TexasCHLforum.com

chabouk wrote:

srothstein wrote:Looks like he was wrong on the law. He admits he stopped to tape what was going on, which makes him a spectator. NC law forbids spectators (among others) from having weapons at parades or demonstrations, either on public or private property.

When no one is holding a sign or shouting slogans, is it a demonstration?

Sure, ever hear of a sit in? It can be a very quiet demonstration.

On a more serious note, I don't know what their definition of a demonstration is and that might be a very valid point. Since he had been talking to the guys earlier and admitted he went over to watch, I think it can be stipulated as a demonstration though. I would hate to have to depend on that fine a technical point for my defense, though it (and less) has worked for others in the past.

Even if they were holding signs, since they were on neighboring private property I don't think they would meet the definition of "demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions".

They weren't "upon any private health care facility", and they weren't "upon any public place owned or under the control of (government)".

This is a much better place to be. I must have missed the exact location, but you would appear to eb correct. If it was on a neighboring piece of private property, he may very well be golden.

And yes, Dicion, I agree that they are definitely working hard at making the example of him. I could see the search warrant to prove he has a gun, since the arrest was not made at the scene. But it must have been a very slow police day for them to take this case this far. I have never yet seen a detective with such a light case load that he could waste time on this type of thing without pressure from above (read that as the politicians).

Looks like he was wrong on the law. He admits he stopped to tape what was going on, which makes him a spectator. NC law forbids spectators (among others) from having weapons at parades or demonstrations, either on public or private property.

One of the problems with demonstrations about our rights under the 2A is to make sure we obey the current law until we get the court to overturn it. He obeyed the overall law allowing open carry and forgot to check all of its permutations. Our laws are almost as badly written with having to check different sections to get everywhere you can or cannot carry.

Here is the law:

http://www.ncga.state.nc.us/EnactedLegi ... 277.2.html" onclick="window.open(this.href);return false;