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Would this be considered Open Carry?

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
I think there are very, very few officers who don't actually know the law. They may understand your rights just fine - but as long as there is little or no blowback from them enforcing their preferences,rather than the law, they will continue to do so.

I call those enforcing "preferences" OPINION ENFORCEMENT OFFICERS or OEOs.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I call those enforcing "preferences" OPINION ENFORCEMENT OFFICERS or OEOs.

I like it.
icon14.png
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
If you are in a car with OC, it's considered "concealed" even though it is carried open on your person according to the local police and magistrates in my neck of the woods.
The laws are clear for NC, but it all depends on what officer you come across and his or her interpretation of the law. It's sad really, many of those hired to enforce the laws do not even fully understand them.

Not wishing to dredge up olde memories, so not sure when, where, or the particulars of your 'discussion' with local LE and judicial which ended poorly from your perspective, but of recent years the NC AG has put out a specific tome reflecting on their interpretation of NC firearm statutes and it specifically mentions CC/OC aspects of firearms in vehicles.

so to be clear on firearms in vehicles, there are no laws within NC on firearm carry in a vehicle as evidenced by the NC AG's statement below so it is left to officer discretion, good or bad, as their interpretation wins based on the situation and attitudes along the side of the road.

quote
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 of a 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.

While a weapon carried openly in an automobile would not be concealed, there are other problems specific to this method of carrying a weapon. The principal drawback, of course, is in the event of an individual being stopped by a law enforcement official, the officer may not readily know that individual's purpose and intent for carrying a weapon. As such, it is imperative that an individual immediately notify an officer of the presence of any weapon in the automobile, for the officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons applies not only to handguns and other weapons commonly thought of as being easily hidden, but also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup trucks, and elsewhere in other vehicles, could similarly violate North Carolina law. unquote http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx (Section IIID)

the main thrust from the AG seems to be a consideration to notify the LE who, in the performance of their duties, you have a firearm on or about you. this is a mandatory requirement when NC citizens CC.

ipse
 
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