Carrying a gun while wearing a mask: NC sheriffs clarify what’s legal during pandemic
It’s illegal to wear a mask in an attempt to conceal your identity in North Carolina unless it’s Halloween, Mardi Gras or you’re attending a masquerade ball, according to general statutes.
At least it was, pre-pandemic.
Now, as local officials from Raleigh to Boone institute mask requirements to protect against the coronavirus and N.C. Gov. Roy Cooper weighs a statewide mandate, residents are seeking a clarification of the rules — particularly those with gun permits.
In Illinois, Gov. J.B. Pritzker’s May 1 order requiring all citizens wear a face covering when leaving their homes set off a debate about the implications for concealed carry permit holders. It’s against the law in Illinois to conceal your identity with a mask while also concealing a weapon, WGLT reported.
But sheriffs and county prosecutors in Illinois have said wearing a mask to protect others from COVID-19 while carrying a gun isn’t illegal, barring they aren’t using the mask to commit a crime.
“Somebody who is legally carrying and not committing a crime, the mask isn’t going to be an issue,” McLean County Sheriff Jon Sandage told WGLT.
A similar debate ensued in Virginia after Gov. Ralph Northam instituted a face covering requirement for all customers and employees late last month, USA Today reported.
Similar to North Carolina, Virginia law bars citizens from wearing a mask to conceal their identity but makes no mention of guns or other weapons. The Virginia law also lists certain exceptions to the law — including for “bona fide medical reasons” or during a state of emergency, according to USA Today.
Augusta County Sheriff Donald Smith confirmed in a Facebook post that the current state of emergency in Virginia overrides the law.
“In this case, the Commonwealth of VA is under a ‘state of emergency’ and the masks are in response to the Governor’s orders,” he said. “This order doesn’t restrict your ability to conceal a firearm legally.”
As North Carolina inches toward a potentially similar mandate, law enforcement officials have said the same logic would apply to concealed carry permit holders here. But unlike Illinois, North Carolina’s mask-wearing statute outlawing citizens from attempting to hide their identity does not mention weapons.
Still, Guilford County Sheriff D.H. Rogers in Greensboro said in a news release Wednesday that several citizens had asked about “the legality of carrying a concealed handgun while wearing a COVID-19 protective mask.”
“If you have a valid CCH permit, it is legal (i.e., it is not a crime) to carry a concealed handgun while wearing a mask, provided that you are wearing the mask to protect yourself or others from the COVID-19 virus,” he said in response.
Permit holders must, however, remove the mask if instructed to do so by a law enforcement officer, according to the release.
Rogers cited temporary legislation Cooper signed into law on May 4 that’s set to expire in August in issuing his clarification.
According to Senate Bill 704 or Session Law 2020-3, face coverings are allowed “for the purpose of ensuring the physical health or safety of the wearer or others.”
“That legislation temporarily modifies several N.C. Statutes —which have been on the books since 1953 — which make it a crime to wear a mask to conceal or disguise your identity on public and private property,” Rogers said in the release. “These laws... usually apply regardless of whether you are carrying a concealed firearm or not.”
At least three other sheriffs in North Carolina have issued similar statements of clarification.
In Buncombe County, where officials passed a countywide mask mandate, the sheriff’s office told WLOS “nothing has changed for those with conceal carry permits.”
The Forsyth County Sheriff’s Office said it has also received questions from permit holders.
“Session Law 2020-3 was specifically enacted so people could carry concealed (or open carry) while wearing a mask. This is valid until August 1st, although it may be revisited and extended, especially if face masks become mandatory,” spokesperson Christina Howell told the Winston-Salem Journal.
In a Facebook post Wednesday, the Catawba County Sheriff’s Office affirmed state law only bars wearing masks for the purpose of concealing your identity.
“There have been many questions regarding wearing a mask for protection against the current COVID-19 pandemic and legally carrying a concealed handgun with your valid N.C. Concealed Handgun Permit,” the sheriff’s office said. “We would like to assure you there is no statute prohibiting you from wearing a mask for your protection against a virus while legally carrying concealed.”
This story was originally published June 24, 2020 at 1:28 PM with the headline "Carrying a gun while wearing a mask: NC sheriffs clarify what’s legal during pandemic."
