Results 1 to 22 of 22

Thread: Wrongfully cited with unlawful conceal of weapon.

  1. #1
    Regular Member
    Join Date
    Jan 2013
    Location
    United States
    Posts
    9

    Wrongfully cited with unlawful conceal of weapon.

    X
    Last edited by withlegions; 03-19-2013 at 05:16 PM.

  2. #2
    Regular Member
    Join Date
    Nov 2011
    Location
    Patuxent River MD
    Posts
    97

    Wrongfully cited with unlawful conceal of weapon.

    Where was this when was it and seek legal council only if you are being 100% about the full truth of the story. In all honesty the gun should have been locked up somewhere in the vehicle if it was not on your person.

  3. #3
    Regular Member
    Join Date
    Jan 2013
    Location
    United States
    Posts
    9
    This is the 100% accurate story. Should have been, and legally required are two entirely different things.
    Last edited by withlegions; 03-19-2013 at 04:53 PM.

  4. #4
    Regular Member Wulf.45's Avatar
    Join Date
    Jan 2013
    Location
    Greensboro, NC
    Posts
    29
    Get a lawyer. What county was this, if I may ask?

  5. #5
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,279
    Stop posting, edit your posts to remove any specific information, get a attorney, ASAP. In NC I believe for the weapon to be considered concealed it must be within your immediate reach.

    PS. never give permission to search your car.
    Last edited by WalkingWolf; 03-19-2013 at 05:00 PM.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  6. #6
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,279
    Quote Originally Posted by KainVictus View Post
    Where was this when was it and seek legal council only if you are being 100% about the full truth of the story. In all honesty the gun should have been locked up somewhere in the vehicle if it was not on your person.
    Sounds to me like the weapon WAS locked up in the vehicle.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  7. #7
    Regular Member Wulf.45's Avatar
    Join Date
    Jan 2013
    Location
    Greensboro, NC
    Posts
    29
    "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 ofa 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."

    Vehicle was locked and you were not occupying the vehicle=Not concealed. Lawyer up and fight it.

  8. #8
    Regular Member
    Join Date
    Nov 2011
    Location
    Patuxent River MD
    Posts
    97

    Wrongfully cited with unlawful conceal of weapon.

    Quote Originally Posted by withlegions View Post
    This is the 100% accurate story. Should have been, and legally required are two entirely different things.
    True it is two different things but it being between the seats isn't going to stop someone who's breaking into. Car with tinted windows from stealing that gun. They obviously wouldn't know it was there in the first place. I don't leave my gun "hidden" in my vehicle without locking it up because if someone does break in I want to make getting it as hard as possible. I was making a suggestion not telling you what legally you should have done.

  9. #9
    Regular Member
    Join Date
    Nov 2011
    Location
    Patuxent River MD
    Posts
    97

    Wrongfully cited with unlawful conceal of weapon.

    Quote Originally Posted by WalkingWolf View Post
    Sounds to me like the weapon WAS locked up in the vehicle.
    Yes but I mean in a less. . .un-secure location nearly suggestion not a statement about anything he was doing wrong or illegal.

  10. #10
    Regular Member
    Join Date
    Jan 2013
    Location
    United States
    Posts
    9
    I generally always do...however I wasn't too worried about getting my car broken into at the sheriff's department.

  11. #11
    Regular Member
    Join Date
    Nov 2011
    Location
    Patuxent River MD
    Posts
    97

    Wrongfully cited with unlawful conceal of weapon.

    And let me be clear on this legions you are being screwed and have done absolutely nothing wrong. I agree that you should lawyer up and fight the hell out of this because it is completely ridiculous.

  12. #12
    Regular Member
    Join Date
    Jan 2013
    Location
    United States
    Posts
    9
    Quote Originally Posted by Wulf.45 View Post
    "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 ofa 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."

    Vehicle was locked and you were not occupying the vehicle=Not concealed. Lawyer up and fight it.
    Thanks!

  13. #13
    Regular Member
    Join Date
    Nov 2011
    Location
    Patuxent River MD
    Posts
    97

    Wrongfully cited with unlawful conceal of weapon.

    True but sadly the very sheriff you thought kept you safe became a filthy filthy crook.

  14. #14
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,279
    Quote Originally Posted by withlegions View Post
    I generally always do...however I wasn't too worried about getting my car broken into at the sheriff's department.
    I suggest again you edit your posts to remove pertinent information until after consulting with a lawyer. I must admit I am puzzled that he wrote a citation for a felony. But it is still a felony.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  15. #15
    Regular Member
    Join Date
    Jan 2013
    Location
    United States
    Posts
    9
    Quote Originally Posted by WalkingWolf View Post
    I suggest again you edit your posts to remove pertinent information until after consulting with a lawyer. I must admit I am puzzled that he wrote a citation for a felony. But it is still a felony.
    I will edit, thank you, it is a misdemeanor charge however.

  16. #16
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,279
    Quote Originally Posted by withlegions View Post
    I will edit, thank you, it is a misdemeanor charge however.
    My mistake, second offense is a felony, first is a misdemeanor, but you can kiss your CHP goodbye if found guilty.

    Ooops again trying to find sentencing for an offense, so far no luck. I'll keep digging.
    Last edited by WalkingWolf; 03-19-2013 at 05:29 PM.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  17. #17
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790
    I am glad to see you took WW's advice...

    You might also want to familiarize yourself with:
    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).
    (3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a).
    (b) This prohibition shall not apply to the following persons:
    (1) Officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;
    (2) Civil and law enforcement officers of the United States;
    (3) Officers and soldiers of the militia and the National Guard when called into actual service;
    (4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;
    (4a) Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24; provided that the person shall not carry a concealed weapon at any time while in a courtroom or while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The district attorney, assistant district attorney, or investigator shall secure the weapon in a locked compartment when the weapon is not on the person of the district attorney, assistant district attorney, or investigator;
    (4b) Any person who meets all of the following conditions:
    a. Is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.
    b. Is the holder of a concealed handgun permit in accordance with Article 54B of this Chapter.
    c. Is certified by the North Carolina Criminal Justice Education and Training Standards Commission pursuant to G.S. 14‑415.26;
    (4c) Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that: (i) the firearm is in a closed compartment or container within the locked vehicle, or (ii) the firearm is in a locked container securely affixed to the vehicle;
    (5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body;
    (6) State probation or parole certified officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.
    (b1) It is a defense to a prosecution under this section that:
    (1) The weapon was not a firearm;
    (2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;
    (3) The defendant possessed the weapon for that legitimate use; and
    (4) The defendant did not use or attempt to use the weapon for an illegal purpose.
    The burden of proving this defense is on the defendant.
    (b2) It is a defense to a prosecution under this section that:
    (1) The deadly weapon is a handgun;
    (2) The defendant is a military permittee as defined under G.S. 14‑415.10(2a); and
    (3) The defendant provides to the court proof of deployment as defined under G.S. 14‑415.10(3a).
    (c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.
    (d) This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, "ordinary pocket knife" means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action. (Code, s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1‑3; 1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997‑238, s. 1; 2003‑199, s. 2; 2005‑232, ss. 4, 5; 2005‑337, s. 1; 2006‑259, s. 5(a); 2009‑281, s. 1; 2011‑183, s. 127(a); 2011‑243, s. 1; 2011‑268, s. 3.)
    Last edited by carolina guy; 03-19-2013 at 10:33 PM.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  18. #18
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622
    Forget hind sight, contact an attorney, post nothing related to this here w/o his approval, let us know when you can how things stand.

    Don't know your resources, but there are those that will step forward if need be.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  19. #19
    Regular Member J-SiN's Avatar
    Join Date
    Nov 2012
    Location
    Monroe, NC
    Posts
    119
    Just curious for the rest of us
    since the post was edited
    What do I need to avoid doing
    I carry daily with NO permit and do not want the smae situation to occur to myself

  20. #20
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622
    Quote Originally Posted by J-SiN View Post
    Just curious for the rest of us
    since the post was edited
    What do I need to avoid doing
    I carry daily with NO permit and do not want the smae situation to occur to myself
    Know the laws and your rights.

    Don't consent to illegal searches.

    Act reasonable and smile a lot.

    The odds of this happening are very small in any event, but especially if you adhere to the above. There are no guarantees in life though.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  21. #21
    Regular Member
    Join Date
    Mar 2013
    Location
    Forest City
    Posts
    10

    carring in my truck

    Quote Originally Posted by J-SiN View Post
    Just curious for the rest of us
    since the post was edited
    What do I need to avoid doing
    I carry daily with NO permit and do not want the smae situation to occur to myself

    when carring open or concealed when i get in to my truck sence i dont like how the seat belt covers my sig i always place it on a sticky matt i bough off amazon on the dash in front of the passengers seat. it sticks to it like glue. and everyone can see it. If i have to leave it in the truck for what ever reason i lock it in the dash. The instant i return i place it back on the matt. sence im not in the truck i suppose im not carrying it concealed. but then again i do have a chp. i carried open for a while until i got my chp never had any problem. But sence in NC we can carry open thats usally the way i carry i guess you could say i've seen the light. I believe sence we have this right its the correct thing to do If we dont excercise this right were subject to lose it. But thats just me. God bless Carry ON

  22. #22
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790
    Quote Originally Posted by k Merck View Post
    when carring open or concealed when i get in to my truck sence i dont like how the seat belt covers my sig i always place it on a sticky matt i bough off amazon on the dash in front of the passengers seat. it sticks to it like glue. and everyone can see it. If i have to leave it in the truck for what ever reason i lock it in the dash. The instant i return i place it back on the matt. sence im not in the truck i suppose im not carrying it concealed. but then again i do have a chp. i carried open for a while until i got my chp never had any problem. But sence in NC we can carry open thats usally the way i carry i guess you could say i've seen the light. I believe sence we have this right its the correct thing to do If we dont excercise this right were subject to lose it. But thats just me. God bless Carry ON
    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.
    If you leave it in the truck and you are not there, it cannot be concealed.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •