Is it true the chapel hill banned open carry of compact pistols?

fishgutzy

fishgutzy

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Saw a post that said Chapel Hill bans open carry of any compact or subcompact handgun. Only "full size" is allowed.
Is this true?
Seems to me that would be a violation of the state constitution.

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How do they determine whats "compact" and what's "full size"? Is there a certain inches per caliber that it has to meet or something?
And how is this legal?

I'm glad I don't have to go to Chapel Hill much. Not that I normally open carry, but that place is full of wackos.
 
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DaveTNC said:
How do they determine whats "compact" and what's "full size"? Is there a certain inches per caliber that it has to meet or something?
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Same way you can identify assault weapons or porn. You know it when you see it.
 
DaveTNC said:
How do they determine whats "compact" and what's "full size"? Is there a certain inches per caliber that it has to meet or something?
And how is this legal?

I'm glad I don't have to go to Chapel Hill much. Not that I normally open carry, but that place is full of wackos.
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Don't have time too look it up at work but it has to be larger than a certain size. And they have a method to determine that. Dumb? Yes. It plays on a particular comment in an ncsc ruling about easily concealed pistols. It's in their ordinances if you want to dig it out of municode. I might look later.

AR pistol huh. Kydex mare's leg style holster should be scary enough.


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chiefjason said:
Don't have time too look it up at work but it has to be larger than a certain size. And they have a method to determine that. Dumb? Yes. It plays on a particular comment in an ncsc ruling about easily concealed pistols. It's in their ordinances if you want to dig it out of municode. I might look later.
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You got me on the right track to find it...

Sec. 11-134. - Prohibition on display of small handguns.

(a) No person shall display, on any street, sidewalk, alley or other public property any handgun which is easily and ordinarily carried concealed.

(b) For purposes of this article, the term "handgun which is easily and ordinarily carried concealed" shall mean any handgun or other firearm with an overall length of less than six (6) inches; provided, however, that in the case of a handgun or firearm that does not have a handgrip, this term shall mean any such handgun or firearm with an overall length of less than eight (8) inches.

(c) For purposes of this article, the length of a handgun shall be determined as follows:

(1) As the length of a line drawn from the tip of the barrel of the handgun along the length of the barrel to the point where that line intersects with a perpendicular line drawn up from the point on the back of the handgrip farthest from the tip of the barrel; or,

(2) If the length of the handgun measured along the barrel extends back beyond the point where the lines described in (c)(1) above intersect, the length shall be determined by the length of the gun measured straight back from the tip of the barrel for the full length of the gun; or

(3) If the handgun does not have a handgrip, the length shall be determined by measuring the overall length of the weapon by a straight line connecting the tip of the barrel to the point farthest away from the tip of the barrel.

(d) This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.
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So it looks like any handgun under 6" long would be considered "compact" in their eyes, and not allowed to be open carried. But I guess concealed is OK.

ETA: What's this idiotic law supposed to do, other than further erode our rights?

ETA2: Wouldn't paragraph (d) apply to everybody? The Constitution authorizes us to carry firearms.
 
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DaveTNC said:
So it looks like any handgun under 6" long would be considered "compact" in their eyes, and not allowed to be open carried. But I guess concealed is OK.
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Based on that definition, a G26/G27 is not a compact handgun (much less a G19/G23). Neither is an M&P Shielf or Compact. And H&K doesn't make a single compact pistol.
 
DaveTNC said:
How do they determine whats "compact" and what's "full size"? Is there a certain inches per caliber that it has to meet or something?
And how is this legal?
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I'm responding on my phone so I don't have the general statute number and I'm doing this from memory so i may not be completely right on this, but the state allows cities to do a limited number of things, such as prohibit the discharge of a firearm unless defending ones life. They also allow them to regulate the display of firearms. Chapel Hill's ordinance is a regulation on the display, but not a prohibition.

Unlike the city of Durham, where they have overstepped their bounds and outright prohibit the display of a handgun on city property; in effect, outlawing OC in Durham, except on private property.
 
I think the idea is that they don't want Saturday Night Specials that may be unnoticeable while openly carried. It's a stupid law for a silly place. I've lived in the area for 8 years and I've been to CH twice, once to buy Okama on PS2 back in ~2010 and once to do a deal with (and enjoy lunch with) @Professor Chaos. It's a pretty area, but I do not go out of my way to visit it.
 
DaveTNC said:
You got me on the right track to find it...



So it looks like any handgun under 6" long would be considered "compact" in their eyes, and not allowed to be open carried. But I guess concealed is OK.

ETA: What's this idiotic law supposed to do, other than further erode our rights?

ETA2: Wouldn't paragraph (d) apply to everybody? The Constitution authorizes us to carry firearms.
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Technically, any gun that would not fit in a 6" box. I thought that was the length but didn't want to mention it in case I was wrong. Yes it's dumb. But it's not just a slide length measurement, it's OAL to include the grip to it furthest point away from the barrel. Which is why most folks mention a 6" box. If it would not fit complete in it, then it would be legal. Somebody measure a Body guard with a 33 rd happy stick and see if it would be legal.
 
Um, wait a minute here . Regardless of what weasel words they use to try to call it something else, ther is statewide preemption. Municipalities are not permitted to make their own regulations. It may be some older one in the boooks that they symbolically failed to repeal, but passing a gun ordinance would be no dice.

Or does this apply to concealed carry only?
 
I once called the CHPD to ask about this... was transferred to voice mail, left msg, never heard from 'em.

I wish a CHPD employee would comment on this, if'n there's one on the forum...


@Sheepdog120
 
noway2 said:
Um, wait a minute here . Regardless of what weasel words they use to try to call it something else, ther is statewide preemption. Municipalities are not permitted to make their own regulations. It may be some older one in the boooks that they symbolically failed to repeal, but passing a gun ordinance would be no dice.

Or does this apply to concealed carry only?
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The state allows cities to regulate the display of firearms. A size restriction is a regulation, so it is in line with state law. The relevant statute is below.
§ 160A-189. Firearms.

A city may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place within the city except when used in defense of person or property or pursuant to lawful directions of law-enforcement officers, and may regulate the display of firearms on the streets, sidewalks, alleys, or other public property. Nothing in this section shall be construed to limit a city's authority to take action under Article 1A of Chapter 166A of the General Statutes. (1971, c. 698, s. 1; 2012-12, s. 2(zz).)
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Chapel Hill's weird handgun rule has always been confusing to me. I don't go into Chapel Hill often, except for work, and If I'm there on personal time, I conceal carry.
 
Ikarus1 said:
Most lawyers dont enforce their opinions with the threat of force, at least not until theyre appointed as judges
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I don't believe anyone was talking about cops enforcing their opinions with the force of threat. I believe they were suggesting asking a CHPD officer what the law was instead of the City Council? I wonder if a CHPD officer would body slam you and take you in if you asked one this question?
 
Attempting to speculate on the "logic" of libtards is difficult at best, but I assume they want any handgun carried openly to be big enough to be easily observable? I think it would never stand up in a court of law if someone was arrested for carrying a G26 or Shield or other compact.........its so ridiculously stupid its hard to even bring logic into the argument.
 
I carry a full size Springfield XD and I'm pretty sure at least 95% of the people I'm around during the day are oblivious to it.
 
SPST said:
I wonder if a CHPD officer would body slam you and take you in if you asked one this question?
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I was in Carrboro at the Food Lion with a .38 revolver in my back pocket. It was concealed it if you looked closely at my ass you could tell what it was. As I was walking out to my car, a bunch of cops came flying up, pulled into the fire lane and ran into the store. I bet some effing lib freak tried making an MWAG call.
 
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noway2 said:
I was in Carrboro at the Food Lion with a .38 revolver in my back pocket. It was concealed it if you looked closely at my ass you could tell what it was. As I was walking out to my car, a bunch of cops came flying up, pulled into the fire lane and ran into the store. I bet some effing lib freak tried making an MWAG call.
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Or quite possibly, the bakery lady said eff no Im not making you a gender-fluid same-sex marriage cake
 
Like @noway2 I work at UNC-CH. I don't live in town though, and I'm not an expert on their odd island of gun laws.

I do know that I've been stopped by Carrboro PD, Chapel Hill PD, and state troopers in Chapel Hill and Carrboro, with a gun in the car prior to having a concealed permit, or while carrying concealed with a permit, never got any guff. Really professional folks, in my experience.
 
Ikarus1 said:
Or quite possibly, the bakery lady said eff no Im not making you a gender-fluid same-sex marriage cake
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No, that's not possible in Carrboro. They advertise that they make gender-fluid same-sex marriage cakes of all flavors!
 
You guys are hilarious. John's Holmes has damaged more wombs with a large weapon than a law abiding gun owner inflicting pain. Makes no sense.
 
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