Friday, September 23, 2016

Armed Man is Able to Drive Through Charlotte Riot with Gun; Open Carry is Legal

There are riots in Charlotte, North Carolina, sparked by the shooting of an armed black man by a black police officer. A motorist caught by rioters blocking the street, briefly displayed what appears to be a handgun. 

A video of the alarming moment was posted on social media by writer Heather Head in the midst of the chaos.

'White dude drives into crowd of peaceful protesters, draws gun, allowed to drive away alive. With my own eyes. #CharlotteProtest,' she wrote alongside the shocking clip.

The man was surrounded by protesters who were marching against the deadly shooting of black man Keith Lamont Scott by a cop on Tuesday afternoon.

Link to video

It is legal to openly carry a firearm in North Carolina, but not in a riot or organized protest, if the carry is intended to further the civil disorder. From the UK Daily Mail:
The law states: 'You may not carry a weapon at a parade, funeral procession, picket line, or other demonstration, except for guns carried on a rack in a pickup truck.

'You may not carry a weapon during civil disorder, riot, or other disturbance involving three or more people.'
The Daily Mail is using a shorthand version of the law, found on the Internet.  Their source appears to be  The full statute shows that more is required to make the carry illegal. The law referenced is statute 14-288.20.  
(b) A person is guilty of a Class H felony, if he:
(1) Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder; or

(2) Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, intending to employ unlawfully the training, practicing, instruction, or technique for use in, or in furtherance of, a civil disorder.

 Presumably, the law would only apply to the willful carry of a weapon in a civil disorder, riot, or other disturbance, with the purpose of furthering the civil disorder. It would be absurd to require an armed person to abandon their arms in the middle of a riot that they become inadvertently caught up in.

The video illustrates the effect of deterrence. After the motorist displays that he is armed, he eventually is able to move through the crowd without being stopped, as he was initially.

It is worth noting that the all of the people in the street who are "protesting", are violating North Carolina law. It is illegal to obstruct the highways and roads in North Carolina, as it is in every state.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Link to Gun Watch


Anonymous said...

Bicycle cops rolled up to the car towards the end of the video. Anybody know the contents/result of that conversation?

Anonymous said...

I have been there. I made a wrong turn off the freeway in Florida. At the time I was transporting my gun shop inventory. I was surrounded in all directions. I stopped loaded up several guns. let them be seen, revved up my engine and drove through the crowd. Once they saw my artillery they made a path.

Anonymous said...

The wording of that law makes no sense. You drive to town and wind up in the middle of a riot. who knows when a fight might break out. You carry for emergencies in self defense. to be in compliance with that law you would have to be clairvoyant. I still have the rifle rack for my truck but I have not carried a rifle in many years in my truck because of theft. Any gun law is repugnant to the second amendment in the constitution. States have no authority to pass laws that infringe on the right to carry. Unconstitutional laws are not laws and are void.

Anonymous said...

You have to remember that United States Supreme Court rulings affect all jurisdictions in every state. this is why we need a constitutional amendment guaranteeing right to life to end Roe v Wade. to Take the issue away from the court. What good does it do to have a law on the books if compliance can not be enforced? the second amendment and the tenth amendment are in simple to read plain English. the federal constitution supersedes all state constitutional authority.