Illegal to CCW in grocery stores that sell alcohol in NC? [Archive] - Glock Talk

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Grayson
08-03-2011, 19:29
...last I checked, the law in NC was no CCW in places where alcohol is sold and consumed.

But the local paper had a story of some jackwagon who pulled his gun during an argument in a grocery store, and was arrested for:
1) Going armed to the terror of the public
2) Carrying a handgun in an establishment that sells alcohol

Now this is from the NEWSPAPER, not official police records. But I don't see how they could have screwed up that badly unless that or something very close was what they were told themselves.

Also, this store - like 99% of them in the general area - has a little deli area with some tables and chairs. I'm a teetotaler so don't laugh - I always assumed it would be frowned on for one to buy a bottle o' wine in the grocery store and then head over to the little "cafe" and proceed to down it. If not, I suppose that counts as selling alcohol to be sold and consumed? :dunno:

PS: Didn't see anything in the write-up about a charge for CCW without a permit. So unless he happened to be open-carrying, that'll be some great P.R. for the rest of us gun-packers...:rolleyes:

NC Bullseye
08-03-2011, 20:54
The newspaper is on a different planet.

There is no NC statute that makes it illegal to carry where alcohol is sold only. The statute states "any establishment in which alcoholic beverages are sold and consumed."

Now if they have a license to sell for on site consumption at their deli then he may be in deep yogurt.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.3.html

JPMuscle
08-04-2011, 03:00
Gotta remember violent crime doesnt happen where alcohol is sold and consumed

NC Bullseye
08-04-2011, 11:10
Gotta remember violent crime doesnt happen where alcohol is sold and consumed

Gotta remember, laws don't get changed unless voters let the concerns be known to their representatives, not just in gun forums.

Grayson
08-24-2011, 09:23
Not good, I did confirm with the Yancey Co. authorities that this IS how they read (and enforce, I suppose) the CCW laws. I checked with my own sheriff (different county) for his take, and he at least agrees that the "and consumed" was written for a reason.

So I guess the newspaper just printed EXACTLY what they were told...:/

BarrySDCA
08-24-2011, 09:33
there are idiot cops and DA's born every day. just because you get arrested does not mean a jury or a judge will see it the same way.

NC Bullseye
08-24-2011, 17:20
Not good, I did confirm with the Yancey Co. authorities that this IS how they read (and enforce, I suppose) the CCW laws. I checked with my own sheriff (different county) for his take, and he at least agrees that the "and consumed" was written for a reason.

So I guess the newspaper just printed EXACTLY what they were told...:/

Exactly what authorities did you get this information from? I can arrange a private lesson with the AG's office at the NC justice academy for them if you let me know who.

Grayson
09-03-2011, 10:06
Don't think that whoever I talked too gave a name...however, it seems that I'm not the only one taking an interest in this event:

http://grnc.org/alerts/alert_8_1_11.htm

NC Bullseye
09-03-2011, 11:46
Wanna bet the carry where alcohol sold and consumed charge disappears and the going armed to the terror of the people charge stays?

The guy was an idiot in his actions and the local officials are just about as bad. Their trying way too hard to make an example of that nimrod.

Grayson
09-04-2011, 09:38
I hadn't mentioned that the town has been "dry" up until recently, a year or so give or take. Since I think it's unreasonable to expect a cop (or anyone) to know the exact verbiage of every single law in the books, I can see how the initial charge could have been an honest mistake.

But given the town's and DA's reaction to it...maybe not?

It's established that the store does not have a license to serve alcohol. I've also heard what happened exactly, but mind you this is at least a 3rd-hand account:

Guy is talking with some other customers and/or employees. Subject of increase in crime comes up. Guy is like "yeah, that's why I carry THIS!" *whips out gun* Most there are like "...yeah, ok, easy there..." but then one woman who wasn't part of the earlier conversation comes along and freaks out, and calls the cops.

So, bad juju. I would think that would qualify as a slam-dunk conviction of going armed to the terror of the public. Consider that if a cop (or other CCWer even) had come along about the same time as that woman, and perceived the guy waving his gun around in the store to be a deadly threat: he could have blown his head off and most likely been legally justified in doing so.

He's still getting a raw deal on that one charge, but he'd better realize that he's frikkin' LUCKY too.

NC Bullseye
09-04-2011, 11:33
Well, remember, according to case law of STATE v. ROBERT S. HUNTLEY going armed to the terror "It is the wicked purpose, and the mischievous result, which essentially constitute the crime."

So they have to prove his purpose was wicked not just stupid.

The carry where alcohol charge can not stand. The DA will come out of his stupor and realize this soon.