Concealed Carry

History of Concealed Carry in North Carolina, Part 6: Dumb Legislative Tinkering (1919-1935)

From the 1919 Consolidated Statutes of North Carolina to the publication of the Code of North Carolina in 1935, only minor and somewhat humorous (depending on one’s perspective on government) changes were made to the law banning the carrying of concealed weapons in the state.

In 1923, two pieces of legislation was passed amending Sec. 4410 of the NC Statutes, but only applying to the counties of Durham (Ch. 48 of the session laws), and Halifax and Northampton (Ch. 57). Both set the minimum fine for violation of the concealed carry law at $100 (rather than $50), and the Halifax/Northampton law also modified the penalties for subsequent offenses (see pictures below).

 

NC 1923 Chapter 57NC 1923 Chapter 57 p2 Rev

In 1924, the law was further amended to make the version of Sec. 4410 of the Consolidated Statutes in effect in the counties of Halifax and Northampton apply also to Franklin County.

Just five years later, the General Assembly of North Carolina amended Sec. 4410 once again, this time repealing the 1923 legislation covering Halifax and Northampton (and, by extension, Franklin) Counties.

NC 1929 Chapter 51

Legislation in 1929 also amended the statute by adding to the language excepting “Officers and Soldiers of the United States Army” the following restrictive language: “when in discharge of their official duties as such and acting under orders requiring them to carry arms or weapons”

Thus, the concealed weapon ban in the North Carolina Code of 1935 read as follows:

4410. Carrying concealed weapons. –If any one, except when on his own premises, shall carry concealed about his person any bowie knife, dirk, dagger, slungshot, loaded cane, brass, iron or metallic knuckles or razor or other deadly weapon of like kind, he shall be guilty of a misdemeanor, and fined or imprisoned at the discretion of the court. If any one, except on his own premises, shall carry concealed about his person any pistol or gun, he shall be guilty of a misdemeanor and shall be fined not less than fifty dollars, nor more than two hundred dollars, or imprisoned not less than thirty days nor more than two years, at the discretion of the court. Upon conviction or submission the deadly weapon with reference to which the defendant shall have been convicted shall be condemned and ordered confiscated and destroyed by the judge presiding at the trial. If any one, not being on his own lands, shall have about his person any such deadly weapon, such possession shall be prima facie evidence of concealment thereof. This section shall not apply to the following persons: officers and soldiers of the United States army, when in discharge of their official duties as such and acting under orders requiring them to carry arms or weapons, civil officers of the United States while in the discharge of their official duties, officers and soldiers of the militia and the state guard when called into actual service, officers of the state, or of any county, city or town, charged with the execution of the laws of the state, when acting in the discharge of their official duties.

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One thought on “History of Concealed Carry in North Carolina, Part 6: Dumb Legislative Tinkering (1919-1935)

  1. Pingback: History of Concealed Carry in North Carolina, Part 6: Dumb Legislative Tinkering (1919-1935) | Rifleman III Journal

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