Open Carry in North Carolina

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Sorry if this topic has been done before. I know that kind of thing is annoying, but I really want this question answered, and no matter what I read, I cant really get a straight answer. Im wondering what the laws are on Open Carry specifically for the state of North Carolina?

I dont have my CCW yet, but I will in another month or so. Id like to practice Open Carry (please dont turn this into a thread about why OC isnt a good idea) but im not really sure where I can't carry. This is taken directly from www.ncrpa.org:

Q: I don't want to get a Concealed Handgun Permit; I just want to carry a gun openly in a holster. Is this legal?

A: In North Carolina there is no State law specifically prohibiting the open carry of firearms. Under the theory that if it isn't specifically prohibited it's not illegal, open carry is possible. There are some glaring exceptions to this. They are:

Private property owners and businesses can post "no guns."
Firearms are strictly prohibited on state-owned property, except rest areas and state lands where hunting is permitted.
Local governments can (and do) enact prohibitions against "display of firearms" in cities and/or specific areas within cities or counties, which means they can't be visible. Under this statute there is absolutely no requirement for the city or county to post notice of the display ban.
Local governments can (and do) enact firearms bans on local government property and in parks and recreational areas.
Any federally-owned property or federally-regulated property like banks and Post Offices is of course a prohibited area.
Much of the Outer Banks is "National Seashore," and firearms are prohibited in those areas.
So in theory that leaves everywhere else in the state - except for one more thing. There is a common-law offense in NC called "going armed to the terror of the people." Basically what this means is that if someone sees you carrying a firearm and calls the police to report "person with a gun," you can be charged with this offense. It's not often used in rural areas, but has been used in populated areas. If you are an out-of-state visitor who is not here lawfully hunting or engaged in some overt firearms-related event such as a competition, it will be hard to talk your way out of it.

So is open carry legal in NC? In theory, yes. In practice, maybe. It seems to us like a very good way to get arrested.


Most of that is pretty straight forward, and to the point, however, if someone can give me some examples of where it would be ok to open carry, and where it specifically wouldnt, it would be great. I read a thread a few minutes ago about someone open carrying in a restaurant. I would think that would be illegal, since it wouldnt be considered a rural area.

In other words, is it legal to walk into my local walmart with a gun on my hip? How about the gas station down the street? Wouldnt that be considered a rural area? Id like to open carry where legally possible, and where I feel its necessary, but I'd be scared my first time. I walked into a gas station to pay for gas one time with my duty belt on with my beretta, but they didnt say anything. Treated me like a regular customer. That may have something to do with the fact that I was in my security uniform... any clarity is appreciated.
 
open carry in nc

I asked all the local departments about open carry befored I taught the first class. Everyone sited the "armed to the trerror of the public" law. They said you can now get a carry permit. No need for open carry.

Once again it's grey area. Why would you want to carry open, when you can carry concealed and no one knows.

Same old dead horse. it's your choice. If you like being detained, probably arrested, then carry open.

Oh yeah, if you do decide to carry open and get arrested, you have no chance of getting a CCH in NC.
 
I lived in the state for 12+ years. During that time I never talked to a single LE officer or gun trainer or anyone who knew the state who recommended open carry even though state law APPEARS to allow it. The law is old and was enacted for reasons long since irrelevant. It interpretation is up to local LE and judges and there appears to be precious little consistency. If you get hauled in for violating carry laws you may eventually get free of the problems after your bank account is reduced.

We talked about open carry in CCH class and the following was used as an example of a reason NOT to open carry. Assume you are open carrying on your right hip. LE approaches you from the left not seeing what is on your right hip. Are you concealed or open carry? The answer is you are concealed because LE didn't see your hardware when approached. :eek:

Laws are vague and expensive to litigate. IMNSHO it ain't worth the hassle. Get a CCH permit. Open carry in NC ain't a hill worth fighting over.
 
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