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Thread: NC OC in vehicle.

  1. #1
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    NC OC in vehicle.

    Hey Everybody,

    Got my first firearm yesterday and wasn't sure the best way to handle it in the vehicle so I contacted a few law enforcement agencies in the areas I drive. The first being the Buncombe County Sheriffs Dept...

    The officer that took my call advised me that OC in the state is perfectly legal but when I'm in my vehicle the gun should be unloaded and the clip and gun should be separated from each other so that it took 3 steps before I could fire it. (Take it out of the separate area... load it... chamber... then fire) and to keep the gun visible on the dashboard or front seat. And to be sure when approached by an officer if pulled over that the first thing I tell them is that I have a firearm.

    I also called the NCSHP and they advised similarly... as did Weaverville PD. I've heard mixed things online and wanted to get some feed back on what others had to offer on this.

  2. #2
    Regular Member dmatting's Avatar
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    Your first mistake was asking your local sheriff. Your second was asking the NCSHP and your third was asking the Weaverville PD.

    In NC, there is no distinction between a loaded and unloaded gun. If you don't have a CHP, then do not conceal your gun within the cabin of the vehicle unless it is out of reach, locked up, and/or not easily accessible.

    You can OC within your car. There are no laws against it. Many people just keep the gun holstered on their hip when they enter their vehicle. There is some disagreement regarding this among some and that has to do with the seat belt coming across the gun and blocking view of it. Some feel that this constitutes concealment while others do not.

    Others will just put the gun on the passenger seat - uncovered, in the open. Or on the dashboard, uncovered and in the open. There are some problems with those options as well. If you have to come to a sudden stop or are involved in an accident, then the gun will go flying. To get around this, some have holsters set up on their passenger seat seatbelt or somewhere else that keeps the gun out in the open but secured.

    Think about this.. If you go into a restaurant, get your food, and then sit in a booth that is against a wall so that the gun on your hip is facing the wall - are you carrying concealed? The answer is No. It's kind of like a cop approaching you from your left hand side with your gun holstered on your right. He cannot see it but that does not mean you are concealing.
    Last edited by dmatting; 08-18-2015 at 03:16 PM.

  3. #3
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by ADNC View Post
    Hey Everybody,

    Got my first firearm yesterday and wasn't sure the best way to handle it in the vehicle so I contacted a few law enforcement agencies in the areas I drive. The first being the Buncombe County Sheriffs Dept...

    The officer that took my call advised me that OC in the state is perfectly legal but when I'm in my vehicle the gun should be unloaded and the clip and gun should be separated from each other so that it took 3 steps before I could fire it. (Take it out of the separate area... load it... chamber... then fire) and to keep the gun visible on the dashboard or front seat. And to be sure when approached by an officer if pulled over that the first thing I tell them is that I have a firearm.

    I also called the NCSHP and they advised similarly... as did Weaverville PD. I've heard mixed things online and wanted to get some feed back on what others had to offer on this.
    As previously stated, although many people have a tendency to call the local PD, the accuracy of the information offered various from wildly inaccurate to completely accurate. Unless you think that the local PD is going to represent you in court, be wary of relying on ANY legal information offered.

    Besides the forum and the great people of OCDO, here is another resource for you: http://www.handgunlaw.us/

  4. #4
    Regular Member WalkingWolf's Avatar
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    The LEO was completely wrong, follow his advice and you could end up losing your freedom, and your gun. If you have a unloaded gun within reach, and it is concealed you will be arrested the same as having a loaded gun.
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  5. #5
    Newbie draksig's Avatar
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    Agreed, North Carolina law makes no distinction between loaded or unloaded. If you do not have a CCL keep it in the open or store it in the trunk (or very rear of a van or SUV. As long as no one in the vehicle (not just you) can not reach it easy you should be fine. With that in mind if you are in a van and you store it in the rear cargo area but a passenger is in the rear seat you are in trouble.

  6. #6
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    Just keep it on your hip openly.

  7. #7
    Regular Member solus's Avatar
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    ADNC, welcome to the forum...

    here is the NC AG's perspective...http://www.ncdoj.gov/getdoc/32344299...-gun-Laws.aspx

    section III D, Transporting...quote: North Carolina law does not specifically address how to transport a weapon in an automobile...unquote and the paragraph goes on to explain the AG's perception of how to transport your newly acquired firearm.

    btw...forget visiting other sites, e.g., handgun blah blah blah or contacting the nice LEs...do your own research such as the one listed above from the NC AGeneral or the actual statutes at: http://www.ncleg.net/gascripts/statutes/Statutes.asp

    then bring your questions out for discussion so you can decide what you personally will do...

    ipse
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  8. #8
    Regular Member solus's Avatar
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    Quote Originally Posted by draksig View Post
    Agreed, North Carolina law makes no distinction between loaded or unloaded. If you do not have a CCL keep it in the open or store it in the trunk (or very rear of a van or SUV. As long as no one in the vehicle (not just you) can not reach it easy you should be fine. With that in mind if you are in a van and you store it in the rear cargo area but a passenger is in the rear seat you are in trouble.
    your cite...especially with the 'you are in trouble' perception?

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  9. #9
    Regular Member papa bear's Avatar
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    these are very right on the mark answers ADNC. they know their stuff.

    I have often wished for a THANKS button on this forum

    My rule of thumb is this. consider there is no distinction between a loaded or unloaded gun

    in sight weather you can reach it or not. Legal

    out of sight but you can not access it legal

    out of sight but with in easy reach. not legal unless you have a CHP

    BTW welcome to the forum
    Last edited by papa bear; 08-25-2015 at 09:48 PM.
    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.

  10. #10
    Regular Member Resto Guy's Avatar
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    I agree completely with the advise given to you here, and as usual it goes against what the LEO's told you. Pay attention and you will learn that the best legal advise does not come from your local and state law enforcement agencies. Sometimes what is legal and what they would like will conflict.

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