That's only if you are carrying concealed, right? if you open carry, then no need to worry about this.Here in NC, we have a "must advise" law if you are CC. ANY TIME you are addressed by an LEO in an "official manner", the FIRST thing out of your mouth needs to be "I have a valid VA (or whatever state) Concealed Handgun Permit, and I am currently carrying."
No, he needs to check VCIN - DMV records do not contain CHP info.I was with a friend who is a VA resident and has a CHP, and we got stopped in Falls Church VA on a burned out tail-light one evening. When the cop addressed my friend, the first thing the cop said was, "Good evening, Mr. blahblah. Are you carrying your firearm tonight?". He'd run the plates, and in VA, if you have a CHP, it comes up when they run your registration.
That is a good question but I don't it is very clear.Dreamer wrote:That's only if you are carrying concealed, right? if you open carry, then no need to worry about this.Here in NC, we have a "must advise" law if you are CC. ANY TIME you are addressed by an LEO in an "official manner", the FIRST thing out of your mouth needs to be "I have a valid VA (or whatever state) Concealed Handgun Permit, and I am currently carrying."
What does the NC state say? I cannot imagine a permit holder must advise re open carry but a normal permitless open carrier would not.Mike wrote:That is a good question but I don't it is very clear.Dreamer wrote:That's only if you are carrying concealed, right? if you open carry, then no need to worry about this.Here in NC, we have a "must advise" law if you are CC. ANY TIME you are addressed by an LEO in an "official manner", the FIRST thing out of your mouth needs to be "I have a valid VA (or whatever state) Concealed Handgun Permit, and I am currently carrying."
But this person is not permitless. We're told, whether you are carrying concealed or not, if you have a permit, you must inform. At least, that is the information that was taught to me by the professionals teaching the classes. That is why it didn't seem very clear to me if you are ONLY open carrying, but you do have a concealed permit, do you hvae to inform the officer of the permit?tekshogun wrote:What does the NC state say? I cannot imagine a permit holder must advise re open carry but a normal permitless open carrier would not.Mike wrote:That is a good question but I don't it is very clear.Dreamer wrote:That's only if you are carrying concealed, right? if you open carry, then no need to worry about this.Here in NC, we have a "must advise" law if you are CC. ANY TIME you are addressed by an LEO in an "official manner", the FIRST thing out of your mouth needs to be "I have a valid VA (or whatever state) Concealed Handgun Permit, and I am currently carrying."
Please cite to the relevat NC statute so we can see the text of the statute.But this person is not permitless. We're told, whether you are carrying concealed or not, if you have a permit, you must inform. At least, that is the information that was taught to me by the professionals teaching the classes.
Technically this is true. But in practice it's not really what goes on. VA state trooper's computers and many local LEO computer systems AUTOMATICALLY run a VCIN check when a person's DMV files are queries by an officer inthe field, and this would automatically show that the driver had a VA CHP...No, he needs to check VCIN - DMV records do not contain CHP info.
But in NC, if you have a permit, and are carrying, whether OC or CC, you MUST ADVISE. The "must advise" statute isn't dependent on possession of a firearm, it's contingent on you having a permit to carry concealed...
§ 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. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.
§ 14‑415.21. Violations of this Article punishable as an infraction and a Class 2 misdemeanor. (a) A person who has been issued a valid permit who is found to be carrying a concealed handgun without the permit in the person's possession or who fails to disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun, as required by G.S. 14‑415.11, shall be guilty of an infraction for the first offense and shall be punished in accordance with G.S. 14‑3.1. In lieu of paying a fine for the first offense, the person may surrender the permit. Subsequent offenses for failing to carry a valid permit or for failing to make the necessary disclosures to a law enforcement officer as required by G.S. 14‑415.11 shall be punished in accordance with subsection (b) of this section.
(b) A person who violates the provisions of this Article other than as set forth in subsection (a) of this section is guilty of a Class 2 misdemeanor. (1995, c. 398, s. 1.)
Really?Cite to authority.mrjam2jab,
My point wasn't so much that if you're OC, and have a CHP you need to disclose, but rather that if you are OC in a holster and sitting in a car, then by the way the vehicular OC laws are worded, it is concealed, and therefore, even though you are OCing when you get out of the car, while you are in the car, it is technically concealed,
The "must advise" statute isn't dependent on possession of a firearm, it's contingent on you having a permit to carry concealed...
Well, that clears it up - no reason to disclose to officer you have a permit to conceal unless you are carrying concealed; sine one can open carry in vehicles without needing a permit to conceal, there would be no reason to notify if open carrying in a vehcile even if you have a permit to conceal, except perhaps out of an abundance of caution to avoid a dispute over the facts of whether the gun was concealed by say a seatbelt, etc.(copied from another thread: I don't take credit for the research)
You must inform the LEO if you have a permit and are CC'ing. See caps.
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. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.11.html
General GS codes site, if interested.
http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl