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Thread: North Carolina Open Carry Road Trip (New Member)

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    North Carolina Open Carry Road Trip (New Member)

    I'm 18 years old with 5 pistol permits, a Desert Eagle .50 but currently with the .40 magnum barrel. My girlfriend and I carry our Baby Desert Eagle 40S&W's. And we were wondering, we saw that a lot of states respect N.C's permit. Does that mean they recognize us as being able to Open Carry in their state - abiding by their laws? Even if their law state 21 to OC/Possession of a firearm?

    My girlfriend and I plan on going on a road trip from N.C through Colorado, Las Vegas, California, Washington, and to Vancouver (leaving our weapons in a safe place in Washington)

    Are we going to have any trouble, can we OC in the states that permit OC in a vehicle? Or because of what was mentioned above, when I go through the 21 age states, do I have to lock the guns in the trunk unloaded; even then could I face legal trouble, or is my permit respected and recognized?

    Thank you in advance.

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    Quote Originally Posted by Desert Eagle OC View Post
    I'm 18 years old with 5 pistol permits ...
    What precisely are the "5 pistol permits"?
    I am responsible for my writing, not your understanding of it.

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    From five different States? Or maybe from a State that requires each and every handgun be licensed?

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    Regular Member carolina guy's Avatar
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    Are you talking about NC Sheriff issued "Pistol Purchase Permits"? I don't think any other state would even know what to do with those... (well, maybe SC, TN and VA might)...and they would likely tell you that you can use them to pickup your purchases in NC from an FFL when you turn 21, or buy from a local NC private party.

    The PPP *only* allows for a purchase. OC is a recognized RIGHT in NC, no permit required OR issued.
    Last edited by carolina guy; 10-21-2013 at 12:21 PM.
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    Regular Member carolina guy's Avatar
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    Also, the forum has a good listing of the laws by state...so you might start with listing what states you plan to visit for someone to be able to give you helpful (and accurate) information. You might want to start here: http://www.opencarry.org/?page_id=101

    BTW: Welcome to the forum!
    Last edited by carolina guy; 10-21-2013 at 12:19 PM.
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    Quote Originally Posted by Desert Eagle OC View Post
    I'm 18 years old with 5 pistol permits, a Desert Eagle .50 but currently with the .40 magnum barrel. My girlfriend and I carry our Baby Desert Eagle 40S&W's. And we were wondering, we saw that a lot of states respect N.C's permit. Does that mean they recognize us as being able to Open Carry in their state - abiding by their laws? Even if their law state 21 to OC/Possession of a firearm?

    My girlfriend and I plan on going on a road trip from N.C through Colorado, Las Vegas, California, Washington, and to Vancouver (leaving our weapons in a safe place in Washington)

    Are we going to have any trouble, can we OC in the states that permit OC in a vehicle? Or because of what was mentioned above, when I go through the 21 age states, do I have to lock the guns in the trunk unloaded; even then could I face legal trouble, or is my permit respected and recognized?

    Thank you in advance.
    You are each responsible for following the laws of the state in which you are then currently standing.

    See also: 18 USC 926A - Interstate transportation of firearms
    http://www.law.cornell.edu/uscode/text/18/926A
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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by Grapeshot View Post
    You are each responsible for following the laws of the state in which you are then currently standing.

    See also: 18 USC 926A - Interstate transportation of firearms
    http://www.law.cornell.edu/uscode/text/18/926A
    Just as a "out of curiosity" type question...not arguing...

    But wouldn't 18 USC 926A only be applicable when actually crossing state lines? Once in a state, wouldn't the laws of the state cover the transportation and carry of firearms?
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by carolina guy View Post
    Just as a "out of curiosity" type question...not arguing...

    But wouldn't 18 USC 926A only be applicable when actually crossing state lines? Once in a state, wouldn't the laws of the state cover the transportation and carry of firearms?
    Stoppping for food, gas, and sleep are allowed. Important the you be traveling from one location where legal to another where legal. Not being snippy, but suggest you read the law.

    Seems obvious that the right to travel per this law does not end simply by crossing the state line - that would make it only legal to approach the line otherwise.
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    I think he is trying to ask if it only applies to interstate travel and not to purely intrastate travel. While I know of nothing saying that the law cannot be applied to purely intrastate travel, several things make it seem that it won't:

    1. I think that the courts would find that the feds were overruling State law in a way, that if accepted, would put the federal government in charge of any matter it wanted to be, clearly going against the whole intent of the Constitution.

    2. The title of the section clearly states that it is referring to interstate travel.

    3. The law's clear intent is to protect travelers from a patchwork of State laws in situations where the traveler intends to spend no time in the States through which he is traveling. That concept would not apply when going to the grocery store.

    4. A person in NJ received no protection from the law while traveling from his mother's NJ home (where presumably he was permitted to possess) to his NJ home (where we know he could possess). As most of us know, he spent some time in prison before the Governor commuted his sentence, leaving the conviction standing.

    This seems to be a still open question, however I don't recommend using the federal law to protect you in intrastate travel.


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    Quote Originally Posted by Grapeshot View Post
    Stoppping for food, gas, and sleep are allowed. Important the you be traveling from one location where legal to another where legal. Not being snippy, but suggest you read the law.

    Seems obvious that the right to travel per this law does not end simply by crossing the state line - that would make it only legal to approach the line otherwise.
    Stoppping for food, gas, and sleep are allowed.
    Not being snippy, but where does the law say that? Or do you have cites to case law?

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Stoppping for food, gas, and sleep are allowed. Important the you be traveling from one location where legal to another where legal. Not being snippy, but suggest you read the law.

    Seems obvious that the right to travel per this law does not end simply by crossing the state line - that would make it only legal to approach the line otherwise.

    I did read the law, hence the question.

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    It would seem that the law is irrelevant in all cases where the adjacent states allow OC (or whatever method of carry chosen). It would only seem to be relevant if you are travelling THROUGH a state where carry would otherwise be illegal.

    For example...

    Trip A: Starts in NC, goes through VA and ends in KY. Since all three states allow OC, this law would seem to be entirely irrelevant to the transport of a pistol.

    Trip B: Starting from NC, going through SC to ending in GA. This law would seem to provide protection from trouble in SC (which does NOT allow OC) provided the pistol was unloaded and stored away from the passenger compartment or locked.

    Correct?

    This law would seem to ONLY provide protection of a person's 2A rights, and is not a REQUIREMENT.
    Last edited by carolina guy; 10-21-2013 at 02:27 PM.
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    Quote Originally Posted by Grapeshot View Post
    Stoppping for food, gas, and sleep are allowed. Important the you be traveling from one location where legal to another where legal. Not being snippy, but suggest you read the law.

    Seems obvious that the right to travel per this law does not end simply by crossing the state line - that would make it only legal to approach the line otherwise.
    BTW: I just realized that my original question was vague. My bad...trying to do 3 things at once. I did not originally realize that the federal law was NOT a requirement for the citizen, rather a help for them against states that don't like your pistol while on a trip.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    Your understanding is the same as mine, however IANAL and YANAL.

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    Quote Originally Posted by eye95 View Post
    Your understanding is the same as mine, however IANAL and YANAL.
    True...all information subject to independent verification or analysis by an attorney (who will only give you an opinion anyway). :-)
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    Quote Originally Posted by carolina guy View Post
    True...all information subject to independent verification or analysis by an attorney (who will only give you an opinion anyway.
    An opinion by a professional that is bound by his canons.
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by Nightmare View Post
    An opinion by a professional that is bound by his canons.
    Meaning, what exactly? Is there a canon that ensures CORRECT advice/opinions?
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    Quote Originally Posted by carolina guy View Post
    Meaning, what exactly? Is there a canon that ensures CORRECT advice/opinions?
    No, it means that, since he is licensed by the State bar, he is allowed to keep and bear canons!


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    Quote Originally Posted by eye95 View Post
    No, it means that, since he is licensed by the State bar, he is allowed to keep and bear canons!


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    Quote Originally Posted by carolina guy View Post
    Meaning, what exactly? Is there a canon that ensures CORRECT advice/opinions?
    Not exactly, but the more you pay, the more the advice is worth.
    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.

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    Thank you all. But here's the catch, I guess I forgot to mention it thinking it was implied.

    I'm planning on staying a few nights in the states listed, there are more states other than those we're driving through, but we'll have to stop and rest. So is the Interstate law any good under these circumstances.


    I will go look up all the states laws.

    In N.C you may possess and Open Carry a handgun at the age of 18. You must buy privately and not through an FFL obviously. But, being 18 with my PPP. Am I allowed to cross into states with my handgun who's law is 21 for OC and possession. That's the main question here. And does this mean I must leave the firearm in my vehicle trunk unloaded at ALL times during the trip or will I have the freedom of having it on my hips as I wonder about the many attractions each state has to offer? I plan on staying 3-4 days in Colorado, 3-4 days in Las Vegas, 1-2 days in California, and maybe a week in Washington.(I plan on being a Fish & Game Warden there.)

    Thank you all for the answers given, I'm starting to love this forum, sorry for my late reply, many personal problems at the time.
    Last edited by Desert Eagle OC; 10-27-2013 at 09:55 PM.

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    OP the PPP (as well as our CHP) is meant as a purchase background vehicle and in NC can be used in lieu of an FBI NICS check for a FFL who is selling a firearm to a NC citizen. it is not meant as a document for transporting a firearm!

    In the state of NC an individual who has reached their majority (18yo) may open carry a firearm with the similar or in some cases less restrictions as someone who has their CHP.

    you are correct, an under 21yo is not authorized to purchase a firearm nor ammunition from a FFL. however, a parent, caregiver, etc. can gift a firearm to someone >18yo.

    as for transporting your firearm in NC (paragraph D beginning on page 22) as well as address the other areas you expressed concern about for the Tarheel state, your attention is directed to the NC Attorney General's wonderful resource located here:

    http://www.ncdoj.gov/getdoc/32344299...-gun-Laws.aspx

    As a NC resident, not an attorney, and therefore cannot nor will speculate on other states firearm statutes. It is recommended you ping those state's threads if you have further queries.

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    Last edited by solus; 10-27-2013 at 11:02 PM.
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    Quote Originally Posted by Desert Eagle OC View Post
    Thank you all. But here's the catch, I guess I forgot to mention it thinking it was implied.

    I'm planning on staying a few nights in the states listed, there are more states other than those we're driving through, but we'll have to stop and rest. So is the Interstate law any good under these circumstances.


    I will go look up all the states laws.

    In N.C you may possess and Open Carry a handgun at the age of 18. You must buy privately and not through an FFL obviously. But, being 18 with my PPP. Am I allowed to cross into states with my handgun who's law is 21 for OC and possession. That's the main question here. And does this mean I must leave the firearm in my vehicle trunk unloaded at ALL times during the trip or will I have the freedom of having it on my hips as I wonder about the many attractions each state has to offer? I plan on staying 3-4 days in Colorado, 3-4 days in Las Vegas, 1-2 days in California, and maybe a week in Washington.(I plan on being a Fish & Game Warden there.)

    Thank you all for the answers given, I'm starting to love this forum, sorry for my late reply, many personal problems at the time.
    When traveling through other states and stopping for other than the listed exceptions (Food, gas,& overnight accommodations) one must be driving straight through and abiding by the laws of each state including but not limited to age, permit/no permit, CC/OC.

    Right to Interstate Transportation: http://www.gunlawsbystate.com/#!/int...ransportation/
    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.

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by Grapeshot View Post
    When traveling through other states and stopping for other than the listed exceptions (Food, gas,& overnight accommodations) one must be driving straight through and abiding by the laws of each state including but not limited to age, permit/no permit, CC/OC.

    Right to Interstate Transportation: http://www.gunlawsbystate.com/#!/int...ransportation/

    +1

    OP...your PPP gives you NO extra "rights" or "protections" for anything other than the actual purchase of a pistol from a private individual in the State of North Carolina since you are under 21. Technically, you can purchase a pistol from an out of state private individual and have no trouble from the State of North Carolina. This doesn't mean you wouldn't from the state you purchased the pistol, however. (Proviso: IANAL)

    Best advice is read, read, read...or contact an attorney that specializes in firearms law...or both.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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