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Old 02-18-2007, 21:14   #16
Join Date: Jan 2007
Posts: 2,726
Originally posted by Fredman
Have you got a cite for that law? If it is law it must be new, because I've never heard of that before. Never discussed in my CCW class, not in the CCW law handbook.
Here is the reference. It's page 22, section 5 in the attorney general's summation of NC gun laws. This would probably not be in the CCW manual because it is not specific for concealed carry but applies to all carry in a declared emergency. Section 6 is the law on going armed to the terror of the public.

It is also a misdemeanor under North Carolina law for a person to transport or possess,
off his own premises, a dangerous weapon in an area during a declared state of emergency,
or in the vicinity of a riot. A concealed handgun permit does not allow a permittee to carry a weapon in these areas.

By common law in North Carolina, it is unlawful for a person to arm himself 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 has said 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.

The actual General Statute reference by the AG for the area of declared emergency is this one:
14‑288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.

(a) Except as otherwise provided in this section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area:

(1) In which a declared state of emergency exists; or

(2) Within the immediate vicinity of which a riot is occurring.

(b) This section does not apply to persons exempted from the provisions of G.S. 14‑269 with respect to any activities lawfully engaged in while carrying out their duties.

(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)

Last edited by WinstonSmith; 02-18-2007 at 21:28..
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