Demonstrating With Guns: G.S. 14-277.2

Over the past couple weeks, North Carolina has joined the growing list of states in which armed demonstrators have gathered to express their opposition to virus-related restrictions on economic activity and social gatherings, or to more generally express their opposition to any restrictions on their Second Amendment rights. Dressed in patriotic or military-style gear, and armed with a variety of openly displayed handguns, rifles, or even an (inert) AT-4 anti-tank weapon, these groups have processed along city streets and sidewalks or gathered in public locations like a historic cemetery and a downtown restaurant. Now, particularly in light of an incident over the weekend where two local attorneys walking with their children felt threatened by a demonstrator wielding a large pipe wrench, a lot of people are asking the same question: are these armed demonstrations legal? The question seems simple. The answer is more complicated. A.  Background and Related Posts We should start by distinguishing this issue from the much larger bodies of law related to protests and firearms in general. My colleagues have written a number of posts on those topics over the years that readers may want to revisit. 1) Other Crimes Committed at a Demonstration Protests and public demonstrations are permitted, of course, but if a participant engages in other criminal conduct during the course of the event (e.g., assault, communicating threats, trespassing, destruction of property, obstructing traffic, or resisting arrest), then he or she may be prosecuted for that offense. See Jeff Welty's post on that topic here. [...]