yes, in NC if you are asked to leave or told you cannot cary, then you cannot. if you do not leave, then you are guilty of armed trespass

 

You would be violating the property rules, no doubt.

I think the "spirit" of the rule is likely rooted in preventing people from "plinking away" on the property, with BB gun, .22 or whatever, or from walking around with a rifle if one intended to go hunting, for instance.
Obviously there is a lot of time when you are NOT on the property, traveling to and from, time spent "in town" or whatever. If it were me, I would keep the handguns locked in a case, in the vehicle, out of sight, when actually at the cabin.

Enjoy your vacation!

 

Not to be one who condones violating the law I would consider two things. How bad do you want to be there and how important is your safety. In my mind my safety comes first. I would use the don't ask don't tell philosophy.

 

I would cancel my reservation and let the proprieter know why

 

:usa:
My wife and I went to a state owned cabin in Tenn last year. We had to go to the front desk and let them know we were carrying and show them our permits. Everything was okay after that.

As far as your situation goes you will be breaking the law if you decide to carry on their property. They tell you up front they will call the police and have them inforce their gun rule. I would try to cancel that reservation and make one at a gun friendly cabin. At least one that doesn't say NO.

 

This is a interesting question since on one hand we are talking about private property and the state allows the owner to post their property. On the other hand is the fact that it is rental property and as such falls under the definition of the word home under 14.51.2. I also seem to recall reading about a law or a law suit that said that landlords cannot put such restrictions in a rental contract or that such restrictions are unenforceable. I am headed off to the grocery store right now but will see if I can find said law or law suit and post back later.

With that said if I were the op I would keep my mouth shut and carry anyway.

 

I appreciate all of the replies for this question. I've emailed the property hoping to obtain a written decree allowing my to bring with me my firearm onto their property during my stay. Email below. I'll follow up when I have a reply from them.

Hello,
My name is XXXX. After much discussion and research (including the XXXX website [1]) with my lady, we decided to book a three day stay, plus an additional night, at the XXXX Cabin located at XXXX, arriving XXXX and departing XXXX. Upon purchasing and reserving the cabin dates for our stay via telephone, I received emails confirming the purchase and stay.

In these emails is detailed a list of Rules & Regulations, of which, I was deeply troubled by rule number two:
“2) No firearms allowed on property. This includes BB guns and paintball guns. Local authorities will be called to handle non-compliance.”

Being a Florida resident, I am a law abiding and responsible concealed weapons permit holder which allows me to carry a legally obtained firearm (more specifically a handgun) for the purpose of self defense. My Florida Concealed Weapons Permit is recognized by 35 other states, one of which is North Carolina [2], thus allowing me to travel fairly broad within our beautiful country and do so within the legal confines to defend myself or my loved ones.

While I recognize that past incidents at XXXX properties may have lead to such a Rule & Regulation, this sets a legal boundary in place which prevents me from properly protecting myself or my loved ones, in the case of an emergency, while at the cabin.

Consider this from a customer side: I am traveling from Tampa Bay area of Florida to Bryson City, NC – approximately 600 miles, during the XXXX, where weather and road conditions may leave myself and my lady stranded and at the will of winter elements and/or criminals, to a secluded cabin in the woods, where bears are known to exist, and this cabin does not have a security system, security guard, or a written guarantee of safety. Additionally, this “No firearms allowed on property” rule does not appear anywhere on your website and is only stated once a reservation and purchase has been made. [1]

As stated above, I am a law abiding citizen with a legally obtained firearm, and have a state issued Concealed Weapons Permit. I follow these legal guidelines explicitly in order to protect myself and my loved ones, as permitted by the 2nd Amendment in the U.S. Constitution. In no way do I wish, nor intend, to disrupt the harmony of our stay with XXXX in the manner of displaying or discharging my firearm for fun, sport, or entertainment – I singularly wish to possess my firearm, in a legally concealed, mature, and responsible manner, for the intent and purpose of self defense, should a situation arise in which self defense was demanded, under the threat of imminent danger, great bodily harm, or death to myself or loved one.

I wish to have, in writing from XXXX, a statement permitting me to posses my firearm (precisely my handgun) during the time of my visit to the property, for the explicit purpose of self defense. I would like to enjoy my visit to your property as planned, but cannot morally put myself and my loved one in any situation in which I am prevented from protecting myself in a manner consistent with the gun laws of North Carolina. I look forward to your reply.

Singed,
XXXX
11/25/2012

[1] XXXX
[2] http://licgweb.doacs.state.fl.us/news/concealed_carry.html

 

My lady and I rented a cabin nearish Bryson City, NC. We both live in Florida and have a concealed weapons permit by the state. After receiving a confirmation email for the cabin rental, we notice it says the following:

"Rules & Regulations"

"No firearms allowed on property. This includes BB guns and paintball guns. Local authorities will be called to handle non-compliance."

So, after hours of trying to verify if we would be violating a property rule or a state law (which makes a world of difference legally), Im at wits end. I want to enjoy a nice cabin retreat in NC, but do not want to put myself or my lady in harms way, whether it be a 300 lb bear or predatory criminal.

So, considering this cabin rentals rules combined with state laws, and a legally recognized conceal permit, am I breaking the law by either carrying concealed or open, or both, while on this property?

We stayed at Bear Creek Cabins in Western Carolina, near Western Carolina University. It's very remote and out there. Not the greatest place I have ever stayed in. I asked about firearms, I ended up shooting all my pistols there in the side of his mountain. I almost brought the .338 Lapula, but it's a vacation area. That booger is loud......

But yes you;d be breaking the law. It's a business that posted no firearms. Like going to a store that is posted. Find another place to stay..

 

If you don't feel safe without your gun, I'd spend my money elsewhere. Shop around opcorn:

 

My lady and I rented a cabin nearish Bryson City, NC. We both live in Florida and have a concealed weapons permit by the state. After receiving a confirmation email for the cabin rental, we notice it says the following:

"Rules & Regulations"

"No firearms allowed on property. This includes BB guns and paintball guns. Local authorities will be called to handle non-compliance."

So, after hours of trying to verify if we would be violating a property rule or a state law (which makes a world of difference legally), Im at wits end. I want to enjoy a nice cabin retreat in NC, but do not want to put myself or my lady in harms way, whether it be a 300 lb bear or predatory criminal.

So, considering this cabin rentals rules combined with state laws, and a legally recognized conceal permit, am I breaking the law by either carrying concealed or open, or both, while on this property?

When you rent or lease the property it is yours while you are living there and you have the right to protect yourself. Also that's why they call it concealed carry .Keep it concealed and don't do something stupid.Your firearm is for your protection.Keep it close and out of sight from prying eyes and you should not have a problem.I would think the castle doctrine would cover you in having the firearm.I would suggest that you contact the NC attorney Generals office for clarification on this law.

 

opcorn:opcorn:opcorn:

 

Will be interesting to see how they reply.

 

Great news!

The president of the cabin rental company not only replied, but personally called me (mind you within two hours of my email and on a Sunday) stating his explicit permission for me to bring my firearm onto the property in recognition of citizens rights to legal carry and protection. He followed up the phone call with an email so I would have it in writing. He explained that the section of the email pertaining to firearms is a standard legal rental agreement, but he understands my desire to have that expanded upon for legal understanding. He was very kind and advised that legal, law abiding gun owners are clients he enjoys having stay at his properties.

Bravo for him and his recognition of gun laws and citizens rights! :usa:

His email:
Hi XXXX,

This email serves as a follow up to our phone conversation and you being a licensed individual to carry a firearm in the state of NC can do so when you occupy The XXXX cabin XXXX 2013.

The weapon is for protection only and you will not be target shooting on the property. You will remove the weapon with you upon Checkout XXXX, 2013.

XXXX XXXX 828-XXXX-XXXX

 

Nice, great letter to him and I love that they replied in that manner !

 

Well done, sir. Enjoy your stay in the Smokies.

 

I wqs thinking "This dude best start looking for another cabin.".
Wrong I was!
Great!

 

and that my friends is the correct way to go about this for both parties involved!!! good on you for the letter, and good on the rental company for letting you do it!!

 

The reply you got was far better than I would have expected. I would be sure to follow up with a letter of thanks after your stay.

 

Very well handled! Results like this seem to offer some hope that our Second Amendment Rights may just be gaining wider recognition and support.:NCGO:

 

I glad the owner allowed this. But....
Doesn't the castle doctrine include any place you would be staying? It does for motels, etc.
So this rule would basically be in violation of state law.

Matt

 

Well done

 

:usa:
So may I ask the name of these cabins so others might promote them? He was very professional and timely in his response. I would stay there...if the cabins are good. I need to go to Bryson City soon and ride the train and view their model train layout.

 

It is good to hear that things worked out ok for the OP as to the law or law suit I mention earlier I am still tring to find it and will post when I do. My problem is that I had it book marked on my other cpu and lost it when the hard drive crashed and do not remenber where I saw it but I will keep looking.

 

I glad the owner allowed this. But....
Doesn't the castle doctrine include any place you would be staying? It does for motels, etc.
So this rule would basically be in violation of state law.

Matt

Sorry but Negative. The owner of the property has the right to not allow weapons on their property. As to motels, you better double check that 'cause GRNC had major rounds with Marriot not to long ago about their no weapons policy. Castle Doctrine doesn't trump the owner of the property's wishes.

 

http://sleepingdogcabinrentals.com/

Stayed at Sleeping Dog Cabins in Bryson earlier this year. They are pet friendly, private access to Lake Fontana, close to Bryson City and NOC. The owner even has a bar on the property, if you are so inclined. We found plenty of brass around the property, and when we mentioned it to the owner he had no problem with it. Very nice multi-purpose bank that ran along the right side of our cabin.