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Thread: OC in vehicle as passenger and drinking

  1. #1
    Regular Member J-SiN's Avatar
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    OC in vehicle as passenger and drinking

    OK so not that IM some irresponisble drunk riding around with a pistol.
    But there are often questions asked in which I can not locate the answer.

    What is the law concerning lets say you are riding with a perfectly sober driver
    in the passenger seat of their car. You had drank lets say 4-5 beers.
    Could you face charges? Gun confiscation?

    What if you were pulled and indeed driving and blew over the limit?
    Extra charge? Gun taken away?

    The other day I OCed into my local wal mart my friend accompanied me and it dawned on me
    that he is a convicted felon. Could this bring legal trouble?


    Any insight would be appreciated.

  2. #2
    Campaign Veteran MSG Laigaie's Avatar
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    http://crime.about.com/od/gunlawsbys...gunlaws_nc.htm google is your friend

    1. A permit or license may not be issued to a person:
    Who is under indictment or who has been convicted of a felony except that if a person has been later pardoned or is not prohibited from purchasing a firearm under the Felony Act, he may obtain a permit or license.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Quote Originally Posted by J-SiN View Post
    OK so not that IM some irresponisble drunk riding around with a pistol.
    But there are often questions asked in which I can not locate the answer.

    What is the law concerning lets say you are riding with a perfectly sober driver
    in the passenger seat of their car. You had drank lets say 4-5 beers.
    Could you face charges? Gun confiscation?

    First, you'd have to have an idiot friend. Could you face charges and confiscation? Sure, but with a decent lawyer it would go away. There is no statute limiting bloodstream alcohol for OC. You are in a PRIVATE auto.

    What if you were pulled and indeed driving and blew over the limit? DWI. Maybe reckless driving.
    Extra charge? Gun taken away?Again, probably. However the gun is extraordinary to the DWI and should not count.

    The other day I OCed into my local wal mart my friend accompanied me and it dawned on me
    that he is a convicted felon. Could this bring legal trouble?Only for him.

    Any insight would be appreciated.
    I'm not and never have been a lawyer, LEO, or involved in any of the above examples. I'm sure someone who is/has been will chime in.

  4. #4
    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by J-SiN View Post
    OK so not that IM some irresponisble drunk riding around with a pistol.
    But there are often questions asked in which I can not locate the answer.
    What is the law concerning lets say you are riding with a perfectly sober driver in the passenger seat of their car. You had drank lets say 4-5 beers.
    Could you face charges? Gun confiscation?
    What if you were pulled and indeed driving and blew over the limit?
    Extra charge? Gun taken away?
    The other day I OCed into my local wal mart my friend accompanied me and it dawned on me that he is a convicted felon. Could this bring legal trouble?
    Any insight would be appreciated.
    ok, J-Sin i am confused...
    1) first who is carrying the firearm has that person been drinking the 4-5 beer??
    2) who has blown over the limit... the gun carrier?
    3) what kind of felony is involved...however...14-415.1. Possession of firearms, etc., by felon prohibited.
    (a) It shall be unlawful for any person who has been convicted of a felony to purchase,
    own, possess, or have in his custody, care, or control any firearm or any weapon of mass death
    and destruction as defined in G.S. 14-288.8(c).
    (http://www.ncga.state.nc.us/EnactedL...rticle_54A.pdf)

    wabbit

    ps: INAL
    Last edited by ncwabbit; 12-29-2012 at 09:02 PM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  5. #5
    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by MSG Laigaie View Post
    http://crime.about.com/od/gunlawsbys...gunlaws_nc.htm google is your friend

    1. A permit or license may not be issued to a person:
    Who is under indictment or who has been convicted of a felony except that if a person has been later pardoned or is not prohibited from purchasing a firearm under the Felony Act, he may obtain a permit or license.
    well MSG Laigaie it sure wasn't yours this time was it? do you have a cite for this statement?
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

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    There are no statutes concerning legal possession of a firearm if it is not concealed and consumption of alcohol. This would cover your passenger and driver question. As a passenger confiscation and/or charges would depend on your demeanor and the officer. There are no legal grounds, that I know of, for either but that has never stopped them from charging someone.

    As far as driving, confiscation should be expected since you will be placed in custody for driving while intoxicated. No additional charges that I can think of but like before they can make some up. If you are rational with the officer and he/she is likewise the same with you they could allow a spouse or someone else to take possession of the firearm after verifying they can legally possess it.

    Once police departments take possession of a firearm they don't like giving it back. Keep this in mind. It usually takes a determined effort on your part and sometimes a judge's order to get a firearm returned to it's legal owner.

    Lastly having a friend that is a felon is fine as long as you do not allow them to take possession of your firearm.
    "I'm kinda high (or maybe low) profile around here, to hate on me is just sour grapes." - NCHeel

    "Nuts" followed by "You can go straight to Hell." Jake from Jericho

  7. #7
    Regular Member J-SiN's Avatar
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    awesome information

    I just always wondered if I had drank 3-4 beers and we were gonna ride to my parents and play cards if I should leve my pistol
    at home for fear of being caught with an open carried pistol in a vehicle after consuming any amount of alcohol.

  8. #8
    Regular Member ncwabbit's Avatar
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    [QUOTE=NC-Heel;1872518]There are no statutes concerning legal possession of a firearm if it is not concealed and consumption of alcohol. This would cover your passenger and driver question. As a passenger confiscation and/or charges would depend on your demeanor and the officer. There are no legal grounds, that I know of, for either but that has never stopped them from charging someone.

    As far as driving, confiscation should be expected since you will be placed in custody for driving while intoxicated. No additional charges that I can think of but like before they can make some up. If you are rational with the officer and he/she is likewise the same with you they could allow a spouse or someone else to take possession of the firearm after verifying they can legally possess it.

    Once police departments take possession of a firearm they don't like giving it back. Keep this in mind. It usually takes a determined effort on your part and sometimes a judge's order to get a firearm returned to it's legal owner.

    Lastly having a friend that is a felon is fine as long as you do not allow them to take possession of your firearm.[/QUOTE]

    NC-heel can you provide cites to your post??

    here once again, let me help guide someone w/the proper information...

    http://www.ncsheriffs.org/documents/...ws-rev2011.pdf quote
    NC Attorney General's published opinion carrying while in a vehicle:
    D. Transporting Weapons
    Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant to ensure their particular situation cannot be construed as concealing a weapon, either on or about them, without being properly authorized to do so with a valid North Carolina, or recognized out-of-state concealed handgun permit. Therefore, the permittee's accessibility to the weapon is of prime importance. It is unlawful to transport a weapon (absent a proper permit) that is BOTH concealed and readily accessible to a person. It is for these reasons, that when transporting a weapon in a vehicle, even greater care must be exercised to ensure that the weapon is not concealed and within the ready access to an occupant of the vehicle. North Carolina law does not specifically address how to transport a weapon in an automobile. Therefore, the central question becomes: when is the weapon concealed and readily accessible to an occupant of an automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in violation of North Carolina law, if it were placed in such areas of a vehicle as under the seat of the automobile; in a bag in the back seat; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. It is our recommendation that firearms should not be carried in a glove compartment regardless of whether the compartment is locked or not.

    If the weapon is concealed near, in close proximity to, or within the convenient control and access of an occupant, which would allow himlher to use the weapon quickly, then a fair probability exists that the occupant is in violation of the law. Therefore, care must be exercised by any occupant of any vehicle to ensure that weapons are securely locked away in as remote an area as possible, in relation to the passenger compartment of the vehicle. It is important to emphasize that these prohibitions apply to passengers, as well as drivers of any vehicle.

    unquote

    so J-Sin, might wish to reconsider the awesome advice given by NC-Heel and rethink your drinking, driving/riding, and OC'g cuz it appears the Police do not have to make up anything, especially according to the AG's opinion.

    wabbit

    ps: remember i am not an attorney

    pps: you can be in trouble even if you do not blow a .8 but have any reading!!
    Last edited by ncwabbit; 12-30-2012 at 12:25 PM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  9. #9
    Regular Member Motofixxer's Avatar
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    Most defense attorneys would recommend you refuse any tests or questions which may incriminate you. The exception being while driving since it's usually required by statute.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  10. #10
    Regular Member J-SiN's Avatar
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    I was talking about Open carrying in a vehicle not concealed

  11. #11
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    Quote Originally Posted by J-SiN View Post
    I was talking about Open carrying in a vehicle not concealed
    J-SIN don't worry about his post about concealed carry. This is a site dealing with open carry. His post seems to be harassment towards me asking for a cite from me after I point out there are no statutes concerning your questions. How can someone cite a statute that does not exist? How can I cite my personal opinion and interpretation of N.C. statutes? He wants me to cite where a statute says they will take possession of your firearm if you are arrested for DUI? What are their options, let you continue to carry while in handcuffs? Place the firearm in an unoccupied car? If you need a cite for common sense I can not help you.
    "I'm kinda high (or maybe low) profile around here, to hate on me is just sour grapes." - NCHeel

    "Nuts" followed by "You can go straight to Hell." Jake from Jericho

  12. #12
    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by J-SiN View Post
    I was talking about Open carrying in a vehicle not concealed
    as noted by the AG's letter referenced in my post: quote North Carolina law does not specifically address how to transport a weapon in an automobile. ...individuals must be ever vigilant to ensure their particular situation cannot be construed as concealing a weapon, either on or about them, without being properly authorized to do so with a valid North Carolina, or recognized out-of-state concealed handgun permit. Therefore, the central question becomes: when is the weapon concealed and readily accessible to an occupant of an automobile? unquote

    point i was making J-SIN and as i quoted the AG's statement which states, 'NC statutes do not address how to transport weapons', therefore, if your vehicle is stopped, some LE could construe your OC'd firearm as concealed w/minimal leap of faith.

    wabbit
    Last edited by ncwabbit; 12-30-2012 at 07:53 PM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  13. #13
    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by NC-Heel View Post
    J-SIN don't worry about his post about concealed carry. This is a site dealing with open carry. His post seems to be harassment towards me asking for a cite from me after I point out there are no statutes concerning your questions. How can someone cite a statute that does not exist? How can I cite my personal opinion and interpretation of N.C. statutes? He wants me to cite where a statute says they will take possession of your firearm if you are arrested for DUI? What are their options, let you continue to carry while in handcuffs? Place the firearm in an unoccupied car? If you need a cite for common sense I can not help you.
    harassment from me to provide a cite? this from an individual who has been censured previously for espousing gospel as truth without providing appropriate cites as mandated by forum rule #5.

    my citation question to you centered around your comments about the firearm being confiscated and then your generalization police do not like to give them back, etc.

    wabbit
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

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