Ok I been open carrying for the last three months or so and I currently still waiting for my CHP from the department. I had been driving around in my car with the weapon loaded on the passager seat in plain view. Now I starting to see that some people saying that can get you in trouble in other forums and some people are saying that it is ok to do so along you tell the officer that it is there. It quite confusing as is. What are the real statement to this?
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Loaded handgun in car
- Thread starter madcitysw
- Start date
J_Oliver
Regular Member
The same as it's legal (by means of not being illegal) to open carry on your person, it is legal to open carry in your car. If you get stopped, inform the officer of its location and pay very close attention to what he tells you. I have a leather paddle holster that fits snug between the e-brake handle and the passenger seat in my car, thats where I keep mine. Once you have a CHP, feel free to conceal it. Prior to that, keep it in plain view from the viewpoint of the officer looking into the driverside window.
NOTE:
NC doesn't make the distinction between a locked and unlocked container where the definition of concealed is concerned. As long as an occupant has access to it, it is considered concealed.
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NOTE:
NC doesn't make the distinction between a locked and unlocked container where the definition of concealed is concerned. As long as an occupant has access to it, it is considered concealed.
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Skinnedknuckles
Regular Member
Now I'm confused. I just went to the NC State Highway Patrol website (http://www.ncdps.gov/Index2.cfm?a=000003,000014,000935,000941) and got this:
It is unlawful to carry a concealed handgun in a vehicle unless the person has a North Carolina concealed carry permit. A person who is not a convicted felon may carry a handgun if not concealed. A handgun is concealed in a vehicle if it cannot be readily seen by a person approaching and if it is readily accessible. A handgun under the front seat or in an unlocked glove box or console is illegal. A handgun openly displayed or in a locked glove box, locked console, or in the trunk is lawful. (Emphasis mine)
Seems to be a difference between "readily assessible" and "has access". Since I'm not a resident and have a permit from my home state I'm legal either way but I'd like to understand what is what.
Thanks
NC-Heel
Regular Member
Might want to do some better fact checking before making a totally false statement. Locked is locked. No access to it. Unlocked is concealed.
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CCinMaine
Regular Member
I agree
I think you should absolutely unload it and store it in your trunk until you know 100% for sure what the law is. You wouldn't want to violate the law, get arrested, and risk losing all your guns.
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ArmySoldier22
Regular Member
You're perfectly fine with having it out on the seat in plain view. Most people I know still OC it on their hip while in the vehicle. I do.
Put it on your hip or on the seat/console. If holstered on your hip tell cop that you are openly carrying on your hip. If on seat/console no need to say anything...Its open and the cop should see it.
Loaded or unloaded... its the same thing in NC...
If it is locked away...I wouldn't tell a cop ANYTHING about a gun. He would have to search to find it and NEVER consent to a search.
Loaded or unloaded... its the same thing in NC...
If it is locked away...I wouldn't tell a cop ANYTHING about a gun. He would have to search to find it and NEVER consent to a search.
J_Oliver
Regular Member
The last time I read that page it said otherwise. And I have personally known two people to be arrested and charged for having a concealed firearm. They were in the locked glovebox that was locked with the same key that was in the ignition. Inaccessible since they'd have to turn the car off and remove the key to open the glovebox, right? They thought so too. I'm not sure when this was updated, but if that's what it says, then I was wrong and will gladly retract my statement.
I appologize.
J_Oliver
Regular Member
Did you have anything constructive to add? By all means if you do then feel free. This is not the place to simply post whetever you feel like in an attempt to boost your post count.
I do believe you should learn to insult less and give constructive criticism more. You are not infallable and it would do you well to learn that.
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.40CLTlocal
Regular Member
I OC in my car a lot. Its in the passenger seat if i am alone. If my wife is in the car, Volvo made the console perfect for OC'ing.
Skinnedknuckles
Regular Member
One more point for clarification if I could: While they mention locked glove box, locked console, and truck what about a locked case in the car or even an installed trigger lock or cable lock through the breech, particularly if it is an SUV but also anywhere in any car. Also, in NC is it any different for a long gun? I spend enough time in NC that I want to stay waaaaay on the right side of the law.
Thanks.
bc.cruiser
Regular Member
I understand where our friend from Maine is coming from: If you are unsure, CYA. Instead of castigating (love the 50 cent words) him, we might be better served directing our brother to a couple of informative sites or face-to-face meetings to get him straight.
New to the forum does not equate to being new to guns and laws. There are folks here that could say the same to both of us.
With what you and SkinnedKnuckles posted, along with the SHP citing, he should be straight. As muccione said, if the gun is properly locked away, don't mention it. And NEVER consent to a search.
Further points: All this applies equally to anyone else in the vehicle. Concealed=hidden, but within reach or immediately accessible. Locked away comes into the classification of being transported rather than carried. Nothing we say here can guarantee that some LEO won't make you have a bad day.
And for 'Knuckles: I don't see anything that differentiates between handgun and long gun, except under Wildlife (Fish and Game) rules.
J_Oliver
Regular Member
I think our friend from maine needs to keep his comments to himself if he has nothing constructive to add. I actually have experience with this particular issue first hand and have seen these things misconstrued to become whatever the officer wishes.
I gave advice based on something prior to the update of that ncdps page (of which said update wasn't exactly mainstream media) and have apologized for the false info. I don't see the need for comments such as the one made by CCinMaine . In fact it was actually insulting. I have much more exprerience with firearms and the law beyond my time here on this forum and think there could have been more constructive things said as opposed to: "maybe you should just put your guns up before you get arrested".
And if someone can find somewhere in the ACTUAL NC Laws that makes a differentiation between a locked and unlocked container, feel free to reference it. I'm not talking about someone's opinion on what's legal, but actual law.
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bc.cruiser
Regular Member
I don't believe you will find it laid out directly, but here is how I see the "line of reasoning":
a) Concealed........hidden from view, and
b) on or about the person......where 'about' is 'within reach, or readily/immediately accessible'.
It is on the defense to prove the method of carry does not meet the terms of concealment. That's where the locked container, secured, or out of reach, arguments come into play.
And to repeat, if the carrier does not have a CHP, the gun is locked away, or is otherwise out of sight and reach of everybody in the vehicle, DON'T MENTION IT. And never, never, never consent to a search.
IANAL and I have had the big steel "O" in my face.
Well before I even have time to checked for updates on this post, I had to go on my vac to see my mom on the west side of NC and took the weapon with me. I ended up leaving it on the passager seat about the whole trip and kept my speeding demon out of my body lol. Now as I finishing reading what everyone here said, seems the best choice is to have it in my truck unloaded, but the question is that when you go to the truck in a middle of a busy parking lot such as Walmart to load up the weapon and put it on your hip, I think people going to get very nervous at that point. Just seems to be stupid that you can open carry, but can't do it in a vehicle even though I seen on the main website on here stating you can. Seems nothing is for sure on these laws.
Well after reading the NCDPS rules, the keyword I saw is AND.
States if the handgun cannot be readily seen by a person and if it readily accessible would be concealed.
So I guessing the way this statement is written, it can be readily seen by a officer and is readily accessible would be lawful correct? So if I am correct, as long you don't have any felons, you can place a loaded handgun on the pass seat.
States if the handgun cannot be readily seen by a person and if it readily accessible would be concealed.
So I guessing the way this statement is written, it can be readily seen by a officer and is readily accessible would be lawful correct? So if I am correct, as long you don't have any felons, you can place a loaded handgun on the pass seat.
.40CLTlocal
Regular Member
I am curious how you keep it on your hip in the car? I tried yesterday and it was really awkward with the seat belt. I could maybe see doing it with bench seat in my old F-150. Plus it would be a really awkward draw if I needed to.
WalkingWolf
Regular Member
I unbuckle the belt and then buckle it around the seat back, I find wearing it uncomfortable in the car, and the seat belt would be in the way if it was ever needed. This also makes it more visible to law enforcement.
dashowdy
Regular Member
Usually I keep mine on my hip in the car whether or not I have my permit on me. I have been pulled over like this before and all I did was before I stopped I took the gun and put it on the dash. Now could the officer try to infer that it was concealed while I was driving sure, if I admit to it. But I always put my hands out the side of my window and declare I have a weapon in the car, it is in such and such a place and that I am open carrying. It does seem a little irresponsible to have a loaded handgun to fly every which way should you have too slam on the brakes or get into an accident there is nothing worse than having a round discharge in a car, especially in traffic and even more so with passengers in your car.
So in short my advice for your safety and others, leave it in the holster and take it out and set it on the dash when you get pulled over. I dont think you would have tell them it is there but a little respect goes along way when it comes too a police officer and a traffic stop when any firearms are present in the car, it may even get you out of a ticket, it worked for me.
BTW I do have to lean up to draw with my seatbelt on but it is a heck of alot faster than drawing form my ccw holster from that positon.
Carry on and be safe.
So in short my advice for your safety and others, leave it in the holster and take it out and set it on the dash when you get pulled over. I dont think you would have tell them it is there but a little respect goes along way when it comes too a police officer and a traffic stop when any firearms are present in the car, it may even get you out of a ticket, it worked for me.
BTW I do have to lean up to draw with my seatbelt on but it is a heck of alot faster than drawing form my ccw holster from that positon.
Carry on and be safe.
Why unload the gun? If you get a charge it would be the same if its unloaded or not... So keep it loaded... Bad guys are NOT polite enough to wait for you to load/rack a slide.
Keep a paddle holster on you like a black hawk serpa. Keep the gun on you. If you get pulled over, remove the gun and put it on the seat/console/dash before the cop gets out of the car. They never just jump out of the cruiser and run to your door. Open Carry has been around longer than CC. If you REALLY worried about breaking laws contact the NC Attorney General, NOT A COP OR SHERIFF. If a LEO can see the gun in plain view than its open carry. If a LEO finds a gun hidden (assuming you foolishly consented to a search) Than its concealed.