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Thread: open carry in your car

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    open carry in your car

    so i have read that if you open carry in your car then it has to be in plain view... passenger seat...dash board ect. but i have read on here that people open carry on there hip still in there car and havent had any issues. seems to me that if the cop came to the passenger side of the car and you had it on your right hip then it would be considered in plain view....what is everyones thoughts on that? i mean i do both...sometimes i leave it on the passenger seat and sometimes on my hip...all depends who i have in the car with me.....

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    Campaign Veteran skidmark's Avatar
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    Welcome to OCDO.

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    http://forum.opencarry.org/forums/sh...rsonal-freedom

    i have read it on this forum a few times...this one just stood out


    its like 3/4 of the way down the page
    Last edited by covi; 12-04-2013 at 09:07 AM.

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    Quote Originally Posted by USMCRET. View Post
    I OC in my car all the time with the firearm on my hip in an open carry holster with the seat belt fastened. And yes I have been stopped a few times and have never had a problem. It is not illegal and the cop will find he or she is fighting a losing battle.
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    thats it

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    Regular Member carolina guy's Avatar
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    Note: IANAL and have a CHP

    My take is that if you are not attempting to conceal the weapon, the pistol is properly holstered (in a holster that would be visible if you were standing) and you are sitting in a normal position and buckled (per NCGS) in a car that was designed according to FMVS standards you SHOULD be good. If you CHOOSE to put the pistol on the seat/dash/roof/whatever, that is your choice and you could certainly do so prior to stopping your vehicle if a LEO displayed lights/siren to get you to stop.

    This is also depending on not crossing paths with a LEO that is uninformed, having a really bad day, or reacting to something else you have said/done to make them act against your recognized right to OC in NC.

    YMMV, carry a recorder and don't assume that anything is an absolute in the law or daily life.
    Last edited by carolina guy; 12-04-2013 at 10:35 AM.
    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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    Regular Member solus's Avatar
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    OP, FYI, your attention is directed to a better and proper response to your query in another thread out here:

    http://forum.opencarry.org/forums/sh...rsonal-freedom

    do not ask me how it got under this thread but the last several postings accurately presents the NC AG's position on NC Firearm Laws and section III, Para D specifically discusses transportation.

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by solus View Post
    OP, FYI, your attention is directed to a better and proper response to your query in another thread out here:

    http://forum.opencarry.org/forums/sh...rsonal-freedom

    do not ask me how it got under this thread but the last several postings accurately presents the NC AG's position on NC Firearm Laws and section III, Para D specifically discusses transportation.

    IPSE
    +1
    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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    One would think that if the officer saw the weapon on your belt, he wouldnt be able to arrrest you for concealing it. Judge: How did you know he was carrying a weapon. Officer: I saw it on his/her belt. Judge: Case dismissed.

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    If your pulled over or at a check point do you not have to inform them that you have a gun in the car? I have taken my ccw class and have decided not to pay the state to let me carry my gun. So there for i am new to open carry.

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    Regular Member solus's Avatar
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    covi, welcome to OC

    if you do not pursue getting your concealed handgun permit (CHP) and your firearm is sitting next to you on the seat next to you, then you have complied w/the law.

    for your reading pleasure your attention is directed http://www.ncsheriffs.org/documents/...rms%20Laws.pdf
    please go page 22 section III D of the NC AG's firearm statement which discusses transportation of a firearm within a vehicle (as well as other mundane things revolving around firearms within NC)

    I am sorry your CHP instructor did not tell you how to handle this kinda of OC situation.

    IPSE
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    Thanks. I understand why he didnt. The class was on cc not oc. Thanks for all of the responses.

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    Regular Member solus's Avatar
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    Quote Originally Posted by covi View Post
    Thanks. I understand why he didnt. The class was on cc not oc. Thanks for all of the responses.
    shame your instructor missed an excellent educational opportunity as an acquaintance of mine who provides CHP training assures they spend at least 30 minutes during their course to assure citizens know the OC aspects of carrying a firearm as well as covering CC aspects.

    eh, guess not everyone is so forward thinking...

    ipse
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    Regular Member papa bear's Avatar
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    Quote Originally Posted by covi View Post
    If your pulled over or at a check point do you not have to inform them that you have a gun in the car? I have taken my ccw class and have decided not to pay the state to let me carry my gun. So there for i am new to open carry.
    welcome to OCDO. as skid said you might want to join GRNC, they are the concealed carry group here in NC.

    just to let you know, if you are not concealing your gun, you do not have to inform the LE

    but do know that the LE can BF you on the hood of their car and there isn't a legal thing you can do about it. you have to wait till later and argue it in court
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    i you call a CHP a CCW then you are really stupid. period.

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    I'm going to join that forum, as for not informing them that i have a weapon on me…i will…i don't want to take the time off of work to prove a point…if all i have to do is say hey i have a weapon.

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    Quote Originally Posted by papa bear View Post
    [ ... ] just to let you know, if you are not concealing your gun, you do not have to inform the LE. but do know that the LE can BF you on the hood of their car and there isn't a legal thing you can do about it. you have to wait till later and argue it in court
    Quote Originally Posted by covi View Post
    I'm going to join that forum, as for not informing them that i have a weapon on me…i will…i don't want to take the time off of work to prove a point…if all i have to do is say hey i have a weapon.
    But do know that the LE can STILL BF you on the hood of their car ANYWAY and there STILL isn't a legal thing you can do about it.

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    Regular Member Jamesm760's Avatar
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    Quote Originally Posted by Chief1297 View Post
    One would think that if the officer saw the weapon on your belt, he wouldnt be able to arrrest you for concealing it. Judge: How did you know he was carrying a weapon. Officer: I saw it on his/her belt. Judge: Case dismissed.
    +1
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    Quote Originally Posted by Chief1297 View Post
    One would think that if the officer saw the weapon on your belt, he wouldnt be able to arrrest you for concealing it. Judge: How did you know he was carrying a weapon. Officer: I saw it on his/her belt. Judge: Case dismissed.
    Plenty of ways for a concealed handgun to be seen and still be considered concealed from a legal standpoint. A brief glimpse as a jacket flares out while moving or a breeze catches it, peeking out beneath a shirt while reaching up for something or bending over, etc. I doubt it would go nearly as simply in court as your scenario suggests.
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    Regular Member papa bear's Avatar
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    Quote Originally Posted by Nightmare View Post
    But do know that the LE can STILL BF you on the hood of their car ANYWAY and there STILL isn't a legal thing you can do about it.

    GRNC is more than a forum, it is an effective gun rights advocacy that needs hands and money.
    Thanks NIGHTMARE, but i still say GRNC is the CONCEALED CARRY advocate group in NC.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    i you call a CHP a CCW then you are really stupid. period.

  20. #20
    Regular Member papa bear's Avatar
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    Quote Originally Posted by JustaShooter View Post
    Plenty of ways for a concealed handgun to be seen and still be considered concealed from a legal standpoint. A brief glimpse as a jacket flares out while moving or a breeze catches it, peeking out beneath a shirt while reaching up for something or bending over, etc. I doubt it would go nearly as simply in court as your scenario suggests.

    just to let you know this very thing happened to my BNL. this was a long time before we had CC laws in NC. as he carried a lot of money for night deposit. he always carried a pistol in his back pocket, with the handle showing. one night as he was getting milk on his way home. a LEO that was doing night security at a convenience store, after seeing his gun when he came in, saw that his shirt had fell over it. when he went to pay for the milk. the LEO arrested him for carrying concealed. when the it went to court the judge asked the officer how he knew that he had a concealed gun, at which the LEO said he seen it when the BLN went in. so the judge dismissed the case, and he said if you saw it and it accidentally got cover it wasn't concealed
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Quote Originally Posted by JustaShooter View Post
    Plenty of ways for a concealed handgun to be seen and still be considered concealed from a legal standpoint. A brief glimpse as a jacket flares out while moving or a breeze catches it, peeking out beneath a shirt while reaching up for something or bending over, etc. I doubt it would go nearly as simply in court as your scenario suggests.
    I would think that if it took a jacket flaring out because of movement or breeze or reaching for something to expose your weapon then you were not really open carrying. In these cases, I think you would deserve what you get. If it is hanging on your belt and NOT COVERED, I would think it would be open carrying but that is only my school of thought. If you have in on your seat and have a blanket covering the weapon, common sense tells me, it is concealed. If you have it sitting uncovered on your seat, I would call that open carry but once again that is my own interpretation. YMMV.

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    Quote Originally Posted by papa bear View Post
    just to let you know this very thing happened to my BNL. this was a long time before we had CC laws in NC. as he carried a lot of money for night deposit. he always carried a pistol in his back pocket, with the handle showing. one night as he was getting milk on his way home. a LEO that was doing night security at a convenience store, after seeing his gun when he came in, saw that his shirt had fell over it. when he went to pay for the milk. the LEO arrested him for carrying concealed. when the it went to court the judge asked the officer how he knew that he had a concealed gun, at which the LEO said he seen it when the BLN went in. so the judge dismissed the case, and he said if you saw it and it accidentally got cover it wasn't concealed
    See, in this case, I would have thought he was guilty of the offense. Ya never know I guess.

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