure the weapon in a locked compartment when it is not carried on his/her person;
6. Any person who is a qualified retired law enforcement officer as defined in G.S. § 14-415.10 and meets any one (1) of the following conditions:
a. Is the holder of a concealed handgun permit issued in accordance with
Article 54B of Chapter 14.
b. Is exempt from obtaining a permit pursuant to G.S. § 14-415.25.
c. Is certified by the North Carolina Criminal Justice Education and Training
Standards Commission pursuant to G.S. § 14-415.26;
7. Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that: (i) the firearm is in a closed compartment or container within the locked vehicle; or (ii) the firearm is in a locked container securely affixed to the vehicle;
8. State probation or parole certified officers, State corrections officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body;
9. Sworn law enforcement officers, when off duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body;
10. Any person who is a North Carolina district court judge, North Carolina superior court judge, North Carolina magistrate, or a N. C. administrative law judge who has a concealed handgun permit, provided that the person cannot carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. A district or superior court judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on his/her person;
11. Any person who is serving as a clerk of court or register of deeds and has a valid concealed handgun permit, provided that the person cannot carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in his/her body. The clerk of court or register of deeds must secure the weapon in a locked compartment when the weapon is not on his/her person. This allowance does not apply to assistants, deputies or other employees of the clerk or register of deeds;
12. Any individual with a valid concealed handgun permit (under either North Carolina law or the law of issuance) provided the weapon is a handgun, is in a closed compartment or container within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by State government.
13. Any person employed by the Department of Public Safety who has a valid concealed handgun permit and has been designated in writing by the Secretary of the Department to carry a firearm.
E. Areas Where Weapons Are Prohibited
1. Schools
2. Assemblies and Establishments
3. State Buildings
4. Events Occurring In Public Places
North Carolina law further makes it unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any public place, owned or under the control of the State of North Carolina, or any of its political subdivisions, to willfully or intentionally possess, or have immediate access to any dangerous weapon. N.C. Gen. Stat. § 14-277.2.
Persons exempted from the provisions of N.C. Gen. Stat. § 14-269(b) are not bound by this prohibition. These persons are set forth in Paragraph III. A. of this publication.
This prohibition also does not apply to the concealed carry of a handgun at a parade or funeral procession by a person with a valid permit to carry a concealed handgun, or by someone who is exempt from obtaining a permit pursuant to N.C. Gen. Stat. § 14-415.25.
However, no person, irrespective of a permit or ability to carry without a permit, may carry a concealed handgun on any premises where the person in legal possession or control has posted a conspicuous notice prohibiting the carrying of a concealed handgun.
5. Areas of Emergency and Riots
Pursuant to North Carolina's Emergency Management Act (Chapter 166A of the General Statutes) local governments may impose restrictions on dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices when a state of emergency is declared, but may not impose restrictions on lawfully possessed firearms.
6. Going Armed To The Terror Of The People
By common law in North Carolina, it is unlawful for a person to arm him/herself with any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public highways in a manner to cause terror to others. The North Carolina Supreme Court states that any gun is an unusual and dangerous weapon for purposes of this offense. Therefore, persons are cautioned as to the areas they frequent with firearms.
http://www.ncdoj.gov/getdoc/32344299-a2 ... -Laws.aspx
NORTH CAROLINA FIREARMS LAWS
III. POSSESSING AND CARRYING FIREARMS
A. Carrying Concealed Weapons
North Carolina law strictly controls the ability of individuals to carry weapons concealed. Except under the limited concealed handgun permit provisions of State law, described in Sections III. B. and III. C. of this publication, and the exemptions set out below, it is unlawful for any person in North Carolina, except when on his/her own premises, to willfully and intentionally carry concealed, either on or about his/her person, any
"Bowie Knife, dirk, dagger, slungshot, loaded cane, metallic knuckles, razor, shurikin, stungun, or other deadly weapon of like kind."
Specifically exempted from the requirements of this law are ordinary pocket knives carried in a closed position. An ordinary pocket knife is defined as being "a small knife, that is designed to be carried in a pocket or purse, which has its cutting edge and point entirely enclosed by its handle. The knife must not be capable of being opened by a throwing, explosive, or spring
action." N.C. Gen. Stat. § 14-269.
Whether, in a given case, a weapon is concealed from the public is a question of fact. By using the phrase "concealed about his or her person," this law makes it illegal to have a weapon concealed not only on a person, but also within a person's convenient control and easy reach.
Only certain categories of persons in North Carolina are allowed, in particular circumstances, to carry concealed weapons. Concealed handgun permits will be discussed in detail later in the publication. The following categories of persons are generally exempt from the restriction of North Carolina's concealed weapons laws:
1. Officers and enlisted personnel of the armed forces of the United States when in the discharge of their official duties as such and when acting under orders requiring them to carry arms and weapons;
2. Civil and law enforcement officers of the United States;
3. Officers and soldiers of the Militia and the National Guard when called to actual service and any member of the N.C. National Guard who has a valid concealed handgun permit, has been designated by the N.0 Adjutant General, and is acting in the discharge of his/her duties, so long as the member is not consuming alcohol or unlawful controlled substances;
4. Officers of the State, or of any county, city, or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties;
5. Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24.
Except for district attorneys, the person shall not carry a concealed weapon at any time while in a courtroom. None of these people can carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The
district attorney, assistant district attorney, or investigator must secure the weapon in a locked compartment when it is not carried on his/her person;
6. Any person who is a qualified retired law enforcement officer as defined in G.S. § 14-415.10 and meets any one (1) of the following conditions:
a. Is the holder of a concealed handgun permit issued in accordance with
Article 54B of Chapter 14.
b. Is exempt from obtaining a permit pursuant to G.S. § 14-415.25.
c. Is certified by the North Carolina Criminal Justice Education and Training
Standards Commission pursuant to G.S. § 14-415.26;
7. Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that: (i) the firearm is in a closed compartment or container within the locked vehicle; or (ii) the firearm is in a locked container securely affixed to the vehicle;
8. State probation or parole certified officers, State corrections officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body;
9. Sworn law enforcement officers, when off duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body;
10. Any person who is a North Carolina district court judge, North Carolina superior court judge, North Carolina magistrate, or a N. C. administrative law judge who has a concealed handgun permit, provided that the person cannot carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. A district or superior court judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on his/her person;
11. Any person who is serving as a clerk of court or register of deeds and has a valid concealed handgun permit, provided that the person cannot carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in his/her body. The clerk of court or register of deeds must secure the weapon in a locked compartment when the weapon is not on his/her person. This allowance does not apply to assistants, deputies or other employees of the clerk or register of deeds;
12. Any individual with a valid concealed handgun permit (under either North Carolina law or the law of issuance) provided the weapon is a handgun, is in a closed compartment or container within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by State government.
13. Any person employed by the Department of Public Safety who has a valid concealed handgun permit and has been designated in writing by the Secretary of the Department to carry a firearm.
E. Areas Where Weapons Are Prohibited
1. Schools
2. Assemblies and Establishments
3. State Buildings
4. Events Occurring In Public Places
North Carolina law further makes it unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any public place, owned or under the control of the State of North Carolina, or any of its political subdivisions, to willfully or intentionally possess, or have immediate access to any dangerous weapon. N.C. Gen. Stat. § 14-277.2.
Persons exempted from the provisions of N.C. Gen. Stat. § 14-269(b) are not bound by this prohibition. These persons are set forth in Paragraph III. A. of this publication.
This prohibition also does not apply to the concealed carry of a handgun at a parade or funeral procession by a person with a valid permit to carry a concealed handgun, or by someone who is exempt from obtaining a permit pursuant to N.C. Gen. Stat. § 14-415.25.
However, no person, irrespective of a permit or ability to carry without a permit, may carry a concealed handgun on any premises where the person in legal possession or control has posted a conspicuous notice prohibiting the carrying of a concealed handgun.
5. Areas of Emergency and Riots
Pursuant to North Carolina's Emergency Management Act (Chapter 166A of the General Statutes) local governments may impose restrictions on dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices when a state of emergency is declared, but may not impose restrictions on lawfully possessed firearms.
6. Going Armed To The Terror Of The People
By common law in North Carolina, it is unlawful for a person to arm him/herself with any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public highways in a manner to cause terror to others. The North Carolina Supreme Court states that any gun is an unusual and dangerous weapon for purposes of this offense. Therefore, persons are cautioned as to the areas they frequent with firearms.
http://www.ncdoj.gov/getdoc/32344299-a2 ... -Laws.aspx
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