Posted: 10/23/2009 12:38:33 PM EDT
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Explain this
§ 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed. (a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (b) This section shall not apply to the following: (1) A person exempted from the provisions of G.S. 14‑269; (2) The owner or lessee of the premises or business establishment; (3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and (4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).) § 14‑269. Carrying concealed weapons. (a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. (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: (1) The person is on the person's own premises. (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. (3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a). (b) This prohibition shall not apply to the following persons: (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; (2) Civil and law enforcement officers of the United States; (3) Officers and soldiers of the militia and the national guard when called into actual service; (4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties; (5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body. (b1) It is a defense to a prosecution under this section that: (1) The weapon was not a firearm; (2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon; (3) The defendant possessed the weapon for that legitimate use; and (4) The defendant did not use or attempt to use the weapon for an illegal purpose. The burden of proving this defense is on the defendant. (b2) It is a defense to a prosecution under this section that: (1) The deadly weapon is a handgun; (2) The defendant is a military permittee as defined under G.S. 14‑415.10(2a); and (3) The defendant provides to the court proof of deployment as defined under G.S. 14‑415.10(3a). (c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony. (d) This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, "ordinary pocket knife" means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action. (Code, s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1‑3; 1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997‑238, s. 1; 2003‑199, s. 2; 2005‑232, ss. 4, 5; 2005‑337, s. 1; 2006‑259, s. 5(a).) Does this not contradict itself? |
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Unless there's something missing from that, it makes a very interesting point -
You cannot carry in alcohol-serving locations or admission-charging venues UNLESS you are on the "exempted" list for the concealed weapon section, which specifically exempts people carrying a handgun with a permit. Would be a good question for whoever wrote it because it's pretty cut and dry, almost like it was not intended to be the way it's commonly interpreted. That brings up another interesting point - it's just sort of accepted that you can't carry in those two places, concealed or otherwise, but this seems to imply that having a CCP exempts you from that, where not having one leaves you no way to legally carry there. Nowhere is it explicitly stated that you can't carry there and this looks just the opposite once you put 2 + 2 together. |
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Quoted:
Explain this § 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed. (a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (b) This section shall not apply to the following: (1) A person exempted from the provisions of G.S. 14‑269; (2) The owner or lessee of the premises or business establishment; (3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and (4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).) § 14‑269. Carrying concealed weapons. (a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. (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: (1) The person is on the person's own premises. (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. (3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a). (b) This prohibition shall not apply to the following persons: (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; (2) Civil and law enforcement officers of the United States; (3) Officers and soldiers of the militia and the national guard when called into actual service; (4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties; (5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body. (b1) It is a defense to a prosecution under this section that: (1) The weapon was not a firearm; (2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon; (3) The defendant possessed the weapon for that legitimate use; and (4) The defendant did not use or attempt to use the weapon for an illegal purpose. The burden of proving this defense is on the defendant. (b2) It is a defense to a prosecution under this section that: (1) The deadly weapon is a handgun; (2) The defendant is a military permittee as defined under G.S. 14‑415.10(2a); and (3) The defendant provides to the court proof of deployment as defined under G.S. 14‑415.10(3a). (c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony. (d) This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, "ordinary pocket knife" means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action. (Code, s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1‑3; 1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997‑238, s. 1; 2003‑199, s. 2; 2005‑232, ss. 4, 5; 2005‑337, s. 1; 2006‑259, s. 5(a).) Does this not contradict itself? The only people exempted from 14-269.3 per Farb (5th Ed. p. 416) are "law enforcement officers, the lawful possessor the premises, participants in some event for which the gun will be used, and security officers." |
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It could be written more clearly...but then lawyers wouldn't have as much work...
The way I understand it, you are looking at the wrong section of 14-269. This (1) A person exempted from the provisions of G.S. 14‑269; means people who meet the requirements found in section (b) of 14-269. (b) This prohibition shall not apply to the following persons: section (a) of 14-269 is exceptions to carrying concealed, section (b) is exemptions (shall not apply).
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Its the old alcohol and gunpowder don't mix idea.
A concealed carry permit in NC doesn't give you blanket permission to carry concealed, only to carry concealed in public and certain other areas (no government buildings, etc etc). The exempted list of people who can carry in the alcohol serving locations are people who are assumed not to be drinking while carrying said firearm. |
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Quoted:
Its the old alcohol and gunpowder don't mix idea. A concealed carry permit in NC doesn't give you blanket permission to carry concealed, only to carry concealed in public and certain other areas (no government buildings, etc etc). The exempted list of people who can carry in the alcohol serving locations are people who are assumed not to be drinking while carrying said firearm. Which is why the law should go away. No reason that people that arent drinking shouldnt be able to carry in a place that serves alcohol. It is already illegal to carry concealed while intoxicated. |