https://www.wbtv.com/2024/03/26/charge-man-who-open-carried-monroe-walmart-could-spark-legal-debate-attorney-says/?outputType=amp


I searched for a duplicate. If there is one just shoot me, like this guy almost got.


MONROE, N.C. (WBTV) - A Monroe man was arrested on Monday after he was seen walking around a Walmart with multiple guns and knives.

The man, 32-year-old Moja Kemet Estep, was charged with going armed to the terror of the people.

While Walmart does have a company-wide policy of not allowing open carry inside their stores, their policy isn’t really the focus here.

RELATED: Police: Man armed with rifle, dual pistols arrested inside Monroe Walmart
Estep’s arrest highlights a recent change in North Carolina law. Attorney Brad Smith explains, “This is a common law offense. It dates back to England, you know, the ratification of our Declaration of Independence...a person is guilty of this offense when the government proves that a person is in possession of unusual or dangerous weapons in a public place. And that their purpose for doing that is to terrify people.”


Prior to 2023, the law was most often interpreted as requiring the weapon carrier to be on “public highways.” But in December, an N.C. Supreme Court case altered that interpretation.

“They didn’t so much change it as point out the fact that the Common Law never required it to necessarily be on a public highway,” Smith said. “It was always just generally in a public place.”

That new interpretation makes it easier for law enforcement to arrest someone for carrying weapons in public, which Smith says could lead to a larger legal debate.

“We’re back into what would ultimately be a second amendment argument because we are an open carry state,” he said.



Smith said one of the key questions in this case is whether Estep’s actions met the legal definition of terrorizing people. Smith says, “The issue, which is a fascinating issue, is whether or not one is purpose in doing so was to terrify people, and to whether or not those actions would terrify people, which are, which are issues that ultimately would be potentially left to a jury.”

This case could also have a broader impact on the interpretation of North Carolina’s open carry laws. “We are an open carry state,” Smith explained. “So ultimately the inquiry…is going to be whether or not a jury thinks that the act of going into a public place armed like this gentleman was, is going to cause peaceful people to be scared.”

Smith acknowledges the potential for confusion for gun owners in North Carolina.

“I think there is a legitimate question if somebody is sitting in my office right now and asked me, ‘Am I good to walk down the street or be in a parking lot or, you know, anything that would be classified as a public place where you can possess a gun?” He said. “Can I guarantee you with absolute certainty that, that you’re going to be okay and not be potentially charged with a crime? I don’t think I can do that. I don’t think any lawyer can say that right now.”

Terror of the people for the WIN!

Open Carry state in name only?

Wow, he ready for the zombie apocalypse!

As if everyone here wouldn't be blading at a certain angle if someone walked in with that setup while they were browsing the tendy sauce aisle.

Might be legal, but boy it's dumb.

5 pistol mags, the dumbest BUG of all time, but only 1 AK mag?

So afraid of a guy open carrying that they call more people that are open carrying.

Georgia is constituonal carry. But I think I've only seen 3 or 4 people open carry. Ever. I have no problem with open carry. But if I'm out of the woods my weapons are never open.

wow, mighty fine police work as usual.

Huh. All of the people in Walmart, OCing Taurus pistols in Uncle Mike's holsters, say otherwise.

Fucking GD is slipping

Did he blade at 45?

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Good for him exercising the right to keep and bear arms.

What a retard.

In before "Why do you hate freedom, bro?"

Sounds like they would need to prove intent, no?  The description of the common law offense makes it sound that way.

Walmarts here in ID have a sign saying concealed carry is okay but they don't want open carry.

Open carry is legal, unless it's scary to someone. Then you go to jail.

At least they didn't just pop around a corner and shoot him like the police did the Walmart shopper who was carrying around an off-the-shelf airsoft gun.

Killing of John Crawford

b-b-but that loop-hole had a b-b-b-brace on it!

1-800-ATF-GUNS!!!

I'm confused on how he's being charged with a crime that consists of carrying firearms in a public place while he was on private property. He might be a complete moron based on his actions, but he's going to have the case dismissed if the charge is entirely centered around being on "public property", and tee'd up for a civil suit/settlement for wrongful arrest.  

If he refused to leave after being told to by an employee  (who actually told him, not like that case with the motorcycle helmet guy in AZ), I could totally see being charged with trespassing.

Dumbass

I think Walmart has a policy against open carry.

Dumbasses. In SC, the law specifically states that open, or concealed, carry alone is not justification for a stop.

Under-armed for some WalMarts I’ve been in.

No numbchucks or Chinese throwing stars?

The first time I ever saw one of the new Pythons in person was when a guy was open carrying in my local Wally World.  I think open carry is generally pretty dumb but whatever.  I wasn't scared and I stopped him and asked what he thought of it.  It didn't occur to me until much later that I should have asked him for his join date and EE feedback.

A Chiappa Rhino?

Probably his least worst decision of the day….

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He’s a fucking idiot but a legal idiot IMO.

Also does the law define what OC you are allowed? Just a pistol? Hunting rifle over the shoulder? Dual wielding uzis? Kitted out like you’re going door to door in Mosul? If you can see clothing then surely a gun can fit there?

My guess is the rifle and knife are what get him. I thought open carry only applies to handguns. Hadn’t looked at the statute in a while. Plus that’s right next to Charlotte so the stupid could well be spreading. But so long as he wasn’t threatening anyone violating Wally World policy might be his biggest crime, moron or not.

There's no rifle in the picture.

Dang. I missed that as well. Only “pistols” in the photo.

It appears he wants to be the human guinea pig for the open carry law being discussed in the article.

I hope he doesn’t have much to lose, but looking it up it’s a misdemeanor charge.

I’ll allow it.

@delamorte

I am assured by a good friend that North Carolina is a gun-friendly state.

This is exactly how we end up loosing Open Carry laws.

Open Carrying an AK-47,...thru Walmart... Brilliant idea.

especially in liberal areas.

especially now since there have been active shooters at supermarkets.

An example:
https://www.cnn.com/2022/05/14/us/buffalo-ny-supermarket-multiple-shooting/index.html

This is when every Karen and Soccor Mom is lighting up the 911 call center.

After that,  they are demanding that guns and Open Carry be banned by their Communist Representatives.

Once upon a time California had open carry. Then numb nuts started walking down main streets of the most far left
jurisdictions.

Idiots walking into Police Stations with AR15s slung over their shoulders, ect.

So Open Carry got banned.

"Use your discretion "

Like when California had the Roof-Top Koreans in Los Angeles during the Rodney King riots.
It was hard for anyone, even the Leftists, to argue against it during a time like That.

I'd ask the guy if I could take a picture with him, and ask him where the set of the new blade movie sequel was.

Knowledge is knowing what you can do.

Wisdom is knowing what you should do.

You have to get a permit to buy a pistol. Every time I think.

Jesus, are these articles all AI generated? What kind of tard thinks a sentence like "Man charged with going armed to the terror of the people." is super good writing?

Dupe.

Private property with a policy against it.

You know some Karen called shrieking

That law was done away with this past year.  Thankfully.

I think the "armed to the terror of the people" is the name of the charge. But it could use a comma. "Armed, to the terror of the people." Guess he falls under the "open carry asshole" category. Or maybe this is a "2nd Amendment audit"?

Several years back there was a terribly dressed and terribly
fat man with a big Ruger in a cross draw rig shopping at our Walmart.

Fat assed OCing Tupperware guys are a dime a dozen around here

In an interview with Channel 9 Tuesday afternoon, Estep says he had no ill intentions. He says he is an avid supporter of the Second Amendment, and he has been openly carrying to protect himself and others in response to mass shootings across the country.