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If you think OC is covered under the new HB937, READ THIS!!!

eriktherod

New member
Joined
Mar 25, 2013
Messages
1
Location
Indian Trail, NC
While I have a CHP, I prefer to OC. I was very anxious for the Oct 1st changes to go into effect and I have been curious as to what they would mean for OC (if anything). I've read through the debate here and I decided to check the writing of the law.

Let's start with the way things always had been, prior to October 1st. Both OC and CC had the restriction against places that served alcohol or charged admission:
NC 14-269.3. said:
Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.
(a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(b) This section shall not apply to the following:
(1) A person exempted from the provisions of G.S. 14-269;
(2) The owner or lessee of the premises or business establishment;
(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and
(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)

So what exactly did the law change? I am looking at the Signed into Law HB 937:

HB 937 said:
SECTION 3. G.S. 14-269.3(b) reads as rewritten:
"(b) This section shall not apply to any of the following:
(1) A person exempted from the provisions of G.S. 14-269;G.S. 14-269.
(2) The owner or lessee of the premises or business establishment;establishment.
(3) A person participating in the event, if he the person is carrying a gun, rifle,
or pistol with the permission of the owner, lessee, or person or organization
sponsoring the event; andevent.
(4) A person registered or hired as a security guard by the owner, lessee, or
person or organization sponsoring the event.
(5) A person carrying a handgun if the person has a valid concealed handgun
permit issued in accordance with Article 54B of this Chapter, has a
concealed handgun permit considered valid under G.S. 14-415.24
, or is
exempt from obtaining a permit pursuant to G.S. 14-415.25. This
subdivision shall not be construed to permit a person to carry a handgun on
any premises where the person in legal possession or control of the premises
has posted a conspicuous notice prohibiting the carrying of a concealed
handgun on the premises in accordance with G.S. 14-415.11(c)."

The modified section says that you are exempt if you are carrying a handgun as long as you have a valid permit. Again, it does not say you are exempt only when carrying a concealed handgun. I am not a lawyer, I am merely reading the law here. Interestingly, it does mention handgun specifically, so you still can't OC a rifle into the bar/restaurant/theater. :p

Why would OCing a handgun not be affected by this, given you have a valid CHP?

I don't see why they didn't just take out that entire section (14-269.3) to be honest... (unless they wanted to make OCers pay for a CHP).
 
Last edited:

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Does the state keep the permit fee, or does the sheriff (LEA) keep the fee? In Mo, the sheriff keeps the fee, the state receives no money from permits.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
Funny how these things can come down to a -comma-


"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."


"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, (comma) 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."

The second one (which I added a comma) changes the meaning. Now the question is, will the courts or the arresting officer claim the comma is assumed?

Also class 1 Misdemeanor to carry into a restaurant, but to drink up to the legal limit and then go drive off in a 2 ton deadly vehicle is perfectly LEGAL. Sheesh.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
While I have a CHP, I prefer to OC. I was very anxious for the Oct 1st changes to go into effect and I have been curious as to what they would mean for OC (if anything). I've read through the debate here and I decided to check the writing of the law.

Let's start with the way things always had been, prior to October 1st. Both OC and CC had the restriction against places that served alcohol or charged admission:

So what exactly did the law change? I am looking at the Signed into Law HB 937:



The modified section says that you are exempt if you are carrying a handgun as long as you have a valid permit. Again, it does not say you are exempt only when carrying a concealed handgun. I am not a lawyer, I am merely reading the law here. Interestingly, it does mention handgun specifically, so you still can't OC a rifle into the bar/restaurant/theater. :p

Why would OCing a handgun not be affected by this, given you have a valid CHP?

I don't see why they didn't just take out that entire section (14-269.3) to be honest... (unless they wanted to make OCers pay for a CHP).

GRNC wrote the legislation, it supports the pay to carry scheme which benefits the CC training industry, which many of the members of GRNC.
 
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