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Thread: Must inform LEO

  1. #1
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    There's a very good chance we will be in NC in Dec visiting some friends. When it come to "must inform" i'm assuming that goes for all persons in the vehicle?

    In other words, if i am a passenger in the back of the friend's minivan I have to open the sliding door to inform LEO that i am back there, have a PA LTCF, and a pistol on me...?


    States don’t have rights. People do.

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    Regular Member wylde007's Avatar
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    Never open the door of a vehicle unless instructed by the officer.

    The officer should address the driver as being the one in "control" of the vehicle. Simply have the driver inform the officer that passengers are carrying. It should not be a problem.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
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    NCGS § 14‑415.11. Permit to carry concealed handgun; scope of permit.
    (a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer.
    Until the officer addresses you, there is no need to disclose. Nowifyou want to have the driver offer the information on your behalf, that's fine.





  4. #4
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    So unless LEO actually talks to me then i dont need to say a word...works for me...
    States don’t have rights. People do.

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    Recently, the supreme court ruled that a passenger of a vehicle and no requirement to identify themself or even exit the vehicle if the vehicle was stopped for reasons having no possible bearing to the passengers. Arizona v. Gant

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    well...the only reason i ask is cuz she tends to have a lead foot...nothing arrestable...but thanks.
    States don’t have rights. People do.

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    For clarfication purposes Mek, how would this apply?(if it does at all)

    Theoretically Mrjam2jab is driving down the road and his wife isn't wearing her seat belt as the passenger of the vehicle. While they are going down the road a police officer spots the infraction and pulls over Mrjam2jab. Since the infraction in question was the passengers own doing, does this elminate the rights of the driver?

    What I mean is it necessary for the driver to hand over his information because the passenger commited an infraction?

    I was pulled over last summer with my AK's and had their serial numbers ran costing me time and a scratch on my handguard because of the cop, did I even have to give up my ID and information? I know I didn't have to let him check the serial numbers, but I did... and for those of you who think complying is the best way to go... sometimes that can end up badly too, could cost you a scratch on an expensive gun.

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    no telling how it would apply, this is somewhat new ground as it is a recent SCOTUS ruling and thus hasnt been interpreted by the state courts yet.

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    Appreciate it Mek, might have to send an e-mail or two to see if I can get a def. answer.

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    The person who is in control of the vehicle (the driver) is the one who is required to insure that all of the passengers are properly restrainedand, therefore, is the one who is cited if one of them is not. They would, inthe citationprocess, be requiredto give their information. Just my opinion, but if you were not stopped for some type of weapons violation, they should have probably left the rifles alone.Inthe citationprocess.

  11. #11
    Regular Member Dreamer's Avatar
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    It also depends on how an LEO asks the question. Under NC law, in a traffic stop, the "operator" of the vehicle should have their DL and CHP (and registration/insurance info) ready at-hand when the LEO approaches the driver-side window. ALWAYS let the officer speak first--NEVER just blurt out that you are carrying.

    After the officer addresses you (the operator), THEN you are required to inform him that you have a valid Concealed Handgun Permit (and tell him what state it's issued in. Example: "Officer, I am required by North Carolina Law to inform you that I have a valid NC Concealed Handgun permit, and I am currently carrying", as you are slowly handing him your paperwork.)

    Then, after the LEO has your papers, keep BOTH your hands on the wheel, and maintain eye contact with the LEO. He will most likely then ask you if you have any other firearms in your vehicle. THEN and ONLY THEN would you be required to tell him about any other passengers who are carrying, and that they also have valid permits.

    At this point, he's probably going to tell everyone to keep their hands where he can see them, and he's going to go back to the cruiser and call for backup. DO NOT freak out if this happens. DO NOT make any sudden moves, or reach for your wallets or start rummaging around in your luggage for your permits. The other members of your vehicle shoudl remain calm and still, with their hands visible. When the LEO is ready to proceed, he will instruct each person as to what he wants them to do.

    DO NOT open any doors. DO NOT attempt to exit the vehicle. DO NOT roll down any of the windows. DO NOT move until you are instructed to do so, and then, make all your moves slowly, deliberately, and carefully.

    These guys are generally pretty fair and even-handed if you give the appearance of an "upstanding citizen" and treat them politely. You need to realise that in some cities in NC, and ESPECIALLY on the I-95 Corridor, and in coastal areas, they run into all sorts of dicey individuals and are under a LOT of stress. Be polite, don't get scared, and don't act like as a$$-hole, and everything should be OK.

    But you need to be sure and go to the NC Attorney General's website and download the Concealed Carry law PDF and MEMORIZE it. This is a link to the "Reciprocity" page. About 3/4 down the page is a hotlink to the PDF for NC firearms laws:

    http://www.ncdoj.com/getdoc/19be6294...ciprocity.aspx

    The laws for CCW here in NC are VERY different from PA, and ignorance of the law is a sure ticket to a Class-1 Misdemeanor or worse.

    I am a NC resident with a CHP, and I traveled through VA, WV, and PA on vacation this past summer. Before my trip I downloaded and printed out the CCW laws for ALL those states and familiarized myself with them. In the case of PA, (were I was spending most of my vacation), I even called the PA-AG and had them clarify a few things. The MAJOR difference between NC and PA CCW law is how they treat establishments that where "alcoholic beverages are sold and consumed". So in NC, you CANNOT carry your concealed (or open carry) a firearm into any bar or restaurant that serves any kind of alcohol. However, you CAN carry it into a retail store that sells beer or wine (like a grocery store, or a wine store, but NOT a liquor store, because they are "state stores" in NC, and have signs posted). Also, in NC, if you have ANY alcohol in your system, it is illegal to carry (open or concealed) a firearm. Period. That means if you're even going to have ONE beer at a friend's backyard BBQ, you'd better leave the gun at home, or locked in your trunk...

    Download and read the laws. If anything is unclear, call the NC Attorney General:

    http://www.ncdoj.com/About-DOJ/Law-E...nt-Liason.aspx

    Oh, yeah, and welcome to NC! even if it is for a visit. If you are anywhere near Greenville/Washington, let me know. I've already scoped out all the local places to eat that don't serve alcohol...

    Good luck, and I hope you have an uneventful trip!
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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  12. #12
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    Then, after the LEO has your papers, keep BOTH your hands on the wheel, and maintain eye contact with the LEO. He will most likely then ask you if you have any other firearms in your vehicle. THEN and ONLY THEN would you be required to tell him about any other passengers who are carrying, and that they also have valid permits.
    You are in no way responsible for saying anything about guns that are not in your control.





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    An operator is responsible for the vehicle, and all the passengers according to my understanding. Do you have a statue that clarifies the matter?

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    Of course they would have to prove the driver knew his passenger
    had a gun on him also. Now if you used it at the last rest stop
    to foil a car jacking they might be able to. Otherwise "What gun officer?"

    Then if the passenger gets questioned he can submit to the required laws.
    But when traveling with a car full of people and luggage, why demand a
    vehicle 'officer safety' search that will leave you on side of road and risking
    being side swiped.

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    American Patriot wrote:
    An operator is responsible for the vehicle, and all the passengers according to my understanding. Do you have a statue that clarifies the matter?
    Concealed is defined as being "on or about the person" a gun that was in another persons console (on their person) or in that other persons immediate grasp would be considered to be the responsibility of the closest person, not the driver. The exception would perhaps be a console or glove box or other container that was part of the car in which case the driver would be responsible in all likelihood.

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