• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Loaded or Unloaded In My Vechial In North Carolina?

B

bgreene89

Guest
imported post

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
 
B

blindhog

Regular Member
Joined
Jan 22, 2010
Messages
39
Location
Greensboro, North Carolina, USA
imported post

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.
 
H

hotrod08

New member
Joined
Dec 28, 2009
Messages
211
Location
, ,
imported post

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
Click to expand...

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
 
B

blindhog

Regular Member
Joined
Jan 22, 2010
Messages
39
Location
Greensboro, North Carolina, USA
imported post

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".
 
H

hotrod08

New member
Joined
Dec 28, 2009
Messages
211
Location
, ,
imported post

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".
Click to expand...

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.
 
C

CarryOpen

Regular Member
Joined
Dec 30, 2009
Messages
379
Location
, ,
imported post

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

hotrod08

New member
Joined
Dec 28, 2009
Messages
211
Location
, ,
imported post

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.
Click to expand...
Don't be a gun dork.

http://www.examiner.com/x-2782-DC-G...009m12d31-Dont-be-a-gun-dork-in-traffic-stops
Click to expand...





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.
Click to expand...
Don't be a gun dork.

http://www.examiner.com/x-2782-DC-G...009m12d31-Dont-be-a-gun-dork-in-traffic-stops
Click to expand...





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.:lol:
 
C

CarryOpen

Regular Member
Joined
Dec 30, 2009
Messages
379
Location
, ,
imported post

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.
 
wylde007

wylde007

Regular Member
Joined
Jan 23, 2009
Messages
3,035
Location
Va Beach, Occupied VA
imported post

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.
Click to expand...
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.:D
 
C

CarryOpen

Regular Member
Joined
Dec 30, 2009
Messages
379
Location
, ,
imported post

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.
Click to expand...
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.:D
Click to expand...
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.]
 
H

hotrod08

New member
Joined
Dec 28, 2009
Messages
211
Location
, ,
imported post

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.
Click to expand...
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.:D
Click to expand...
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.]
Click to expand...




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.
 
C

CarryOpen

Regular Member
Joined
Dec 30, 2009
Messages
379
Location
, ,
imported post

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.
 
B

blindhog

Regular Member
Joined
Jan 22, 2010
Messages
39
Location
Greensboro, North Carolina, USA
imported post

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?
 
C

CarryOpen

Regular Member
Joined
Dec 30, 2009
Messages
379
Location
, ,
imported post

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.
 
H

hotrod08

New member
Joined
Dec 28, 2009
Messages
211
Location
, ,
imported post

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.
Click to expand...


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.)
 
C

CarryOpen

Regular Member
Joined
Dec 30, 2009
Messages
379
Location
, ,
imported post

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.
 
You must log in or register to reply here.
Top