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ONLY ON 3: Troopers question man for carrying gun

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SHALLOTTE, NC (WWAY) – A Brunswick County man says two state troopers bullied him while he was trying to pick up lunch Tuesday afternoon.

The reason: he was wearing a holstered gun.

"I like to protect myself and I have the right too," Donnie Long said.

You don't see it very often, but in North Carolina, a legal gun owner can wear a gun out and about. It's called Open Carry, and the only thing that can stop you is a sign on a business barring your weapon.

Long says he carries a weapon for protection, so when he stopped by the Burg-Dog Grill to grab lunch Tuesday afternoon, he was surprised when he was chastised by the troopers.

"The other officer attacks me about my gun,” Long said. “He asked me who gave me the right to walk into a restaurant with my gun around a register, because I may rob it. I am no criminal.”

Long told us he's lived in Shallotte his whole life and was shocked that it seemed the troopers were not aware of the Open Carry Law.

A spokesman for the Highway Patrol said Wednesday that he was not aware of this particular incident, but that he would look into it.

Long says he is still shaken up.

"I think it's wrong for officers to attack you like that,” Long said. “They told me that I didn't have the right to walk into the restaurant and that I couldn't be around open cash registers. He gave out wrong information and I think something should be done about it."

Long says after his run-in with the troopers, one of them showed up at his house yesterday and apologized for his behavior.

We tried to talk to the owner of the Burg-Dog Grill, but he said he had no comment.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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BLET basics

Anyone certified by NC Training and Standards has to complete BLET. Troopers have to go to their academy and take the same but much more advanced training. Open Carry is taught at BLET and no way can a LEO get certified until he completes the Open Carry portion of the Chapter 20 Statutes. There is a test that must be taken during every portion of BLET course. To claim that a NC LEO doesn't know about the Open Carry law is a sign of dementia.

wrong

First, Chapter 20 is motor vehicle laws, nothing in Chapter 20 has to do with open carry laws. Second, maybe all of 20 minutes is spent on open carry in BLET because,BLET covers the basics until you can be formally trained by the agency that hires you. Last, the highway patrol spends even less time on it since their main area of law enforcement is related to traffic related offenses. So when you are trying to sound smart and use law enforcement lingo, maybe research it before hand. By the way I'm a full supporter of open carry and truly believe these troopers didn't know the law.

In reply:

BLET covers all the Ch 20 and then some it just takes troopers longer to learn the laws.. This statement is proven in the previous comment that troopers did not know about the "OPEN CARRY LAW" ... every law enforcement officer knows that NC is a open carry state...

IF THEY KNEW

then why did they even hassle him...just showing their power? If they knew the laws then it was just plain harassment by the Gestapo.

maybe

Maybe they did it because it is funny to watch you get your undies all in a twist.

Frequent Victim?

I'm finding it rather ironic that when questioned about having a firearm on display in a public place, this guy immediately labels himself as a victim of bullying. "Bullying" must happen pretty frequently to this bozo if he feels the need to wear a gun to pick up a hotdog. I would venture to say that this probably isn't the first time he's felt "bullied". ...personally, I'm glad he was asked why he had it. These officers, nor the general public, would know what his intentions were when carrying a weapon. I also don't understand how this person with his obvious knowledge of all things legal would think it was ok to park illegally in a fire zone which is what initially got the troopers attention anyway. I am a gun owner and defend our right to bear arms but this dude is laughable. Why not, when being asked why you had the gun on your person, wouldn't you just answer respectively that it is your legal right and you were not there to cause any harm? But that would've made him seem mature and intelligent. Instead he's whining like a sissy that he was bullied because he was asked a question. But he got to be on tv! And that's awesome! Bet all the kids that bullied him in high school are envious now!!

Yes bullying

There is no place in this story where it is indicated the officers 'Merely Inquired' and they sure did not come to his house to apologize over a mere inquiry.
Their the police nor the general populace his intentions? Unless you, the police or the guy down the street has a HARD reason to suspect us of something our intentions for living our lives is non of any of your business.

But we are indeed living a new progressive/fascist era--from the drug laws, RICO, the Patriot Act and such Justify Your Existance is getting all to prevalent.

all day and night these

all day and night these troopers run up and down the highways issuing tickets(strong armed robbery) for every thing they can think of showing no mercy unless of course you a pretty white woman then maybe. police wake up of morning they think to themselves whos life can i destroy today. who can i ruin and who can i rob to pay my salary to feed the government today

WHY don't the police KNOW THE CONSTITUTION!?!?

Why aren't our PUBLIC SERVANTS taught the CONSTITUTION?
We know they don't hire police officers/peace officers because they're intelligent, in fact, if one is too intellegent, they are BARRED from becoming police/peace officers!
This is a proven FACT!

Get your facts right!

What this news story fails to address is that the Troopers DID NOT harass or bully this individual for open carry! His initial encounter with the Troopers in question dealt with the fact that he was illegally parked in front the restaurant. Mr. Long was NOT cited for this and should have been. It was only after the Troopers addressed this issue that they noticed he was open carrying. The Trooper who honestly did not know about open carry here in NC apologized to Mr. Long for his behavior. Mr Long, will you apologize to the Troopers for NOT citing you? Somehow I doubt it!

While there are some in LE, at all levels of government, who do wish to strip us of our 2nd Amendment, this is not one of those times. As for GRNC, I support you but you need to get this right. There are two sides to every story and so far we have only heard Mr. Long's, which I dare say is not 100% correct.

WWAY, you should get your facts correct before you post such detritus!

Let the armchair keyboard warriors respond.

DON'T FORGET

all the times the State Nazi's park where they are not supposed to (handicap spots, etc) or run up and down the roads speeding like heck to get to the doughnut shop to meet up with their buddies....thank a trooper, not in this lifetime.

Sounds like Long was "going

Sounds like Long was "going armed to the terror of the public" and the troopers were fully aware of the law. Maybe he should be aware of the law, how the pubic perceives OC activism and just be happy they didn't charge him instead of whining about how mean the troopers were to his gun :( Statute
This is a common law offense. State v. Dawson, 272 N.C. 535, 541-42 (1968); State v. Huntly, 25 N.C. 418, 418 (1843); State v. Staten, 32 N.C. App. 495, 496-97 (1977) (citing Dawson).
Elements

A person guilty of this offense

(1) arms himself or herself with an unusual and dangerous weapon

(2) for the purpose of terrifying others and

(3) goes about on public highways

(4) in a manner to cause terror to the people.

Punishment

Class 1 misdemeanor. G.S. 14-3(a).

you prove Mr Longs case

YOU HAVE JUST PROVEN MR LONGS CASE RIGHT THERE AND TO STUPID TO REALIZE IT

A person guilty of this offense

(1) arms himself or herself with an unusual and dangerous weapon

(2) for the purpose of terrifying others and
.... MR LONG WAS GETTING SOMETHING TO EAT HE WAS NOT TRYING TO TERRIFY ANYONE

(3) goes about on public highways

(4) in a manner to cause terror to the people.
...... ....... IN THE HOLSTER IS NOT CARRYING IN A MANNER TO CAUSE TERROR

It's not an unusual weapon

It's not an unusual weapon and is not dangerous until it's out of the holster and pointing at your head with the finger on the trigger.

Sounds like you need to understand that common law offense

While it has been shown in court that item 1 was fulfilled by a handgun, it is obvious that 2-4 have not been met for the purpose of that dubious crime.

2 - can you prove his intent, looks like his intent was to eat lunch
3 - he was in a private business, not on a public highway
4 - he was not causing terror, and the courts have already upheld that carrying a properly holstered handgun is not in itself enough to cause terror. If he was waving it around in his hand, that would be a different story.

One of the two troopers?

One of the two troopers?

Well....

1. "Long told us he's lived in Shallotte his whole life and was shocked that it seemed the troopers were not aware of the Open Carry Law."
Mr. Long...with the turnover with police down there...they hadn't had time to study the laws...and on top of that...your gun was fancier than theirs...so there you have it...jealousy :-(

2. (Quote) "We tried to talk to the owner of the Burd-Dog Grill, but he said he had no comment" (Unquote) He wouldn't, about another's business.
It's "Burg-Dog Grill"...the correct way of your spelling it would be..."Bird-Dog Grill"...burgers made from Bird Dogs.
I bet what the owner of Burg-Dog Grill is really thinking (without commenting is)..."Man...business will BOOM NOW!"

Compliance with state law

Mr. Long: My name is Paul Valone and I direct Grass Roots North Carolina (www.GRNC.org), the state's primary gun rights organization. I would appreciate it if you could contact me at President@GRNC.org to discuss your problem further.

Many thanks,
Paul Valone

Paul Valone

wow... I see you reaching out to this gentleman about a non-issue situation... when i contacted you about a matter that affects hundreds of thousands of NC residents having there rights taken away by NC gun laws .... and you say, good luck... was it because mine was an issue pertaining to a felony having his rights taken away, after they had been restored?... do you realize that the re-wording of the felony firearms act also divested the rights of another several hundred thousand of NC citizens that had not originally lost their rights. By simply changing the law to say that anyone that had committed an offense that was punishable by more than one year (even if they only got 3 month probation). Instead of the 2 years that it was. There are now people walking around that don't even know that they could be facing felony charges because their rights "weren't" taken away when charged... but, have lost them through legislation and don't even know it and now face a felony... unbenounced to them... again ...wow...

Since when does GRNC give a

Since when does GRNC give a rat's rear end about OPEN carry, Mr. Valone? GRNC has repeatedly used OPEN CARRY as the sacrificial lamb to liberal groups and legislators for the sake of advancing concealed carry. Is the sudden change of heart genuine or merely for the sake of publicity?

Since when do open carry

Since when do open carry supporters act like rats rear ends? Impoliteness doesn't help the cause - particularly in public.

We should organize an "Open

We should organize an "Open Carry" day here in the area and exercise our 2nd Amendment right. An open carry day might help educate both the public and our ignorant LE.

State v. Kerner (open carry of handguns protected by NC const.

The Troopers must have been out of touch with long standing legal precedent of the NC Supreme Court in State v. Kerner (state and local agencies may not ban open carry under NC constitution).

I'm glad it worked out in the end.

Learn more at OpenCarry.org.

These Troopers would have

These Troopers would have been asking black people why are they standing next to an open cash register, back in the day. They have been trained to see the public as the enemy.

I would have told

the state trooper that came to my house to get off my property and that I could give a crap for his apology. Every time you have an encounter with cops use your phone and record it, then post it where ever you can so they can be shown to be the thugs they are. REMEMBER RECORD EVERYTHING.

It's a good thing

It's a good thing Mr. Long is not a 90 pound schizophrenic kid. Open carry or not, he'd be dead right now.

He would be safe. Southport

He would be safe. Southport cops don't eat there.

it is really a good thing

it's a good thing you're not in a position to judge anyone else's actions! Because you are judging someone without having all the facts! Grow up!

I find myself getting

I find myself getting uncomfortable out in public and restaurants with all the "supposed to be leo's with gun's in plain view and no recognizeable uniforms, from paramilitary dress to quick draw holsters strapped down on their knee's, driving everything from golf carts to Humvees, what a strange world we live in lately.

How can you

enforce the law when you don't know it? Come on guys, get it together.