CHARLOTTE, N.C. — In North Carolina, open carry is legal without a permit if someone legally owns a firearm. However, private property owners can restrict guns by putting a sign on their doors saying no guns are allowed.
A man who was arrested at a Monroe Walmart for having multiple guns is facing an unusual criminal charge: "Going armed to the terror of the people." What exactly does that mean?
WCNC Charlotte is taking a deeper look at that charge.
Monroe police posted a picture of the guns the suspect was carrying when he walked into the Walmart yesterday.
Walmart does not allow people to bring guns into their stores, but if the suspect was instead on public property carrying these weapons, could he still face that charge of going armed to the terror of the people?
OUR SOURCES:
WHAT WE FOUND:
According to the UNC School of Government, the charge of "Going armed to the terror of the people" is a common-law offense. Meaning it's not in the criminal code, but it's based on a legal precedent that has been established by courts.
Mauney said this means a gunman can still be charged even if the person is carrying a weapon legally.
"Once you begin to use that weapon that's lawful to carry in a way to terrorize people, your second amendment right is now infringing on people's rights," Mauney said.
Prosecutors must prove certain elements for a defendant to be found guilty of this offense.
According to UNC, the fundamental elements of the crime include a person armed with an unusual and dangerous weapon for the purpose of terrifying others and going about on public highways in a manner to cause terror to the people.
"When you venture out into a public place, whether it's a Walmart where the public is whether it's a member of the street or highway, you can still get into trouble under the law," Mauney said.
UNC School of Government said the crime is a Class 1 misdemeanor under North Carolina statute that can result in a punishment of up to 4 months in jail.
VERIFY is dedicated to helping the public distinguish between true and false information. The VERIFY team, with help from questions submitted by the audience, tracks the spread of stories or claims that need clarification or correction. Have something you want VERIFIED? Text us at 704-329-3600 or visit VERIFY.
Contact Meghan Bragg at mbragg@wcnc.com and follow her on Facebook, X and Instagram.
WCNC Charlotte's Verify series is all about trying to make a difference in the Carolinas by making sure the community has the correct information. WCNC Charlotte outlines concisely what we know and what we don't know. Sometimes the answer can be surprising. Watch previous stories where we verify social media claims in the YouTube playlist below and subscribe to get updated when new videos are uploaded.