Fort Bragg soldier arrested for having assault rifle in mall. What is up with this?

Thanks for the info. You know, one really has to wonder what this soldier's motive actually were? If he wanted a photograph, you would think that one of his friends could of taken that for him with a cell phone camera or something? It just does not sound right?

Senior Chief... masterful use of the phrase "poor decision making"

I dunno. I'd probably ENJOY being his NCOIC, I'd have the opportunity to go all Gunny Hartman on his a$$ :)

Glamour Shots? O_o

Agree

I think your splitting hairs on the term assault rifle. This kid made a bad choice and is now paying for it. This does not change the fact that he was carrying a weapon through the mall be it a howitzer, or slingshot while from the sounds of it full battle dress.

LTC Yinon Weiss - This is silly semantics of the pro-gun lobby. The AR in AR-15 stands for BOTH Armilite Rifle company and Assault Rifle as the company used both in its early marketing. I enjoy the 2nd Amendment but the revisionist history to win at any cost is getting ridiculous. American Rifleman and Soldier of Fortune used the term assault pistol and assault rifle and firearm reviews in the 1070s and 80s. I wish the NRA would go back to just teaching marksmanship and firearm safety. They have destroyed too many good politicians and replaced them with far-out there kooks. Trying to discredit a story because the reporter/editor used the term "Assault Rifle" to distinguish it from a traditional hunting rifle is simply sophomoric and reminds me of the stupid stuff the liberals on campus complained about, only from the opposite direction and from older folks who should know better.

This is a red herring argument. It's a gun. He's carrying a gun into a public mall. It was a poor decision and he now faces the repercussions.

If you want to ban or confiscate a gun just call it an "Assault weapon" or better yet, an "Evil Assault Weapon" as if a center-fire rifle, with a detachable magazine, that shoots in semi-fire mode (one round per pull of the trigger), has "agency or free will" and thus can make moral decisions, so that it can be said to be Evil. Are kitchen knives "Evil Assault knives" because they are probably the most common instrument of edged weapons murders and stabbings that are committed using a knife in a domestic violence setting. Only a gun hating liberal (mostly Democrats)uses such terms to get a psychological advantage for their mostly unspoken position that America should be "gun free" like Europe is. How did that work out for the victims of the Charlie Hebdo Massacre? The Terrorists had no problem coming up with FULLY automatic AK-47 Machineguns with hundreds of rounds of ammunition (Actual and Real Assault Weapons strictly controlled in the US). Hilary Clinton has already said bringing back the 1994 Assault weapons gun ban that her husband got passed through congress and that he signed will be a major priority if she becomes President. Bernie Sanders, despite being a self-avowed socialist has not been the usual knee jerk liberal when it comes to guns, mainly as he explains, because he is from a rural state, where people enjoy their hunting rights and their gun rights (Vermont). For many, many years, Vermont, was the ONLY state that did not require a CCW to legally carry a concealed loaded handgun for most adults, without a disqualifying criminal conviction or any other legal disability (like mental health). No endorsement for Bernie Sanders or his politics EXCEPT it actually shows that one can be a socialist liberal, and not be the typical Knee Jerk, gun hating/gun banning liberal. FYI.

CPT (Join to see) In the age of the "War on Terror" using a Law like "Terrorizing the Public" implies something as well.

Sgt Aaron Kennedy, MS - True that this is not the case here. A person was charged with this while riding a horse in 1874. State v. Lanier, 71 N.C. 288, 289 (1874),

In State v. Lanier, 71 N.C. 288, 289 (1874), the defendant was charged with going armed to the terror of the people after riding a horse, at a canter, through a courthouse. Witnesses saw no arms of any kind. The North Carolina Supreme Court “attach[ed] no importance to the fact that the defendant had no arms” stating, “we think it may be conceded that the driving or riding without arms through a court house or a crowded street at such a rate or in such a manner as to endanger the safety of the inhabitants amounts to a breach of the peace and is an indictable offence at common law.” Id. at 290.

Sgt Aaron Kennedy, MS - You could read some info about the case law here.

The terminology is something that wildly varies between states. You should just read the title of the crime and associate it with GWOT. In NC if you break into a house during day when people are in it it is called Breaking or entering but if you do it at night it is called Burglary. The only difference is when they commit the crime.

Someone has taken a law class or two...

Very good point! Especially not now during the 4th Holiday! Things in the Carolinas are tough enough as it is right now.

LMAO!!! Very good analogy!!

LTC Yinon Weiss

http://www.opencarry.org/?page_id=282

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

In the second reference reference could it does actually describe "concealed" carry of a rifle or other long arm. For instance it is illegal to conceal a rifle or shotgun in your vehicle if it is within reach of any occupant of the vehicle. It does seem to state that if you are a concealed weapons permit holder you may carry any weapon you are otherwise entitled to own either openly or concealed. It does not reference when one may openly carry a rifle or other long arm. However http://www.ncwildlife.org/Licensing/Regulations/FireArmsandConcealedCarry.aspx does cover open carrying of hunting rifles/shotguns.

It is also interesting to note that the "legal" term in North Carolina is "weapon of mass destruction" rather than "assault weapon."

As to the high capacity magazines, I got that term from the news article that discussed the SGT's arrest:

http://www.wral.com/gunman-reported-at-fayetteville-s-cross-creek-mall/14751863/

PO1 John Miller - Open carry in North Carolina is perfectly legal, as it is in the vast majority of US States (45 of the 50 States). There is no concept of concealed carry of rifles in North Carolina (different from concealing in your vehicle), so open carry of rifles is also legal.

The NC "weapon of mass destruction" appears to closely mirror the 1934 NFA provisions. It does not extend to semi-automatic firearms.

The media is horrible with mislabeling firearms. In this case, they labeled something as a "high capacity magazine" when in reality, there is no such thing in North Carolina. They make this mistake all the time. I try not to repeat the terms they use when incorrect.

LTC Yinon Weiss

Good points all. It is interesting to note however that each state (though wrongly in my opinion) can decide for themselves what a "high capacity" magazine is. For instance in California where I used to live, I couldn't have any mags, handgun or rifle, over 10 rounds in size. Even though the standard size magazine for my Glock 17 is 17 rounds and the standard size rifle magazine for semi-automatic 5.56/223 rifles (mistakenly all called an AR 15) is 30 rounds as I'm sure you're well aware of.

So the first thing I did when I moved to Arizona was to buy standard sized magazines for my Glock and CMMG rifle.

You do not walk into a mall with an AR 15, vest,and ammo. Its a good way to get oneself shot.

CPT (Join to see) - Bummer, Rockolla had the best burgers ever and enough fries to keep a fat man happy. They used ground steak instead of hamburger.

SSG John Erny - They were horrible the few times i went.

CPT (Join to see) - Must have been why they went under, pretty good in the late 80's

I remember Rockolla. That place was awesome when I went there. Then they went downhill. After I PCSd back to the nam they were gone. /shrug
Never heard of Anna Belles.

Colonel, you are my kind of a leader! There is only one way to teach these idiots right from wrong and sometimes we have to make sure that it sinks into their heads and has a lasting impression.

I've been reading through the comments. I honestly admitted I know nothing of laws or weapons, and I'm swamped with new information. However I am familiar with "cure for dumbass", and it makes me feel relieved others do too.

I like that.

Nice to see SOMEONE knows the law. Open carry with the intent to disrupt the populace is illegal

SGT Rahe, Considering that you are a Sheriffs Officer in NC, I am not surprised about your statement, but in reading the information available about this law, I believe that your interpretation is highly suspect. I have also noted that most reports note that a large majority of charges brought under this law are usually dismissed by the DA's offices before they get to court. With that being said, stupidity is not against the law, otherwise most soldiers at Fort Bragg would be in jail. I make an exception about Fayetteville, though - a number of years ago a good portion of the judiciary there did charge and convict soldiers of stupidity. Next, a soldier in Fayetteville, NC going to a photo-shop to get a gung-ho picture made with weapons and other military/military style gear was happening long before either you or I joined the Army. How do I know - It was happening before 1976 when I arrived at Fort Bragg/Fayetteville, NC.

Now to the gritty outline of commentary on this law:
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).

Notes:
Generally. For the elements of this offense, see Dawson, 272 N.C. at 549, and Staten, 32 N.C. App. at 497.

For a case in which the evidence was sufficient to establish this offense, see, for example, Dawson, 272 N.C. at 549 (armed with a carbine and four pistols, the defendant and three others drove on the public highways at night, firing bullets into a store and two homes).

Element (1). In Huntly, the court held that any gun is an unusual and dangerous weapon for purposes of this offense. Huntly, 25 N.C. at 422. In that case it was argued that a gun cannot constitute an unusual weapon, “for there is scarcely a man in the community who does not own and occasionally use a gun of some sort.” Id. The court rejected that argument, concluding: “A gun is an ‘unusual weapon,’ wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements–as a part of his dress–and never we trust will the day come when any deadly weapon will be worn or wielded in our peace loving and law-abiding State, as an appendage of manly equipment.” Id.

In State v. Lanier, 71 N.C. 288, 289 (1874), the defendant was charged with going armed to the terror of the people after riding a horse, at a canter, through a courthouse. Witnesses saw no arms of any kind. The North Carolina Supreme Court “attach[ed] no importance to the fact that the defendant had no arms” stating, “we think it may be conceded that the driving or riding without arms through a court house or a crowded street at such a rate or in such a manner as to endanger the safety of the inhabitants amounts to a breach of the peace and is an indictable offence at common law.” Id. at 290.

Element (3). It appears that the offense would not occur if the defendant remained on private property.

Element (4). The offense of affray involves fighting in public to the terror of the people. For purposes of that offense, cases hold that if members of the public experience fear, the “to the terror of the people” element is satisfied. In re May, 357 N.C. 423, 428 (2003). In an unpublished case involving a charge of going armed to the terror of the people, the North Carolina Court of Appeals found this element satisfied where the defendant shot his gun while driving closely behind another vehicle on a public highway. State v. Toler, 716 S.E.2d 875 (N.C. App. 2011) (unpublished) (rejecting the defendant’s argument that his actions were not “to the terror of the people” where the only people involved were those in the victim’s car, and stating: “We find this to be substantial evidence that this behavior was intended to be to the terror of the people and was in fact to the terror of the people. The fact that a limited number of witnesses testified regarding Defendant’s actions does not change the character of those actions.”).

Charging issues. Although it is proper to enumerate the acts or threats of violence that the defendant undertakes while armed, such allegations are not required. Dawson, 272 N.C. at 549 (indictment upheld absent such allegations).

Sometimes, it's not what you do, it's how you do it.

How to do open carry:

Be polite, be professional. Clean clothes, a clean shave, and a polite demeanor make a heck of a difference in how people perceive and interact with you, even if you're visibly packing.

If you're carrying a pistol, keep it holstered, and don't reach anywhere near it unless you need to draw it in defense of your own life or the lives of others.

If you're carrying a rifle, sling it inverted at your shoulder or across your back, with a chamber safety flag and no magazine inserted. Keep your hands away from it unless you imminently need it. If anyone asks, politely explain that the weapon is not loaded, that the chamber is blocked, and that there is no magazine inserted. Explain that you aren't there to threaten or intimidate anyone. If a business manager or owner asks you to leave, apologize and leave. Don't give any drama, just be polite.

Walking into a mal in this day and age is dumb, period. I don't disagree with you
I am an advocate of open carry but there are too many that do not exhibit those tactics you describe and are confrontational, I'll informed and an accident waiting to happen

Great come back Capt!