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Old 02-18-2007, 14:32   #1
Iron Nose
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North Carolina Glock...Errr...I Mean Gun Laws

This goes out to all the North Carolinans on the board. How stringent are the NC gun laws. I am a soon-to-be medically retired Peace Officer in good standing out here in CA. In CA I am still able to CC under my retired PO status. Will I have the same rights in NC, or do I have to apply for a permit as a citizen? I know the law that Bush signed a couple of years ago, grants us the ability to cross states and CC, but not sure about the retired status. We are seriously considering relocation to NC. I am originally from Balto., MD, but have no desire to move back there. NC will be much closer to my family in MD. I would also like to PM with some NCers about employment and location suggestions.
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Old 02-18-2007, 15:44   #2
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I don't know about the retired status issue, but getting a CCW is not difficult in NC. A short safety course. In general gun laws in NC are fine with the exception of the prohibition against any carry in a declared emergency. It's a beautiful state with the best climate in the east. Beaches, mountains, Research Triangle, universities....and a little slower pace of life. What are you looking for?
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Old 02-18-2007, 16:00   #3
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Are you looking to get back into LE, or something else?

As far as the laws here go, all the info you need is on packing.org.
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Old 02-18-2007, 17:15   #4
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Quote:
Originally posted by WinstonSmith
I don't know about the retired status issue, but getting a CCW is not difficult in NC. A short safety course. In general gun laws in NC are fine with the exception of the prohibition against any carry in a declared emergency. It's a beautiful state with the best climate in the east. Beaches, mountains, Research Triangle, universities....and a little slower pace of life. What are you looking for?
I'm looking for a peaceful place that is within reach of city amenities. Right now, where I live, the closest malls are 2 hours to the south and 2.5 hours to the east of here. Lakes for the kids to wakeboard and tube are 3-5 hours away. I'm looking for some nice temperatures and sunshine. Up here we get @ 80-110 inches of rain a year. The summers are always overcast and cool (@ 65*-70*). Being within reasonable reach of lakes for fishing and boating, and the ocean for fun would be AWESOME. Edit: Question- Why would it be against the law to carry during a declared emergency? IMHO, that would be the most prime time to carry. That would really suck if you got hit by a hurricaine like Katrina, and the only people carrying guns would be the BGs. And we all know what happens during the states of emergency...Robbing, looting, murder, etc... For some reason that really doesn't make sense to me.

Quote:
Originally posted by SBM
Are you looking to get back into LE, or something else?

As far as the laws here go, all the info you need is on packing.org.
If the physical limits that I have on my shoulder will still allow me to be a LEO, I would love to stay in the field. The shoulder injury on my weak side prevents me from being able to combat inmates inside the prison. I worked at Pelican Bay State Prison for 12 years. Of which 6.5 were as a Sergeant. So I have supervisory and custody experience to offer.

Thanks for the link and the information fellas. I will give it a look-see.
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Old 02-18-2007, 17:44   #5
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NC gun laws aren't bad at all. It is a shall-issue state for CCW permits. Also, with a CCW, you can buy as many pistols as you want. Without, you have to apply to the Sheriff's Office in your county of residence for permits which cost $5 each and you can only get five at a time.

You can technically open-carry on your person or in your vehicle but there is also a common-law offense called "going armed to the terror of the people." It is a long story and there have been lots of arguments here on GT over it, but the fact is that the offense remains untested as to its full application because it is rarely, if ever, charged.

Not sure how HR218 applies once you retire and move...your agency has to issue a retired ID, which in my mind means it would limit you to the state you worked but I may be wrong. CCW is relatively easy to get.

NC will recognize many states' L.E. certifications. We have reserve and part-time officers which are regular officers; you just have to find an agency willing to take you and who allows you to work (as opposed to just holding your certification as a paperwork courtesy). In NC, Sheriff's Offices patrol unincorporated areas. Deputies are certified through Sheriffs Training and Standards, police officers are through Criminal Justice T&S, but they are essentially the same thing and you can switch between SO and PD without any issues once certified. Many Sheriff's Offices jump on retirees to bailiff.

To become NC-certified, you must have been through an academy with comparable training and hours, and then challenege the state test. You can also take an 86-hour NC-specific portion of an academy, THEN challenge the state test which is what most people do because if you fail the test, you have to go through the whole academy (Basic Law Enforcement Training or "BLET") in its entirety. If you worked corrections most recently, it won't transfer to L.E. certifiction.

I'd recommend the mountains for retirement; Ashville, Dillsboro, Sylva. The Outer Banks is too busy even year-round now, and it is 90 minutes from the Tidewater, Va area (nearest metroplex). Charlotte is a nightmare as is Durham.

PM me if you have specific questions.
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Old 02-18-2007, 18:01   #6
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Durham is not a nightmare. You can't even compare it to Charlotte, it's about 5 times smaller. However, I still wouldn't suggest living there, because I suggest Cary. I live in Raleigh, which is also great, but Cary is absolutely wonderful, almost zero crime, and plenty to do. It is always in the top ten places in the US to live. Not to0 big, about 100,000 people.

As far as the Carolina carry laws, they aren't bad. The only one some people have a problem with is no carrying if you have had a drink, not even a sip.

Basically NC is awesome. You can't really go wrong anywhere. Someone suggested the mountains, just be aware that the climate there can be much different from the rest of the state.
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Old 02-18-2007, 18:26   #7
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Quote:
Originally posted by 10mmFeeder
Durham is not a nightmare. You can't even compare it to Charlotte, it's about 5 times smaller.
Durham is a nightmare. And no comparison was made.
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Old 02-18-2007, 18:29   #8
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Quote:
Originally posted by WinstonSmith
In general gun laws in NC are fine with the exception of the prohibition against any carry in a declared emergency.
What what what????!!!!??? Sheesh, might as well take them away, like Nagin did in New Orleans. I think that's the one time where CC would be useful.

I dno't mean to hijack the thread, but that's the first provision in any state law I've read which limited CC during a declared emergency.
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Old 02-18-2007, 18:29   #9
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I'd say Durham is a nightmare also :o. Try Cary or Raleigh if you want to be on the east side of the state. Charlotte is a nice, clean city with some really great suburbs around it (huntersville, belmont, mooresville, etc). Also Hickory is a nice town
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Old 02-18-2007, 18:36   #10
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Quote:
Originally posted by Iron Nose
I'm looking for a peaceful place that is within reach of city amenities. ... Being within reasonable reach of lakes for fishing and boating, and the ocean for fun would be AWESOME.
There are lakes all over the state. If you are more interested in ocean than mountains, and you want city amenities, then you might consider Wilmington. Nice town. Old Southern charm but modern high tech outlook. And it's full of non-southern immigrants so you would feel at home.

Hurricanes are a consideration though. If you want to move inland, you could consider the Raleigh area... very fast growing... lots of job opportunities and about 2 hrs. from the coast. NC summers are hot but not as bad as Georgia or Texas. Winters are mild. You'll love it.
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Old 02-18-2007, 19:26   #11
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Quote:
Originally posted by WinstonSmith
In general gun laws in NC are fine with the exception of the prohibition against any carry in a declared emergency.
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.
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Old 02-18-2007, 19:28   #12
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Quote:
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.
I dont' see it in the Statutes either.
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Old 02-18-2007, 19:40   #13
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There is NO prohibition in a declared emergency.

Durham SUCKS. Period.

Raleigh is fine, but from what you describe, areas north of Raleigh would be great. Creedmore is a sleepy little town, and 30 minutes from Raleigh, 25 minutes from Henderson, and very close to 3 large reservoirs. Mountains are 2 1/2 hours away, and so is the beach.

Lots of stuff happening all around the greater Raleigh area. Durham might be nice to go to a Durham Bulls game, or see some historic stuff, but sheesh....crime isn't as isolated there as it is in Raleigh or Cary. Oh, I live in Raleigh, and I think it's easier to get around here than it is in Cary. (less infrastructure it seems to me)
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Old 02-18-2007, 19:48   #14
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Quote:
Originally posted by WinstonSmith
I don't know about the retired status issue, but getting a CCW is not difficult in NC. A short safety course. In general gun laws in NC are fine with the exception of the prohibition against any carry in a declared emergency.
No where in my CCW manual does is it state anything about, "prohibition against any carry in a declared emergency."
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Old 02-18-2007, 19:50   #15
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Re: North Carolina Glock...Errr...I Mean Gun Laws

Quote:
Originally posted by Iron Nose
This goes out to all the North Carolinans on the board. How stringent are the NC gun laws. I am a soon-to-be medically retired Peace Officer in good standing out here in CA. In CA I am still able to CC under my retired PO status. Will I have the same rights in NC, or do I have to apply for a permit as a citizen? I know the law that Bush signed a couple of years ago, grants us the ability to cross states and CC, but not sure about the retired status. We are seriously considering relocation to NC. I am originally from Balto., MD, but have no desire to move back there. NC will be much closer to my family in MD. I would also like to PM with some NCers about employment and location suggestions.
NC is really beautiful in the Raleigh area. Many of my friends moved there last year. Housing prices are very low.
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Old 02-18-2007, 20:14   #16
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Quote:
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.

5. AREAS OF EMERGENCIES AND RIOTS
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.

6. GOING ARMED TO THE TERROR OF THE PEOPLE
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 20:28..
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Old 02-18-2007, 20:15   #17
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I live in Durham, I have a permit to carry----------No problem
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Old 02-18-2007, 20:22   #18
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I feel sorry for some of you that think you only have to follow the laws in your CCW books. There are several more laws that apply to gun ownership and possesion, concealed or otherwise, that you should know aside from what is in your CCW book. I bet some of you have never even read these source documents.

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

http://www.ncga.state.nc.us/homePage.pl


§ 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).)
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Old 02-18-2007, 20:40   #19
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Iron nose,

Some things to consider before moving this way. NC is one of the most highly taxed states in this area. State income tax is pretty high, gas tax is outrageous, and our insurance rates on the coastal counties is getting ready to go up another 25% in March. But then again, coming from California, perhaps you won't feel the pinch so much.

The spring and summer can be quite hot, rainy, and muggy, plus you might have to put up with hurricanes every once in a while if you live close enough to the coast.

The gun laws aren't too bad, depending on what county you move to. I know there are counties where the sherrif will issue several gun permits pretty much on the spot, once the NICS check has been done. Others, you have to fill out a crapload of paperwork and have people you know sign a statement, stating that they trust you to own a handgun, and then you have to wait several days to weeks for a locally imposed limit of 2 permits. So you are forced to pay $10 for a police check, and $5 per permit, with a limit of five per year. So instead of paying $10 and getting your five for the year, you have to pay $30 in police checks in order to get your limit of five, because the local sherrif will only issue two permits per application. The simple solution, is to get a concealed carry permit. Which I don't know the particulars about, as they pertain to you being retired. But knowing NC, you would probably have to go through the normal process, so the local sherrif can get the application process money.
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Old 02-18-2007, 20:48   #20
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Quote:
Originally posted by Glocks&Ducs
Some things to consider before moving this way. NC is one of the most highly taxed states in this area. State income tax is pretty high...
This can be a little misleading. In NC, education is paid for mainly at the state level and that (being the largest part of the state budget)does make the income tax higher than in other southeastern states. But those other states pay for education at the county/municipal level so their property taxes are higher than in NC.
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Old 02-18-2007, 20:49   #21
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Glocks&Ducs is correct on his statement that the CCW book of state carry laws is an over-view, kind of "in-a-nut-shell" view of the laws of your land, as the laws are long, amended time and again, to include and/or exclude whatever the current lawmakers decide from year to year.

It'a a "rule of thumb" thing, but by no means the difinitive document to base any real-life expectations on, for carry or any thing else.


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Old 02-18-2007, 20:51   #22
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Quote:
Originally posted by Glocks&Ducs
But knowing NC, you would probably have to go through the normal process, so the local sherrif can get the application process money.
Did you think before you wrote that? Oh wait, can't spell sheriff, viewpoint invalid.
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Old 02-18-2007, 20:58   #23
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Quote:
Originally posted by Glocks&Ducs
I feel sorry for some of you that think you only have to follow the laws in your CCW books. There are several more laws that apply to gun ownership and possesion, concealed or otherwise, that you should know aside from what is in your CCW book. I bet some of you have never even read these source documents.
I'm just shocked that the AG's interpretation of § 14‑288.7 limits CCW holders.

They have a legal snafu I think...

14-288.7 is regarding weapons during a state of emergency. In 14-288 it specifically declares that "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".

If you read 14-269, which is the Carrying Concealed Weapons statute, you'll see clearly that in 14-269(a1) "It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances" and (2) "The deadly weapon is a handgun, and the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24". This is for the exception to 14-269.

Oops!

Disclaimer: I'm not a lawyer, but I did sleep at home last night!
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Old 02-18-2007, 21:00   #24
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Quote:
Originally posted by obxemt
Did you think before you wrote that? Oh wait, can't spell sheriff, viewpoint invalid.
Sherrif, sheriff, sharif, shref, sloth, scumbag, might all be the same thing depending on the county you live in. Oh yeah, ours also runs an illegal gun registration. The permits here consist of two copies. One that the dealer keeps and one that gets sent back to the sheriff so he can keep a record of what guns, by model and serial number, were bought and by whom.
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Old 02-18-2007, 21:08   #25
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Whatever. Paranoid nonsense. Imagine that, on a gun forum no less.

They're not making any money by paying a deputy to run background checks or a civilian to issue the permits. They don't want the responsibility, its a PITA.

Sounds like you need to get to voting if there's a problem in your county.
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