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Thread: Loaded or Unloaded In My Vechial In North Carolina?

  1. #1
    bgreene89
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    I do not have a Concealed Weapons Permit And I will be Open Carrying At ALL TIMES My Questions Are Can It Be Within Reach Of (Me) The Driver? And Can It Be Loaded?

    I Live In North Carolina

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    Open carry is legal in NC in a vehicle, be warned that the gun must be in plain view. In the passengers seat ,or my favorite on the dash, is the best place for it when encountering a Police stop. When the officer approaches let them know that you have a firearm in the vehicle. As far as being loaded makes no difference, legal either way.

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    bgreene89 wrote:
    I do not have a Concealed Weapons Permit And I will be Open Carrying At ALL TIMES My Questions Are Can It Be Within Reach Of (Me) The Driver? And Can It Be Loaded?

    I Live In North Carolina
    Yes It MUST be in plain view.
    The method I use is, If pulled over keep yours hands on the wheel (11 & 2 o'clock) with your fingers apart, reason being back in the 80's LEO'S had been known to pull cars over and the driver would have a razor blade between his finger's.
    I was told that when pulled over RIGHT AWAY let the officer now u have a weapon in the car and if you want you can mention where its at.


    http://www.handgunlaw.us/documents/USRVCarCarry.pdf

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    Just remember when you tell the officer you have a firearm in the vehicle you do it in a non threatening manner ,something like " Officer I would like to let you know that I have firearm in my vehicle" don't just blurt out "I have a gun".

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    blindhog wrote:
    Just remember when you tell the officer you have a firearm in the vehicle you do it in a non threatening manner ,something like " Officer I would like to let you know that I have firearm in my vehicle" don't just blurt out "I have a gun".
    Yea I can see it now.
    I GOT A GUN!!!!

    LEO :what: It would be one of those times you might get drew on.

    I always say "Officer I just want you too know I have a weapon here on the seat." (OR where ever it is.)
    Never had no problem's.

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    Good info on the above. Here is something you might want to look through as well. It's the NC Firearm's Law booklet from the AG.

    http://www.grnc.org/guns.htm

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    All guns are always loaded. You might as well put bullets in them.

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    hotrod8812 wrote:
    I always say "Officer I just want you too know I have a weapon here on the seat." (OR where ever it is.)
    Never had no problems.
    Don't be a gun dork.

    http://www.examiner.com/x-2782-DC-Gu...-traffic-stops
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
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    wylde007 wrote:
    hotrod8812 wrote:
    I always say "Officer I just want you too know I have a weapon here on the seat." (OR where ever it is.)
    Never had no problems.
    Don't be a gun dork.

    http://www.examiner.com/x-2782-DC-Gu...-traffic-stops




    wylde007 wrote:
    hotrod8812 wrote:
    I always say "Officer I just want you too know I have a weapon here on the seat." (OR where ever it is.)
    Never had no problems.
    Don't be a gun dork.

    http://www.examiner.com/x-2782-DC-Gu...-traffic-stops




    LOL thats pretty funny stuff BUT I'm not A gun dork (Not that you was calling me one), It is NC law to let the officer now when pulled over that you a weapon in the car.

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    If the weapon is not concealed, you do not have a legal duty to notify the officer. Only if you're a concealed cary holder and you're carrying concealed.

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    CarryOpen wrote:
    If the weapon is not concealed, you do not have a legal duty to notify the officer. Only if you're a concealed cary holder and you're carrying concealed.
    I don't know if that's necessarily a true statement.

    And I must apologize. I totally spaced out that NC is a "shall notify" state. Virginia is not, and I forgot. My bad.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    wylde007 wrote:
    CarryOpen wrote:
    If the weapon is not concealed, you do not have a legal duty to notify the officer. Only if you're a concealed cary holder and you're carrying concealed.
    I don't know if that's necessarily a true statement.

    And I must apologize. I totally spaced out that NC is a "shall notify" state. Virginia is not, and I forgot. My bad.
    We are a shall notify state for lawfully concealed weapons. We have no notify statute for illegally concealed or lawfully openly carried firearms to the best of my knowledge. I don't see anywhere in our GS that it could be housed.

    Here is the only notification statute that I am aware of:

    § 14‑415.11. Permit to carry concealed handgun; scope of permit.
    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.]

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    CarryOpen wrote:
    wylde007 wrote:
    CarryOpen wrote:
    If the weapon is not concealed, you do not have a legal duty to notify the officer.* Only if you're a concealed cary holder and you're carrying concealed.
    I don't know if that's necessarily a true statement.

    And I must apologize.* I totally spaced out that NC is a "shall notify" state.* Virginia is not, and I forgot.* My bad.
    We are a shall notify state for lawfully concealed weapons.* We have no notify statute for illegally concealed or lawfully openly carried firearms to the best of my knowledge.* I don't see anywhere in our GS that it could be housed.

    Here is the only notification statute that I am aware of:

    § 14‑415.11.* Permit to carry concealed handgun; scope of permit.
    *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.]



    In USRVCAR carry PDF
    "Carrying firearms in a vehicle WITHOUT a permit/license is legal in some states. Those states
    listed below are ones we believe you can legally carry in with or without some restrictions as
    noted without a permit/license to carry from that state or a permit/license that is honored by that
    state. . This is not legal advice and you should check with the proper authorities before
    transporting firearms in any state."

    Now when you look at the NC section of this PDF file it says "Must Inform Officer"
    And at the top of the PDF its says this is for people that DONT have CHP (Paraphrasing) So what I get from this when pulled over In NC you must inform officer of a weapon in the car.
    Correct me if i am wrong???

    Thanks Jason.

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    Jason - I'm not a lawyer or a lawmaker, so please do your own research and carry however you feel most comfortable, but there is no statute that I can find that requires notification. Documents that other people put together are fine and the word of that document is no more or less authoritative than mine, but if there's no statute then it is not a law.

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    So I guess you guys are saying you have a gun laying on the passenger seat of your car when the cop pulls you and your suggesting to not tell him you have a weapon in the vehicle. Correct?

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    I'm not suggesting either way - I didn't even read the article closely. Just saying that in my research I've seen no legal requirement for notification. It's not any different than being approached on the street or in a store - none of us go out of our way to notify there, because the weapon is visible.

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    CarryOpen wrote:
    Jason - I'm not a lawyer or a lawmaker, so please do your own research and carry however you feel most comfortable, but there is no statute that I can find that requires notification.* Documents that other people put together are fine and the word of that document is no more or less authoritative than mine, but if there's no statute then it is not a law.

    You would think the AG wouldnt print stuff that wasnt "Law"
    Makes sense if there is no Statue its not a law But why would they print something saying this is how you should go about things. Anyway I talked to a guy today that use to be with the SHP He should He was pretty sure when he went to school (Criminal justice ) You had to Inform LEO of the presence of a weapon in the car But couldnt provide me with a statue. I will talk to a lawyer that my grandma knows this week (If I can get him on the phone.)

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    The problem with the AG document is that it's all opinion and sometimes it's not grounded in any law. The verbage that I read in the AG document was to the effect of "it's imperative that you notifiy an officer immediately" - in the context of "it's safest for you and the officer" not "it's required by law".

    That being said, there may be some statute I don't know about and can't find on the books, just like that Durham thing. It poses an interesting question though - if we always have a legal requirement to notify in NC, then why would they write a legal requirement into the concealed carry statute? They could just as easily revoke your license for violating X statute instead of writing a new one.

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    To answer the original post, it doesn't matter. Loaded or unloaded, the rules are the same in NC.

    Technically you can haveten fully loaded 30 round AK's on your dash in plain view and it is legal, an unloaded single shot .22 derringer in your pocket and it's jail time unless you have a CHP.


    http://opencarry.mywowbb.com/forum41/37190.html

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    Don't ask, don't tell.

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    Mike wrote:
    Don't ask, don't tell.
    That's my take. It's on the dash as far from my hands as my windshield will allow. I'm not telling you it's there, use your eyes.

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    I can not find anything regarding about OC but if CC then you must inform when approached or addressed by any LEO.

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