OC Questions - Transporting, Holstered on Side in Vehicle, Holster type

THANKS for this awesome forum and NCGO, I am considering OC until I get my CHP here in NC. However, I have a few questions -- especially since I don't have my CHP yet.

1) Let's say I'm going to run errands around town. I realize I can OC in my small SUV - on the seat, etc. However, I want my handgun to be secure while traveling. I'd appreciate input on securely traveling - keeping in mind I don't have a trunk to lock the gun in.

2) Since we can OC in a holster in most places in NC, is it also considered OC to just leave the gun in our holster, on our side, as we drive between destinations for errands? Keep in mind that I am LEFT HANDED, so the holster would not be visible to anyone while I'm sitting in the vehicle.

3) If I must remove the holster every time I enter/exit the car, what kind of holster should I look for -- OWB, right? I guess shoulder would be acceptable for OC...but, I'm not sure.

4) What is the preferred method of OC & transport for you -- from the time to leave the house til you get home from errands -- bearing in mind I do not have a CHP yet?

I appreciate ANY input!

Char1ieJ said:

THANKS for this awesome forum and NCGO, I am considering OC until I get my CHP here in NC. However, I have a few questions -- especially since I don't have my CHP yet.

1) Let's say I'm going to run errands around town. I realize I can OC in my small SUV - on the seat, etc. However, I want my handgun to be secure while traveling. I'd appreciate input on securely traveling - keeping in mind I don't have a trunk to lock the gun in.

2) Since we can OC in a holster in most places in NC, is it also considered OC to just leave the gun in our holster, on our side, as we drive between destinations for errands? Keep in mind that I am LEFT HANDED, so the holster would not be visible to anyone while I'm sitting in the vehicle.

3) If I must remove the holster every time I enter/exit the car, what kind of holster should I look for -- OWB, right? I guess shoulder would be acceptable for OC...but, I'm not sure.

4) What is the preferred method of OC & transport for you -- from the time to leave the house til you get home from errands -- bearing in mind I do not have a CHP yet?

I appreciate ANY input!

Click to expand...

There is no NC law that you cannot open carry inside a vehicle, just don't let clothing cover it. OTH if you put it on the seat and come to a stop, and it manages to go under the seat, that will be considered concealed. If you are concerned you could put a velcro holster on the dash.

Char1ieJ said:

THANKS for this awesome forum and NCGO, I am considering OC until I get my CHP here in NC. However, I have a few questions -- especially since I don't have my CHP yet.

1) Let's say I'm going to run errands around town. I realize I can OC in my small SUV - on the seat, etc. However, I want my handgun to be secure while traveling. I'd appreciate input on securely traveling - keeping in mind I don't have a trunk to lock the gun in.

Get a second holster. Attach it somewhere obvious, or belt it to the passenger seat.

2) Since we can OC in a holster in most places in NC, is it also considered OC to just leave the gun in our holster, on our side, as we drive between destinations for errands? Keep in mind that I am LEFT HANDED, so the holster would not be visible to anyone while I'm sitting in the vehicle.

If it is not covered, it is OC. Even if on the left side, it is still OC. Contrary to what I do, you may decide to advise any LEO that you have it, that it is OC, that it is on your left side. If you are "invited" to exit the vehicle, make sure you tell them prior to opening the door.

3) If I must remove the holster every time I enter/exit the car, what kind of holster should I look for -- OWB, right? I guess shoulder would be acceptable for OC...but, I'm not sure.

Shoulder holster is definitely okay for OC, although not something you usually see. It is great for in car use.


4) What is the preferred method of OC & transport for you -- from the time to leave the house til you get home from errands -- bearing in mind I do not have a CHP yet?

OWB on my belt.

I appreciate ANY input!

Click to expand...

Further: What Painterman posted (NCGO), referring to his LEO buddy's opinions, would receive the BS flag. By their definitions, having the gun superglued to your face may not keep it from being concealed.

Short simple answer: Yes you can OC in holster, in your vehicle w/o a permit - no difference left or right side.
http://www.opencarry.org/?page_id=282

http://www.ncdoj.gov/getdoc/32344299...-gun-Laws.aspx
Page 22 & 23.

"You may open carry in a vehicle. It must be clearly visible" I'm also left handed, if I carry it in my holster while driving or stopped, it would not be "clearly visible". I've been taking it out of my holster and laying it on top of my center console. The top is recessed so the pistol will not slide around or off if I stop hard. To me that seems like the safest way should I get stopped. But then again, I'm still trying to learn all this.

nikogto said:

"You may open carry in a vehicle. It must be clearly visible" I'm also left handed, if I carry it in my holster while driving or stopped, it would not be "clearly visible". I've been taking it out of my holster and laying it on top of my center console. The top is recessed so the pistol will not slide around or off if I stop hard. To me that seems like the safest way should I get stopped. But then again, I'm still trying to learn all this.

Click to expand...

The quote in red is my dilemma with leaving my firearm holstered while I'm driving. Now, should lefties be discriminated against because we carry on our left, which just happens not to be clearly visible? Political correctness says, no. But, I'm NOT politically correct. The law is vague. The interpretations I have been given are on both sides - carry in your left handed holster -and- don't carry, put the firearm somewhere more visible.

I'm still confused and really don't feel it wise to become a test court case. Yet, I know the firearm is most secure in my holster, on my side. It's also most accessible, should it be needed. What to do?!?

1) I don't know what to do...but I think I'll stick with unholstered in the car.
2) Rhetorical question. I know what to do. Go ahead & take the class, get my CHP and then don't worry about it another second.

nikogto said:

"You may open carry in a vehicle. It must be clearly visible" I'm also left handed, if I carry it in my holster while driving or stopped, it would not be "clearly visible". I've been taking it out of my holster and laying it on top of my center console. The top is recessed so the pistol will not slide around or off if I stop hard. To me that seems like the safest way should I get stopped. But then again, I'm still trying to learn all this.

Click to expand...

Could you cite case law or NC statutes that claim "it must be clearly visible"?

I have no problem with your choice, but what you claim is not true. The law is only against concealed carry, nothing in the law says that a person must go out of their way to make sure everybody sees the gun. In fact common law in NC states it is illegal to go about in public intentionally displaying a dangerous weapon. Going to the terror of the people. While putting a gun on the console is not GTTTOP, IMO, any LEO can interpret the law wrong on purpose or through ignorance.

We have a member here, though from Virginia, that gives good advice in keeping your big mouth shut when encountering police. He is an attorney and knows what he speaks.

IMO displaying a gun intentionally so the officer knows you are armed is not KYBMS. If sees your gun it is clearly not concealed, if he does not he will only know it is there because you show him, or you tell him. There is no law in NC, or Virginia that you must make anybody aware you are armed. As long as you do not hide the gun, This would include sitting at a booth in a restaurant.

Again it is your choice, but don't count on intentionally displaying your gun keeping you from getting grief from a uninformed police officer.

WalkingWolf said:

--snipped--
We have a member here, though from Virginia, that gives good advice in keeping your big mouth shut when encountering police. He is an attorney and knows what he speaks.

IMO displaying a gun intentionally so the officer knows you are armed is not KYBMS. If sees your gun it is clearly not concealed, if he does not he will only know it is there because you show him, or you tell him. There is no law in NC, or Virginia that you must make anybody aware you are armed. As long as you do not hide the gun, This would include sitting at a booth in a restaurant.

Again it is your choice, but don't count on intentionally displaying your gun keeping you from getting grief from a uninformed police officer.

Click to expand...

Indeed and much esteemed too - that would be Dan Hawes.
http://forum.opencarry.org/forums/member.php?37352-user

KYDMS = keep your damn mouth shut.
Anything you say can and will be used against you - see Dan's downloadable card stating your position/decision of silence.

nikogto said:

"You may open carry in a vehicle. It must be clearly visible" I'm also left handed, if I carry it in my holster while driving or stopped, it would not be "clearly visible". I've been taking it out of my holster and laying it on top of my center console. The top is recessed so the pistol will not slide around or off if I stop hard. To me that seems like the safest way should I get stopped. But then again, I'm still trying to learn all this.

Click to expand...

and your cite nikogto for this Gospel you are spewing?

ipse

Char1ieJ said:

The quote in red is my dilemma with leaving my firearm holstered while I'm driving. Now, should lefties be discriminated against because we carry on our left, which just happens not to be clearly visible? Political correctness says, no. But, I'm NOT politically correct. The law is vague. The interpretations I have been given are on both sides - carry in your left handed holster -and- don't carry, put the firearm somewhere more visible.

I'm still confused and really don't feel it wise to become a test court case. Yet, I know the firearm is most secure in my holster, on my side. It's also most accessible, should it be needed. What to do?!?

1) I don't know what to do...but I think I'll stick with unholstered in the car.
2) Rhetorical question. I know what to do. Go ahead & take the class, get my CHP and then don't worry about it another second.

Click to expand...

OP...the NC Attorney General's 'opinion' section III D is quite clear...
quote: North Carolina law does not specifically address how to transport a weapon in an automobile. 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. unquote

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

and i'm confused OP on why on earth you are still confused...further, why waste the money on your privilege card when it isn't necessary if you are prudent with the advice you follow...

ipse

solus said:

and your cite nikogto for this Gospel you are spewing?

ipse

Click to expand...

Uhhh, this website. Main page of opencarry.org right next to open car carry.

"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."

Would not open carry in a vehicle be within "ready access"? It's a little confusing to me also and to the op. Some of us new to this don't want to find out the hard way if or when stopped by LEO's.

nikogto said:

"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."

Would not open carry in a vehicle be within "ready access"? It's a little confusing to me also and to the op. Some of us new to this don't want to find out the hard way if or when stopped by LEO's.

Click to expand...

"and" is a very powerful word, and in this case there must be two elements for the firearm to be considered concealed.

When I lived in NC, I did not have a CHP and I OC'd exclusively. To help mitigate the constant change between carrying while walking, having to store it in the vehicle while at places that did not allow for weapons either by law or through policy, and while driving I used a paddle holster OWB from Wild Bill's Concealment.

Having a paddle holster made it so much easier to remove or reinstall the holster from my person during my daily activities. While driving, I normally placed it on the passenger seat in what I hoped would be full view, at least to satisfy any variation of it for legal purposes. There were also times where I kept it holstered while driving, however I'm a righty so it was on my right side. I'm not sure if an officer would deem it to be concealed if it was on your left side in that situation. The problem is that the AG pretty much leaves it up to the officer's discretion as to whether or not a handgun is concealed. There is the actual law, yes, but an officer's discretion is also part of it. That right there is the murky part.

Personally, I tried to leave an officer's discretion out of the equation. I simply didn't have the money to test the system so I tried to leave it out in sight where, so I hoped, that there would be no question as to whether or not it was concealed.

Best of luck.