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/2007-NC-Firearms-gun-Laws-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!!