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What do you do when.....

Chief1297

Regular Member
Joined
Aug 17, 2010
Messages
62
Location
Fayetteville
you hear people incorrectly spouting off their interpretation of the law.

Case in point, I was at Gander mountain in Fayetteville on Saturday and was listening to the fella behind the counter tell perspective buyers how if you carry inside a car in NC without a CHP you must place it on the dash unloaded. There were other inaccuracies but you all get the idea. After he left to get another weapon for them to see, I recommended that they come to this web site and to do some research on the subject because everything he told them was inaccurate and in some cases just plain out wrong. Most of the time I mind my own business but he was so wrong in a couple of places, I dont even know where he recieved the information he did. So what would you have done?
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,820
Location
Southeast, Missouri, USA
My input or lack thereof is situational depending on where we are, who is talking and who is listening. It's not always the time and place for input, however, just because I have the right to remain silent doesn't mean I always can if someone near me is spewing misinformation like a fountain of idiocy.
 

old curmudgeon

Regular Member
Joined
May 7, 2011
Messages
22
Location
NC
Since when does NC state law distinguish between loaded and unloaded firearms?

The sheriff of Guilford County has his own "laws" regarding hand guns in cars.

He even has one CCW instructor I know preaching his crap.

There may be other LEO's who think they can set their own rules.

Something to consider.
 

rotorhead

Regular Member
Joined
Sep 18, 2010
Messages
862
Location
FL
Simply tell them they are full of **** and then attempt to explain to them the truth. If they show signs of arguing and you know you're right, walk away. There's probably no amount of brilliance which will compensate for their ignorance anyway. Sometimes, the Jedi Mind Trick cannot penetrate the boxes of confusion some people place their brains in.
 
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muccione

Regular Member
Joined
Oct 17, 2009
Messages
237
Location
Conover
The sheriff of Guilford County has his own "laws" regarding hand guns in cars.

He even has one CCW instructor I know preaching his crap.

There may be other LEO's who think they can set their own rules.

Something to consider.

That is how lawsuits are won. It will cost the county thousands of dollars for such ignorance.
 

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
Generally, I can't keep my mouth shut. I've corrected more than one employee or customer. Had a guy tell me our sheriff would not sign off on a silencer. The look on his face was priceless when I told him I did not need him too, then told him about trusts. I don't think he believed me, but it was amusing.
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
That omnibus gun bill that came into effect Dec 1st from what I recall requires sheriffs to sign off on those now.

CLEOs have ALWAYS been required to sign off on NFA-regulated transfers in NC. Trusts have traditionally been exempt, because they are NOT specifically required under law to get the CLEO's sign-off.

H-650 did nothing to change, that, it only clarified the law for individuals, and states that if a person is in compliance with Federal law regarding the transfer of a Class 3 item, they are, de facto, in line with NC law as well.

And it actually brings Trusts and LLCs into 100% legal status for performing NFA/Class 3 transfers WITHOUT having to get CLEO signoff.

At least that's how I read it. But IANAL

However, the folks at "NC NFA Defense Association" and "GunTrustLawyer.com" seem to agree with this interpretation.

http://www.angelfire.com/nc3/ncnfada/

http://www.guntrustlawyer.com/states/north-carolina/
 
Last edited:

TDFbound

Regular Member
Joined
May 29, 2011
Messages
39
Location
Asheville, NC
you hear people incorrectly spouting off their interpretation of the law.

Case in point, I was at Gander mountain in Fayetteville on Saturday and was listening to the fella behind the counter tell perspective buyers how if you carry inside a car in NC without a CHP you must place it on the dash unloaded. There were other inaccuracies but you all get the idea. After he left to get another weapon for them to see, I recommended that they come to this web site and to do some research on the subject because everything he told them was inaccurate and in some cases just plain out wrong. Most of the time I mind my own business but he was so wrong in a couple of places, I dont even know where he recieved the information he did. So what would you have done?

I got busted for the handgun not in plain sight crap. I was a SC resident with a valid SC concealed weapons permit and driving up around Asheville in Buncombe County with two handguns in my glove box. Got pulled for speeding, told officer the guns were in the glove box. I never argued or put up a fight or anything, and he ended up arresting me and taking me to the station to put the guns in evidence and fill out paperwork. He said that even though NC honors permits from SC, the fact that they were in the glove box made it illegal. There are no laws that I am aware of in NC regarding transport of a concealed handgun in a vehicle. What he was disputing was whether or not it was "on or about my person" and for some reason they completely ignored the fact that I had a valid concealed carry permit. Got convicted of two misdemeanor counts of carrying concealed off my own property, and both handguns were "destroyed" (no paperwork or record at all of what has happened to them or where they are). I was told that having them on the dash or in the seat beside me or anywhere in plain view would have been fine, and it would also have been OK if the glove box had been locked. So, I would not recommend handguns in your vehicle unless in a locked container or on your person. I got ****ed and still have a hard time finding a job because of it.
 
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chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
I got busted for the handgun not in plain sight crap. I was a SC resident with a valid SC concealed weapons permit and driving up around Asheville in Buncombe County with two handguns in my glove box. Got pulled for speeding, told officer the guns were in the glove box. I never argued or put up a fight or anything, and he ended up arresting me and taking me to the station to put the guns in evidence and fill out paperwork. He said that even though NC honors permits from SC, the fact that they were in the glove box made it illegal. There are no laws that I am aware of in NC regarding transport of a concealed handgun in a vehicle. What he was disputing was whether or not it was "on or about my person" and for some reason they completely ignored the fact that I had a valid concealed carry permit. Got convicted of two misdemeanor counts of carrying concealed off my own property, and both handguns were "destroyed" (no paperwork or record at all of what has happened to them or where they are). I was told that having them on the dash or in the seat beside me or anywhere in plain view would have been fine, and it would also have been OK if the glove box had been locked. So, I would not recommend handguns in your vehicle unless in a locked container or on your person. I got ****ed and still have a hard time finding a job because of it.


Get a lawyer, get it expunged, then sue them. For a lot. Nowhere are we told how we can carry concealed, just that a permit is needed. That's ridiculous. Did you have a lawyer for this?


14‑269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.
(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances:
(1) The person is on the person's own premises.
(2) The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14‑415.11(c).

14‑415.24. Reciprocity; out‑of‑state handgun permits.
(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina.
(b) Repealed by Session Laws 2011‑268, s. 22(a), effective December 1, 2011.
(c) Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state. (2003‑199, s. 1; 2011‑268, s. 22(a).)


14‑415.10. Definitions.
The following definitions apply to this Article:
(1) Carry a concealed handgun. – The term includes possession of a concealed handgun.


14‑415.11. Permit to carry concealed handgun; scope of permit.
(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.
 

Chief1297

Regular Member
Joined
Aug 17, 2010
Messages
62
Location
Fayetteville
I got busted for the handgun not in plain sight crap. I was a SC resident with a valid SC concealed weapons permit and driving up around Asheville in Buncombe County with two handguns in my glove box. Got pulled for speeding, told officer the guns were in the glove box. I never argued or put up a fight or anything, and he ended up arresting me and taking me to the station to put the guns in evidence and fill out paperwork. He said that even though NC honors permits from SC, the fact that they were in the glove box made it illegal. There are no laws that I am aware of in NC regarding transport of a concealed handgun in a vehicle. What he was disputing was whether or not it was "on or about my person" and for some reason they completely ignored the fact that I had a valid concealed carry permit. Got convicted of two misdemeanor counts of carrying concealed off my own property, and both handguns were "destroyed" (no paperwork or record at all of what has happened to them or where they are). I was told that having them on the dash or in the seat beside me or anywhere in plain view would have been fine, and it would also have been OK if the glove box had been locked. So, I would not recommend handguns in your vehicle unless in a locked container or on your person. I got ****ed and still have a hard time finding a job because of it.

Sorry but something doesnt pass the smell test here. Did you have your concealed permit on you at the time???
 
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