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Thread: Open carry w/ out CCW

  1. #1
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    I am curious to know how many of you open carry without having a CCW? If you do, how long have you done it and what experiences have you had with LE, either positive or negative?

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    I OCed without a CHP from March to November of 08. It was the only way I could carry and I loved it. Never had a single problem, if anyone asks If I have a CHP when they see my gun, I say yes but I don't need one, then the education starts.

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    It's perfectly legal to Open Carry. The tricky part that always springs up forum debates is when you start getting into the "well what if im in my car driving with a pistol on my hip and i get pulled over" question. That is subject to much debate.

    Nothing wrong with Open Carrying, I wish more good people would do so.

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    This is what worries me. I want to start OCing, but I want to kind of ease into it. Therefore, I was thinking that it would be only natural to start by OCing to the Gun range. Carrying in the car is the owrrysome part. What do you guys do?

  5. #5
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    Also, what is the most totally legal way to carry a firearm in your vehicle if you do not have a CCW? I drive a pcikup so I couldn't lock it in the trunk etc.

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    I have a CCH Permit (Praise Allah), so I tuck and stash my guns wherever I please.

    I highly recommend that you read this recent thread:

    http://opencarry.mywowbb.com/forum41/23431-1.html

    Oh by the way, welcome to the Open Carry Forum.

    Brandon




  7. #7
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    Setting the gun in your passenger seat is a perfectly legal way to OC in your vehicle.

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    Federal law say if it is unloaded and locked up in a case you can carry it anywhere you can legally be in possession of the firearm. Like anything else, some folks want to be able to "interprete" the law how they please. I have a small pistol safe bolted to the floor behind the seat of my truck. Mainly to lock it up when I have to leave the truck.



    FEDERAL LAW ON TRANSPORTATION OF FIREARMS



    A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.

    Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess it to any other place where he may lawfully possess such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, like gasoline and rest, seem permissible.

    http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59



    Or as was said earlier, openly on the front seat. I attach my holster to the latched seat belt. Got that trick from this board.



    http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

    Go down to page 18 on transportation. There is a bias against OC, but it's a good place to start.

    And welcome aboard.

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    Plyr58 wrote:
    This is what worries me. I want to start OCing, but I want to kind of ease into it. Therefore, I was thinking that it would be only natural to start by OCing to the Gun range. Carrying in the car is the owrrysome part. What do you guys do?
    I don't have a CHP yet cause Guilford county has a 2 month wait for an appointment to apply then all of 90 days to issue=5 MONTHS!!!

    So I have to OC and even when I get my CHP I'll probably OC.

    As for the car debate, I just carry in the holster in the car since I don't plan on getting pulled over on a daily basis. I don't want my gun flying around sitting on the seat if I take a sharp turn or slam on the brakes. Probably wouldn't be too good if it fell in the floor and got under the passenger seat with all the springs and leavers under there that could (not likely but COULD) pull the trigger.

    If I ever get pulled, I'll put the gun on the seat before the officer walks up...right as I'm starting my live recording on my cellphone that is streaming live on the internet and being saved to a web server (LE ain't takin my evidence and erasing it before I sue'em if they violate my rights.) :P.

  10. #10
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    Well I Picked up my first Glock today, a 19.

    Here's a little gun porn for ya...






    She is now lubed up and ready to go. Unfortunately, I can't get to the range until Thursday

    Anyone name their weapons? I figured if my truck is Bertha I should name my Glock too.

    I signed up for the CCW class through Calibers today as well. Only problem with this is that I am probably going to be moving somewhere else in North Carolina in August. In this case, I would have moved before Guilford COunty Sheriff's Ofiice has issue mw CCW. Should I wait until I move? Will I have to start the process over if I move while I am waiting? Should I just not change my liscense until after I get my CCw? What do you guys think?

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    OK, yeah, couple of things.


    If you're going to have it in your car, you want it in a holster that's attached somewhere. Holsters are cheap. Damage done by a flying gun when you have to stop short is not cheap.

    I would NOT leave it on my hip, then move it when pulled over. First, any cop behind you is going to correctly interpret your body movements and know what you did. Second, the fact that you did it will be prima facie evidence that you knew or suspected that what you were doing was wrong.

    If you're going to carry in NC, you need to have a secure method for storing your firearm in your car. There are too many 'gun-free zones' that you can't completely avoid. Get a locking safe of some sort.


    On a lighter note, I named my first handgun years ago. He is named "Lawyer", as in "Leave me alone/Go Away/Get off My Land or you'll be hearing from my Lawyer."

  12. #12
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    Fahrenheit wrote:
    OK, yeah, couple of things.


    If you're going to have it in your car, you want it in a holster that's attached somewhere. Holsters are cheap. Damage done by a flying gun when you have to stop short is not cheap.

    I would NOT leave it on my hip, then move it when pulled over. First, any cop behind you is going to correctly interpret your body movements and know what you did. Second, the fact that you did it will be prima facie evidence that you knew or suspected that what you were doing was wrong.

    If you're going to carry in NC, you need to have a secure method for storing your firearm in your car. There are too many 'gun-free zones' that you can't completely avoid. Get a locking safe of some sort.


    On a lighter note, I named my first handgun years ago. He is named "Lawyer", as in "Leave me alone/Go Away/Get off My Land or you'll be hearing from my Lawyer."
    I think a better way to phrase that would be that any cop would correctly assume my body movements but then again I can't be convicted off an assumption.

    He may assume I was placing my weapon on the seat but he has ZERO evidence and unless I'm like your typical Larry Laydown in regards to asserting my rights (which btw, I'm not) the only way he could charge me for having it concealed when it's on the seat by the time he gets to my car window is if I admitted it.

    He could assume I was moving it but I could have been: leaning over to get my registration, reaching to turn the recording on my camera or any other number of countless things.

    He'd probably try to get me to "confess" to doing it via questions like " what were you doing as I approached the vehicle?"
    Larry Laydown answer: I was placing my gun on the passenger seat because I don't have a CHP.
    My "answer": What do you think I was doing?

    That would probably lead him to saying something like "well it looked like you were putting the gun in the seat". Nice try Mr. Officer..."Well are you stating a speculation based off of your assumptions void of evidence or are you charging me with some crime? Cause If you're charging me don't ask me questions in attempt for me to waive my right to silence; simply charge me and we'll see if it sticks." Of course it won't stick because there is no evidence outside of my recording which didn't start till the gun was on the seat.

    Secondly, I would place it on the seat not out of knowing or suspecting that I was doing something wrong. I simply know and suspect that the cop would think it was wrong.

    Driving with a gun on your hip is not concealed and If the cop wants to interpret the law on the side of the road, he is breaking his oath to uphold the state constitution since it states in Article I section 6 "The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other."

    Only the judicial branch can interpret the law and I'd be glad to pull the constitution out and read it to him, or allow him to write his ticket, be on my way, write a nice little letter to the court and wait for them to acquiesce as they will most certainly do. I'll never go to court and would ultimately end up with a nice lil story to post on opencarry.org.

  13. #13
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    This is what I did with my G23 before I had my CHP, and I didn't have passengers.

    If I had passengers, the same holster was stuck barrel first between the seat and center console, and could easily be pulled up and put on the dash if I was pulled over.





    I have this in the trunk currently for when I go places where carry is prohibited. A smaller safe is in my future, and recommended for everyone who travels at all.



  14. #14
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    Glock 19....My first handgun as well.

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    I don't like to carry my weapon in my strong side holster when I am driving in my car. If I needed it, say at a stop light, it would be hard to access with the seatbelt on. So, I usually put it in the console compartment if I am in my truck, or just next to me if I am in some othe vehicle.

  16. #16
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    I carried openly for almost a year before I got my CCW permit. Now I OC about half the time, but I have the option of being armed ALL the time. I never had any contact with the police (tiny town) and minimal run-ins with civilians. The few I had a discussion with thought I was a LEO, which I am not. My wife was asked regularly if she was a cop (she isn't) and she educated more than her fair share of sheep. Go for it. Do your research and know that the law is on your side, even if the police and society are not. I was scared at first, but it has become as natural as tying my shoes now. The clerk at my local gas station asks what's wrong if he doesn't see my pistol now.

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