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-   -   GATTTOTP in NC (http://www.firearmstalk.com/forums/f97/gatttotp-nc-65188/)

tCan 05-26-2012 12:41 PM

GATTTOTP in NC
 
I've become aware of this "going armed to the terror of the people" common law in NC and I'm wondering what exactly it means. It seams to me that in order for the charge to stick, it would have to be shown unequivocally that one's actions were designed to illicit terror.

For example a man is walking down the street in north carolina with his long arm slung on his back. This might be unusual, but is it an action that by design or necessarily by his simple possession of a firearm would create terror, and therefore he could be charged and convicted with GATTTOTP?

bkt 05-26-2012 03:10 PM

This touches on the whole issue of "terror". A "terrorist" who commits a crime of mass murder or destruction for the purpose of striking fear into an opponent in order to get that opponent to change its ideological/religious behavior is one thing. A "terrorist" who walks down the street with a long-gun slung over his shoulder who means no one any harm and who isn't working as part of a larger organization is not a terrorist at all. People who feel terror at the sight of a firearm should see a therapist.

The way the laws are written and inching along, how long will it be before the government can declare someone who dissents from the government's position on some issues as a "terrorist" and locks them up (or worse) without recourse?

NC made a sharp left turn a little while back. Not sure exactly how this law would apply in your scenario but it shouldn't apply at all.

vincent 05-26-2012 04:49 PM

It's one of the most subjective, muddied up laws I can think of. It makes no distinction between the road rager waving his roscoe out the window and the person in the grocery store who's shirttail flips up and exposes the grip on his IWB.

You are legally able to be detained, questioned and have your gun confiscated if little Johnny screams "Mommy Mommy, that man has a gun!" Your fate is basically left in the hands of the responding officer, who may or may not see things as you do. All you can do is keep your head, shelve a bad attitude and be polite.

To answer your question, at least from my point of view, there is no exact interpretation of this law, every situation is different. A while back, a kid got arrested for GATTTOTP by carrying his BB gun on the handlebars on his bike...He WAS, however, shooting at windows and parked cars with it earlier, which was why the law was called, GATTTOTP was just one of the charges they hit him with but to me, it made no sense...:confused:

And yes, sadly, we live among many hopolophobes, who douse their drawers at the sight of a firearm and who are blissfully unaware of gun laws/rights. So by defenition of that law, it's our fault that someone is scared, whether intention is there or not...:mad:

Tcan, what happened in Bailey? You said in another thread you weren't too impressed with it...

tCan 05-27-2012 04:12 AM

As I'm sure you're familier, you need to buy a permit to purchase a pistol in NC and you normally are only able to get it from the county in which you reside. I'm technically a resident of Wake. I'm living in Meck. But I looked up the law, and found a provision that would allow the sheriff to provide a person with a permit. He, being a dem, was quite unwilling to help me out. It's made a big headache for me.

Honestly the law needs revisiting. If the permit is accepted statewide, why cant it be easily issued statewide?

tCan 05-27-2012 06:11 AM

Does it ever stick on someone who is arrested while simply open carrying? I've read several articles that that's the charge they like to use, but never seen anything about a conviction. I'm not sure if that's because it's a small time offense, or because it always gets dismissed... or what.

vincent 05-27-2012 04:17 PM

Quote:

Originally Posted by tCan (Post 815592)
As I'm sure you're familier, you need to buy a permit to purchase a pistol in NC and you normally are only able to get it from the county in which you reside. I'm technically a resident of Wake. I'm living in Meck. But I looked up the law, and found a provision that would allow the sheriff to provide a person with a permit. He, being a dem, was quite unwilling to help me out. It's made a big headache for me.

Honestly the law needs revisiting. If the permit is accepted statewide, why cant it be easily issued statewide?

Yeah, I hear ya, calling the sheriffs for gun info is always going to be an annoying experience. I've heard of several other people who were flat out lied to because the sherriff was a rabid anti-gunner. Why no CCW permit for you? It circumvents all the restrictions the paper permit system has, no limit on the # of guns you can buy in a year, no 5$ fee, good statewide no questions asked. I do think it's BS having to jump through the hoops just to get one...or the fact that you HAVE to get one at all, but hey, lots of folks have it a lot worse...

Quote:

Originally Posted by tCan (Post 815677)
Does it ever stick on someone who is arrested while simply open carrying? I've read several articles that that's the charge they like to use, but never seen anything about a conviction. I'm not sure if that's because it's a small time offense, or because it always gets dismissed... or what.

No idea about a conviction rate on that charge but the few people I do know that OC daily have never had an issue at all...besides the obvious questions...'are you a cop' or 'why do you need a gun'...that type of stuff. In Mas Ayoobs book on concealed carry, he goes into the OC side of things and wrote that NC is one of the friendlier places to carry, OC or CC, that he'd visited...wish I had more info for ya...:cool:

tCan 05-27-2012 05:24 PM

Quote:

Originally Posted by vincent (Post 815905)
No idea about a conviction rate on that charge but the few people I do know that OC daily have never had an issue at all...besides the obvious questions...'are you a cop' or 'why do you need a gun'...that type of stuff. In Mas Ayoobs book on concealed carry, he goes into the OC side of things and wrote that NC is one of the friendlier places to carry, OC or CC, that he'd visited...wish I had more info for ya...:cool:

Interesting because I've been summarily arrested and charged with this vague law without question or comment. It was the first time I OC'd.

vincent 05-27-2012 06:20 PM

Quote:

Originally Posted by tCan (Post 815972)
Interesting because I've been summarily arrested and charged with this vague law without question or comment. It was the first time I OC'd.

WOW!!! :eek: That's messed up, sorry to hear that. Let me guess, Charlotte or Raleigh right? Seems the further you get into the city, the more uptight people are. I guess no more OC for you then huh? What was the final disposition, if you don't mind me askin'...

tCan 05-27-2012 06:38 PM

I was in charlotte. I'll OC again once i get my gun back. Probably on the same day. I'll just call ahead to the local PD and inform them of my rights when I do. If they continue to arrest me for something that is protected under both US and NC constitutions, I'll have quite a bit of force behind a large damages and harassment suit against the city.

The final disposition?

vincent 05-28-2012 12:58 AM

Quote:

Originally Posted by tCan (Post 816028)
I was in charlotte. I'll OC again once i get my gun back. Probably on the same day. I'll just call ahead to the local PD and inform them of my rights when I do. If they continue to arrest me for something that is protected under both US and NC constitutions, I'll have quite a bit of force behind a large damages and harassment suit against the city.

The final disposition?

I'm terribly sorry to hear about your trouble, I'll send some good mojo your way...:cool: I hope you can get it all straightened out without costing you an arm and a leg...and your gun:eek: Was the charge a single charge of gotttotp or were you hit with anything else?

Disposition-outcome-ruling-judgement...


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