imported post
Decoligny
wrote:
stang1988
wrote:
wake forest pd and wake county sheriff have both told me that this is ok way to carry while driving
But what is the law on the subject? If a LEO says that it's just fine and the law says different,which do you think is going to stand up in court if you are arrested by an LEO who doesn't say it's OK?
Look up the applicable statute and know what the legal requirements actually are and obey them.
CarryOpen
wrote:
This is from the state highway patrol and what I've always gone by:
"A handgun is concealed in a vehicle if it cannot be readily seen by a person approaching and if it is readily accessible. "
If a seat belt or door are obstructing the firearm, I would say that it is concealed.
I don't know of any statute that clearly defines when a firearm is or is not concealed. The AG used to have a bit in their NC Firearms Laws booklet about IWB holsters being considered concealed even if the firearm is openly displayed. I don't see that in there any more, so maybe it got challenged?
Unfortunately, there is no law defining exact concealed carry of a handgun ina vehicle. The general case, whether you are in a vehicle, or walking down the street is: If it is not readily visible (I think this can be construed as reasonably visible) by someone walking up to the vehicle AND it is readily accessible by a passenger in the car THEN it is considered unlawful concealed carry (if you don't have a permit).
If you are standing on the street, and your weapon is open and on your left hip, but an officer approaches you from your right and can not see your handgun, is that considered concealed? Well, by law technically, yes. But I think there is an understanding of reasonable view, wihch means if the officer approachd from some other side/angle, then he/she would may have seen the gun.
An example of Lawful concealed carry would be in the trunk of a car, a floor storage area (as seen on hatch-style vehicles). AG Roy Cooper stated that, even though a lockable glovebox means it is locked away, some police may take that as being ulawfully concealed (and arguably so). Since there is no law to help clear this up, usinga glovebox will likely result in charges at least and probably a conviction.
An in-wasteband holster, if tucked-out so the gun is visible should not be considered concealed. It may or may not have been challenged in court. Since the AG's words are not exactly law, but only a fair-view interpretation, it could have been modified with a realization that it may be wrong.
