open carry in your car

covi · Dec 4, 2013

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.....

skidmark · Dec 4, 2013

Welcome to OCDO.

Join Grass Roots North Carolina www.grnc.org

Just where did you read that? (And yes, we all know that everything on the internet has to be true. Bon joor, I'm a French fashion model.

stay safe.

covi · Dec 4, 2013

http://forum.opencarry.org/forums/showthread.php?118578-Radio-Host-who-speaks-for-personal-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

covi · Dec 4, 2013

thats it

carolina guy · Dec 4, 2013

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.

solus · Dec 4, 2013

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/showthread.php?118578-Radio-Host-who-speaks-for-personal-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

carolina guy · Dec 4, 2013

solus said:
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/showthread.php?118578-Radio-Host-who-speaks-for-personal-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

Chief1297 · Dec 5, 2013

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.

covi · Dec 5, 2013

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.

solus · Dec 5, 2013

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/2013 NC Firearms Laws.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

covi · Dec 6, 2013

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

solus · Dec 6, 2013

covi said:
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

papa bear · Dec 7, 2013

covi said:
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

covi · Dec 8, 2013

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.

Jamesm760 · Dec 8, 2013

Chief1297 said:
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

JustaShooter · Dec 9, 2013

Chief1297 said:
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.

papa bear · Dec 9, 2013

Nightmare said:
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.

papa bear · Dec 9, 2013

JustaShooter said:
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

Chief1297 · Dec 9, 2013

JustaShooter said:
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.

Chief1297 · Dec 9, 2013

papa bear said:
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.

open carry in your car

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