Quote:
Originally Posted by The Reaper
6. Going Armed To The Terror Of The People
By common law in North Carolina, it is unlawful for a person to arm himself/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 N.C. 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.
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I'm not sure if the highlight is your quote, opinion, or interpretation, but it's entirely inaccurate when applying the charge to OC/CC in NC.
http://www.handgunlaw.us/states/northcarolina.pdf (Aug 17, 2012)
Quote:
By common law in North Carolina,
it is unlawful for a person to arm himself/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.
So this is a "3 pronged" violation. You must be armed, AND it must be your specific intent to use your weapon to terrify people, AND you must be on a public highway (which under NC law is defined as ANY roadway, sidewalk, or thoroughfare that is maintained by ANY governmental body)
If you do not meet ALL THREE of these criteria, you are NOT committing the violation of GAttTotP.
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and:
http://forum.opencarry.org/forums/sh...-Firearms-Laws
GAttTotP in NC is on the books but falls into the brandishing phase as mentioned before. NC Magistrates have laughed many LEO's out of court for attempting to use GAttTotP for folks OCing. There have been many many arrests/detainments for simply OCing, but the NC LEO's as well as the populace are becoming more educated towards this charge, thus the digital voice recorder and knowing where you stand during a street interview with an LEO.
IANAL, but a majority of LEO's that respond to MWAG calls these days are a whole lot more educated on how to handle that call than they were in, say, 2010 due to the vigilance of Grass Roots North Carolina and other involved organizations that choose to educate by legally OCing everywhere, handing out pamphlets showing that OC is legal, and holding OC rally's and lunches/dinners in just about every city/town in NC.
This started as a Kali thread, sorry to hijack with NC