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Old 12-20-2012, 21:06   #1
Airborne Renegade
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"terror to the public"

I am stationed out of Fort Bragg, NC. The state is an open carry state which is nice but I met a guy who was arrested under a law called "terror to the public". According to him he was open carrying a 44 mag revolver at a Walmart when somebody called the police on him. Apparently he said the person who called was frightened by the fact that he was displaying a pistol. Is he just blowing smoke at me or is this a real thing. If anyone has any insight on this I would appreciate it. I have open carried almost everyday I've been here and I have not had any issues but don't want to risk arrest either.
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Old 12-20-2012, 21:55   #2
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The cops could cite you for 'disturbing the peace' also in many states.

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Old 12-20-2012, 22:19   #3
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You could be arrested (unlikely), but charges wouldn't stick. You're allowed to open carry. Other behavior could be introduced, but as long as you were behaving normally, they've got nothing on you.
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Old 12-20-2012, 22:32   #4
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Yes I suppose they could but would they with no reason? I mean if it is legal to open carry why would they harass if you are not doing anything to deserve it? I have never had any issues with the police and I am just wondering if this guys story could have really happened in the manner he says it did.
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Old 12-20-2012, 23:10   #5
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It's a real law GATTTOTP.Open carry isn't prohibited sts,just not expressly allowed.'08.
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Old 12-20-2012, 23:38   #6
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Originally Posted by kirgi08 View Post
It's a real law GATTTOTP.Open carry isn't prohibited sts,just not expressly allowed.'08.
It is as of Dec. 1, 2011:
14‑415.11
C(3)
"As provided in G.S. 14‑269.4(5), it shall be lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State‑owned rest area, at any State‑owned rest stop along the highways, and at any State‑owned hunting and fishing reservation."

I've been open carrying since I was 18 here in NC. Only once have I had the police called on me(that I know of), and that went well. If it is holstered, there is zero chance of you being convicted of GATTOP.
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Last edited by toshbar; 12-20-2012 at 23:41..
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Old 12-20-2012, 23:42   #7
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Originally Posted by Airborne Renegade View Post
Yes I suppose they could but would they with no reason? I mean if it is legal to open carry why would they harass if you are not doing anything to deserve it? I have never had any issues with the police and I am just wondering if this guys story could have really happened in the manner he says it did.
There is a missing piece of the story I guarantee.
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Old 12-20-2012, 23:53   #8
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I think the term you want is "armed to the terror of the public."

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Old 12-21-2012, 00:14   #9
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Quote:
Originally Posted by toshbar View Post
It is as of Dec. 1, 2011:
14‑415.11
C(3)
"As provided in G.S. 14‑269.4(5), it shall be lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State‑owned rest area, at any State‑owned rest stop along the highways, and at any State‑owned hunting and fishing reservation."

I've been open carrying since I was 18 here in NC. Only once have I had the police called on me(that I know of), and that went well. If it is holstered, there is zero chance of you being convicted of GATTOP.
What I meant is certain areas follow the letter of the law and certain don't IE GATTTOTP.I've never seen it charged in WNC,whereas it happens more frequently in the eastern side of the state.I'm a OC advocate.'08.
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Old 12-21-2012, 00:40   #10
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Toshbar, I am also starting to believe there is more to the story than he is telling me. I think if your doing the right thing then all is good. If you don't mind me asking how exactly did it go when you had the police called on you? Also, we're they called by a nosy citizen for no GOOD reason?
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Old 12-21-2012, 01:51   #11
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Even though Michigan is an "open carry" state, I have never carried openly and never intend to.

However, I do support the law as it does make it harder for an overzealous cop, or prosecutor to screw with us if our gun should be accidentally exposed.

We also have a contradiction of laws which allows open carry in some areas, if the the person has a CPL, but the same person cannot carry his/her gun concealed there.

As you can imagine this is confusing and carrying in these areas is not worth risk of being arrested, charged and or convicted.
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Old 12-21-2012, 08:03   #12
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There are a lot of different stipulations on cc and oc. It also changes every ten miles of distance you cover. I am a fan of both styles of carry. I PREFER to cc only to keep nosy bystanders minding their own business and out of mine. I also don't mind oc. Is a matter of fact I love to oc my glock 21, I mean come on would you start something with a dude that you knew for a fact had at least 13 rounds of .45 jhp?? I also saw a man and his wife the other day at SAMs club and their son (who I'm assuming was of age) was open carrying a glock 19 in a drop leg holster. I commended the couple and they commended me back. It's almost like a brotherhood. I love to carry and I personally think of handgun as American Express, I never leave home without it!!
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Old 12-21-2012, 08:26   #13
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About open carry and concealed carry, I'd try to work out the mood of the place and respect people's views about firearms before open carrying, even if totally legal.

Some idiots think that guns = crime, and unfortunately they reproduce (the idiots, that is, not the guns).
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Old 12-21-2012, 09:09   #14
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"going armed to the terror of the public" in NC is not statutory law, but common law. Plus the weapon has to be "unusual".....like a LAW rocket launcher, RPG, etc. Standard rifles, shotguns, handguns, do not count. A good lawyer should be able to make that charge go away by dismissal or not guilty.
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Old 12-21-2012, 09:13   #15
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Originally Posted by Airborne Renegade View Post
Toshbar, I am also starting to believe there is more to the story than he is telling me. I think if your doing the right thing then all is good. If you don't mind me asking how exactly did it go when you had the police called on you? Also, we're they called by a nosy citizen for no GOOD reason?
It was the day the tornado went through downtown Raleigh and Sanford about 1.5 years ago. I was eating at Sonic in Siler City with a friend and Siler City PD rolls up. One officer at first, then another came. Everything went fine. We talked about everything except guns.

He explained that someone had called complaining that I had a gun and it 'was showing'....whatever that means. Let alone, a few cars down there was a truck with a tasmanian pit bull terrier that i was 99.7% sure was going to jump out of the bed. Nah, lets worry about the guy eating dinner just like everyone else........
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Old 12-21-2012, 09:16   #16
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Town of Cary does prohibit open carry on streets, sidewalks, and other public property, but private property and businesses are okay as long as they aren't posted.

Durham has some dumb minimum overall length requirement for OC. I think it's 6" or so.


I am part of Students for Concealed Carry on Campus at NC State and one of our members actually was arrested 'for carrying a concealed weapon' while he was clearly open carrying. He paid $3k to a lawyer and got the charges dropped, but I don't understand how it would NOT have been dropped as soon as the DA heard the account of the officers. Probably would have went something like "We showed up on scene and saw a man with a pistol on his hip......" DUHHHH
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Last edited by toshbar; 12-21-2012 at 09:19..
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Old 12-21-2012, 10:51   #17
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Law

Ranger, thank you for your service! I was born at Fort Bragg and have lots of good memories there.

I believe that "going armed to the terror of the public" is statutory law. Been on the books for many years but the elements required for arrest are rather narrowly defined. If you do some research I think you will find that, while you might be bothered by a police officer, in order for a conviction, case law requires an "intent" to terrorize and, strictly read, the law states "on the highways" - but I am speaking from memory as it has been a long time since that class.
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Old 12-21-2012, 11:01   #18
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Originally Posted by HarleyGuy View Post
...
As you can imagine this is confusing and carrying in these areas is not worth risk of being arrested, charged and or convicted.
As has been said in this forum before "open carry when and where appropriate." That probably means, in at least some cases, not just where we think it is appropriate but also where the community at large thinks it is appropriate or at least not unusual.


Quote:
Originally Posted by Lior View Post
About open carry and concealed carry, I'd try to work out the mood of the place and respect people's views about firearms before open carrying, even if totally legal.

....
A better way to say what I was trying to say

Quote:
Originally Posted by JackMac View Post
"going armed to the terror of the public" in NC is not statutory law, but common law. Plus the weapon has to be "unusual".....like a LAW rocket launcher, RPG, etc. Standard rifles, shotguns, handguns, do not count. A good lawyer should be able to make that charge go away by dismissal or not guilty.
I would have guessed that when an actual arrest has been made that there needs to be an actual statute as opposed to common law. Also wonder if the "unusual" part deals with the total circumstances and not just the type of weapon. Presuming that rocket launchers may not have been around when common law addressed this issue.

A good lawyer probably can make the charge be dropped. Question that comes to mind is how much does a good lawyer cost.

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...I am part of Students for Concealed Carry on Campus at NC State and one of our members actually was arrested 'for carrying a concealed weapon' while he was clearly open carrying. He paid $3k to a lawyer and got the charges dropped, but I don't understand how it would NOT have been dropped as soon as the DA heard the account of the officers. ......"
3000 sounds like a bargain for a criminal defense. But it still sounds like alot of money. I would want to avoid the expense and the stress.
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Last edited by Bruce M; 12-21-2012 at 11:01..
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Old 12-21-2012, 15:40   #19
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Quote:
Originally Posted by toshbar View Post
Town of Cary does prohibit open carry on streets, sidewalks, and other public property, but private property and businesses are okay as long as they aren't posted.

Durham has some dumb minimum overall length requirement for OC. I think it's 6" or so.


I am part of Students for Concealed Carry on Campus at NC State and one of our members actually was arrested 'for carrying a concealed weapon' while he was clearly open carrying. He paid $3k to a lawyer and got the charges dropped, but I don't understand how it would NOT have been dropped as soon as the DA heard the account of the officers. Probably would have went something like "We showed up on scene and saw a man with a pistol on his hip......" DUHHHH
BTDT,got charged CCW while the pistol was in the car and I was helping a handi-capped customer.$800 later it gets dropped and I get my pistol back.'08.
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Old 12-22-2012, 01:26   #20
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The cops could cite you for 'disturbing the peace' also in many states.

Deaf
Which is a load of crap. That shouldn't even be permitted. If OC is a legal activity in that state, he person doing the OC shouldn't be hassled.

And yet another reason I CC!
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