Wrongfully cited with unlawful conceal of weapon.

KainVictus said:

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.

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withlegions said:

This is the 100% accurate story. Should have been, and legally required are two entirely different things.

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WalkingWolf said:

Sounds to me like the weapon WAS locked up in the vehicle.

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Wulf.45 said:

"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.

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withlegions said:

I generally always do...however I wasn't too worried about getting my car broken into at the sheriff's department.

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WalkingWolf said:

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.

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withlegions said:

I will edit, thank you, it is a misdemeanor charge however.

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§ 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.)

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J-SiN said:

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

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