Any North Carolina attorneys in the house?
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Old 09-16-2010, 03:49 AM   #1
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Default Any North Carolina attorneys in the house?

I am a CWP holder in NC. My question is this: While it is illegal for me to carry in an establishment that sells alcohol for consumption on the premises, can I carry if the restaurant is closed for the night. I am a restaurant manager and I can't have my firearm with me. I'm kinda sorta ok with that, but my concern is this. Friday night while we were cleaning and closing down, an employee from the restaurant across the parking lot apparently escaped and ran out when three gunmen held the place up. After they robbed everyone they asked for the surveillance video, and then cocked their guns. The poor kid just jetted out the back door as fast as he could. He came to our restaurant for help. Is it only illegal to carry in a restaurant during business hours when they actually serve alcohol. I really sense the need to have my firearm with me while closing down at night. Any info?

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Old 09-16-2010, 04:18 AM   #2
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Since that is concerning conceal carry, you can always open carry. I am no Attorney, so don't take my word. Just a suggestion.

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Old 09-16-2010, 04:59 AM   #3
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Quote:
Originally Posted by supergus View Post
I am a CWP holder in NC. My question is this: While it is illegal for me to carry in an establishment that sells alcohol for consumption on the premises, can I carry if the restaurant is closed for the night. I am a restaurant manager and I can't have my firearm with me. I'm kinda sorta ok with that, but my concern is this. Friday night while we were cleaning and closing down, an employee from the restaurant across the parking lot apparently escaped and ran out when three gunmen held the place up. After they robbed everyone they asked for the surveillance video, and then cocked their guns. The poor kid just jetted out the back door as fast as he could. He came to our restaurant for help. Is it only illegal to carry in a restaurant during business hours when they actually serve alcohol. I really sense the need to have my firearm with me while closing down at night. Any info?
Not a lawyer...don't play one on TV...cannot offer any advice but do the NC laws distinguish between carrying as a patron and carrying as a proprietor or manager of the establishment? That would be the question I would have for any attorney that I contacted.
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Old 09-16-2010, 05:01 AM   #4
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The problem is it's illegal, period, to carry in a restaurant that sells alcohol. I'm just wondering if there's an exclusion for night managers and owners after hours.

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Old 09-16-2010, 06:05 AM   #5
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Exclamation conceal carry??

If you are the manager what are the chances you will ever be searched by a police officer while acting in that capacity?...almost nil

If you actually do use the weapon in defense of your life.....who gives a rats a$$?

If you are truly scared that something bad might happen and you give deference to the goverments wishes over your right to self-preservation you are not only a coward but a fool.....this is a generalization for every citizen and not particularly aimed at you.

I say carry, be careful and DO NOT BRANDISH your weapon unless you intend to kill. Dont let the owner or anyone else know, this is strictly a personal choice not to be shared with anyone.

You will have the moral high ground if a gang banging punk or some multi-felon crack junkie comes in hell bent on robbing and possibly killing you and ends up stone cold dead. The question you have to answer is "Is it better if I get shot or the criminal?" The law is really irrelevant in this case.

You already have a CCW so getting to work legally is not a concern. The only concern will be after the fact (other guy dead) in which case you can put the gun on the outside of your pants and claim open carry....if you can't claim open carry in the establishment then so be it, you will be alive with the moral high ground....if you can claim open carry then the only thing you have to worry about is getting fired.

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Old 09-16-2010, 06:12 AM   #6
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We don't give legal advice on the FTF forum. Please don't take the legal advice given, you get what you pay for and the forum doesn't need to be sucked into any ramifications of said advice.
PLEASE DON'T GIVE LEGAL ADVICE ON HERE!!!!

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Old 09-16-2010, 06:49 AM   #7
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Asking for legal advice here on the FT forum is just so......"Denny Crane!"

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Old 09-16-2010, 08:30 AM   #8
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The best sources for your answer are in NC statutes, and one who practices law in NC. I am familiar with the laws of FL (as a FL CWP holder), but any question I have, I go back to my issuing department or my attorney.

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Old 09-16-2010, 01:40 PM   #9
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No insight on your question but I have worked with Ryan Edwards a few times in the past in NC. And just so happen to have a letter from her on my desk.

Melrose, Seago, and Lay, P.A. Attorneys At Law.
828.586.3200

Someone there will be able to give you a straight up answer

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Old 09-16-2010, 02:38 PM   #10
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Not legal advice, but the NC Statute that covers this area-

§ 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).)

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