NC OC experience reports

[Ruger]

Well, let me put it this way: I'm not going to call the grocery store every time before I go shopping to make sure that they aren't giving out samples of wine.

Also, if I'm already there shopping and I happen to walk past a table where someone is giving out samples, I really don't feel the need to leave my cart where it is & exit the store.

Maybe I'm naive, but I really can't see somebody getting hauled off to jail & subsequently charged & convicted of any crime in such a situation.

 

[sultan62]

I agree that you're unlikely to get convicted. However, you are more likely to get arrested. If it was at a grocery store, I'd still go. If it was at a wine store, I might leave.

What's really ridiculous is that while I can't OC into an institution where alcohol is sold and consumed, I can have a BAC of 0.2 and OC and be completely legal. I don't think there should be a limit against drinking while carrying, or even carrying while drunk (though I think such a decision would be irresponsible and stupid), but doesn't it make more sense to be able to carry into the place but not drink, rather than just put it back on when you walk out drunk?

 

[chiefjason]

Most of my OC trips have been completely uneventful lately. That's good. I had one today that was interesting in a good way.

I picked up my step dad to go put a tree stand up for him. We had to go on the other side of Hickory to get the stand from his son. On the way to the property we stopped for some drinks and to find some deer corn. No one at the gas station noticed I was carrying. They directed us across the road to a little pipe shop on Hwy 16 that sells deer corn. Yeah, you get random things like that when you get out of the urban areas. Like gas, bait, groceries, movie rentals, and tanning beds in a run down gas station. We went in the pipe shop to ask if they had any corn left. The lady came out front, stuttered a bit, looked at me and said, "Sorry, I just got a bit nervous. I don't see folks carrying a gun on their hip every day." My step dad later admitted he did not notice it either. Never mind that we had been riding in a truck together for 45 minutes. My reply to her was, "It's not for you." Said with a large smile. Then she started talking about wanting a CCP. We spent the next 5-10 minutes talking guns, classes, where to go, who to talk to, where to rent guns to try them out, and generally trying to steer her in the right direction for some training and a permit. I chalk that one up for the good guys.

 

[nobama]

This happened to me at K ville Lowes. They were giving free samples of beer. The lady let me sample some,Yum. Yes I was OCing. The samples were tiny though.

 

[farkles]

this is a bit tricky.

on one hand, alcohol is being sold.
on a day they are tasting, it is being consumed.
therefore, alcohol is being sold and consumed.

however, those purchasing the alcohol aren't imbibing in it, ergo alcohol is not being sold and consumed at the same time.

i think if someone were to get cuffed for this, it would be tricky to fight for both sides

I think of this sort of like the NRA members did at the Marriott at the convention in Charlotte this year. I believe the Marriott posted signs saying that it was illegal to carry a gun in their lobby or while checking in because there is a restaurant in the lobby area and therefore the whole area is off limits. One of the members then proceeded to go to the font desk, stand there and ordered a few beers for him to consume while at the front desk. Clearly, the front desk does not sell nor allow open consumption of alcohol at that particular area of the lobby, therefore it would not be off limits.

I would similarly say that no grocery store would allow you to bring in booze and guzzle while you are shopping, nor would they let you buy a bottle of wine and drink it while you shop. Still doesn't prove there aren't grounds for arrest if the right cop wanted to push it, but think this is a reasonable case a smarter person than me could argue.

 

[FLEMTP]

just wanted to share

I was out driving home the other night and came across a police drivers license checkpoint. I had my pistol on me, and was in my open carry holster, but had a jacket on because i was a bit chilly (yes, im a floridian, i know.. im a *****) and as soon as the LEO approached I let him know I had a CWP from FL and I have my pistol on me. He asked where it was, and I told him. He asked for my license, looked at it for all of three seconds.. asked me why i was in NC (visiting family) and he said have a good night, be safe.

Nice, quick, painless and simple!

The next day I stopped into chik-fil-a for dinner, and sat a table away from three CMPD officers eating dinner. Im sure they noticed the pistol because I had to walk past them a couple of times to get napkins and such, but no one said a word, they ate their meal, and nodded at me on the way out the door.

Its nice to know I can OC and not be made to feel like a criminal for exercising my constitutional rights!

Thanks to all of you who worked to make it painless and easy for me to OC when im here!

And hats off to the CMPD for being professional and courteous during my interaction with them!

 

[Preble]

I'm glad that you had good encounters.

I never really had a bad encounter with a LEO, but im sure it will happen.

 

[Smith45acp]

What's really ridiculous is that while I can't OC into an institution where alcohol is sold and consumed, I can have a BAC of 0.2 and OC and be completely legal.

Can you point me to that G.S.?

 

[cricketdad]

I think of this sort of like the NRA members did at the Marriott at the convention in Charlotte this year. I believe the Marriott posted signs saying that it was illegal to carry a gun in their lobby or while checking in because there is a restaurant in the lobby area and therefore the whole area is off limits. One of the members then proceeded to go to the font desk, stand there and ordered a few beers for him to consume while at the front desk. Clearly, the front desk does not sell nor allow open consumption of alcohol at that particular area of the lobby, therefore it would not be off limits.

I would similarly say that no grocery store would allow you to bring in booze and guzzle while you are shopping, nor would they let you buy a bottle of wine and drink it while you shop. Still doesn't prove there aren't grounds for arrest if the right cop wanted to push it, but think this is a reasonable case a smarter person than me could argue.

That would be GRNC president Paul Valone and he ordered a mixed drink. I was one of the people Marriott could have screwed big time the two days I was there.

 

[sultan62]

Can you point me to that G.S.?

As is the case with most law, there is no statute saying you CAN drink and carry.

However, the only law I've found regarding carry and alcohol is related to concealed carry:

§ 14‑415.11. Permit to carry concealed handgun; scope of permit.
...
(c) A permit does not authorize a person to carry a concealed handgun in the areas prohibited by G.S. 14‑269.2, 14‑269.3, 14‑269.4, and 14‑277.2, in an area prohibited by rule adopted under G.S. 120‑32.1, in any area prohibited by 18 U.S.C. § 922 or any other federal law, in a law enforcement or correctional facility, in a building housing only State or federal offices, in an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government, a financial institution, or on any other premises, except state‑owned rest areas or state‑owned rest stops along the highways, where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts.
...

 

[Smith45acp]

As is the case with most law, there is no statute saying you CAN drink and carry.

However, the only law I've found regarding carry and alcohol is related to concealed carry:

It was the specificity of the ".02" that got my attention. I figured it came from somewhere.

 

[sultan62]

It was the specificity of the ".02" that got my attention. I figured it came from somewhere.

No, sorry. It was actually 0.2. My intention was to show that it's perfectly legal to be drunk off your ass and OC, but not carry into a restaurant that serves it.

 

[Smith45acp]

No, sorry. It was actually 0.2. My intention was to show that it's perfectly legal to be drunk off your ass and OC, but not carry into a restaurant that serves it.

Ahhh! mea culpa! Makes a lot more sense now and good point.

What are the chances we could get restaurant carry one day? Doesn't VA allow that?

 

[cricketdad]

Ahhh! mea culpa! Makes a lot more sense now and good point.

What are the chances we could get restaurant carry one day? Doesn't VA allow that?

Yes VA allows it. Just got it. Took them 15 years of hard work.

You want to see it here.....We have to change the face of the General Assembly. Get involved with your local elections and put pro gun people in office.

 

[sultan62]

Two main goals for me in NC-restaurant carry and preemption. I haven't done anything to achieve these yet, but I'm planning on it.

 

[cricketdad]

Two main goals for me in NC-restaurant carry and preemption. I haven't done anything to achieve these yet, but I'm planning on it.

I just looked at Johnson County, the Senator and the two representatives for this area are all pro gun, lucky you.

 

[Dreamer]

Yes VA allows it. Just got it. Took them 15 years of hard work.

You want to see it here.....We have to change the face of the General Assembly. Get involved with your local elections and put pro gun people in office.

Not entirely true...

VA has had OC in venues that serve alcohol all along--for YEARS. Restaurants, bars, whatever...

What changed in July of 2010 is that they can now legally CC in such a venue. Previously in VA, CC was prohibited in venues that served alcohol. This is where the "Virginia Tuck" came from. If you were CCing and went to a restaurant that serves alcohol, you had to either leave your firearm in the vehicle, or tuck your shirt or jacket behind the butt of your handgun so it was clearly visible and OCed...

Now, in VA, you can carry however you want in such venues--CC or OC.

Almost EVERY state in the mid-Atlantic region allows carry of some sort in veues that serve alcohol. VA, WV, PA all have the same law how--CC and OC is OK. Even in the Peopled Republic of MD, if you have one of the elusive MD carry permits, you may CC (or OC if local laws don't prohibit "public display") in such a venue. Even NY allows carry in such establishments if you have a permit...

NC and SC are the two lone holdouts on the east coast on this matter.

GRNC is working on getting this law dropped. Hopefully SAF can help us out with some strategically-filed lawsuits in the future...

The NC law that forces lawful gun owners to leave their firearms in their unattended vehicles while in a restaurant, bar, or movie theater (or any other venue that serves alcohol or charges admission) actually AID criminals in their eveil deeds, and are immoral on their face. Over half the firearms stolen in NC are stolen from vehicles. We should be lawfully able to keep our firearms where they are the most safe and secure--On OUR HIPS--when we are out and about.

Forcing us to leave our firearms not only leaves us defenseless, but it GREATLY increases the chances that those guns will end up in the hands of violent , felonious criminals. These laws actually CONTRIBUTE to the crime problem in our state, and have NEVER ONCE stopped or prevented a crime, and they need to be changed NOW.

 

[papa bear]

i ran into that dilemma the other day. i was wanting to take my daughter to supper for her birthday. the only places she wanted to go served alcohol. which made me think, there's darn few places a person can go

i did take my grandchildren to golden coral, i don't think anyone even noticed . of course my grandchildren are extraordinarily bright and beautiful, so that could have distracted everyone

 

[cricketdad]

Not entirely true...

VA has had OC in venues that serve alcohol all along--for YEARS. Restaurants, bars, whatever...

What changed in July of 2010 is that they can now legally CC in such a venue. Previously in VA, CC was prohibited in venues that served alcohol. This is where the "Virginia Tuck" came from. If you were CCing and went to a restaurant that serves alcohol, you had to either leave your firearm in the vehicle, or tuck your shirt or jacket behind the butt of your handgun so it was clearly visible and OCed...

Now, in VA, you can carry however you want in such venues--CC or OC.

Almost EVERY state in the mid-Atlantic region allows carry of some sort in veues that serve alcohol. VA, WV, PA all have the same law how--CC and OC is OK. Even in the Peopled Republic of MD, if you have one of the elusive MD carry permits, you may CC (or OC if local laws don't prohibit "public display") in such a venue. Even NY allows carry in such establishments if you have a permit...

NC and SC are the two lone holdouts on the east coast on this matter.

GRNC is working on getting this law dropped. Hopefully SAF can help us out with some strategically-filed lawsuits in the future...

The NC law that forces lawful gun owners to leave their firearms in their unattended vehicles while in a restaurant, bar, or movie theater (or any other venue that serves alcohol or charges admission) actually AID criminals in their eveil deeds, and are immoral on their face. Over half the firearms stolen in NC are stolen from vehicles. We should be lawfully able to keep our firearms where they are the most safe and secure--On OUR HIPS--when we are out and about.

Forcing us to leave our firearms not only leaves us defenseless, but it GREATLY increases the chances that those guns will end up in the hands of violent , felonious criminals. These laws actually CONTRIBUTE to the crime problem in our state, and have NEVER ONCE stopped or prevented a crime, and they need to be changed NOW.

That is why November is SO important. Two people MUST go, Holliman and Ross.

Seems like every pro gun bill goes to Ross's committee and she won't bring them up for consideration. Holliman is her boss and wont press her to move the bills. Holliman can be beat. Ross will be very difficult.

 

[cricketdad]

i ran into that dilemma the other day. i was wanting to take my daughter to supper for her birthday. the only places she wanted to go served alcohol. which made me think, there's darn few places a person can go

i did take my grandchildren to golden coral, i don't think anyone even noticed . of course my grandchildren are extraordinarily bright and beautiful, so that could have distracted everyone

Several years ago the GA changed the law dealing with children sitting in boaster seats in cars. Under the old law my granddaughter was old enough and big enough. Under the new law she was not old enough by a few months. I refused to buy a new seat for a few months. Wife asked what I would do if I got caught. Told her pay the fine. She then asked what kind of lesson was I teaching my granddaughter. My reply - civil disobedience.

The moral of the story, my firearm goes where I go.