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Fender bender at Wally World

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anyamaboy

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Yesterday I was at Walmart with my girlfriend and another friend who needed groceries. I OC'd in Aldi and in Walmart with no problems. As I was backing out of my parking spot, a lady in the road part of the row started backing straight up to take a spot on the other side of the row. I stopped when I realized she was going to hit me I blew my horn but it was a little too late. She put a nice dent in her bumper, but merely scraped some paint off of mine.

I had my pistol on the dash and when the police officer came to write an incident report for the accident he spotted my pistol and asked me what kind it was and quietly suggested that I take a CC course. He then took the pistol and cleared it and told me I would get it back. I had the box for it in the trunk so I gave it to him and he went back to his car to fill out the paperwork.

Everything worked out, I got the other lady's information because she admitted it was her fault, he returned my pistol in the case and told me that I could leave. All of my papers were in order and the officer was very cordial.

Is there anything I could have done differently?
 
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NCBobD

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78 Camaro wrote:
Put the gun back in your Holster?

Why if you were OCing was it on your dashboard and not on you?

Just asking..
Click to expand...
Because he's in NC. In this state open carry in a vehicle is defined as in the open as on the passenger seat or on the dash. Holsered would be considered concealed in a vehicle and, unless he has at CHP, he would be in violation of the law.
 
7

78 Camaro

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Thanks.. I need to read up on open carry in the car.
I have CCW. I thought that if it was open on your hip or on your person you were ok. I have mine in a holster hanging down from my center console cup holder in plain sight. Then put it in my holster on my hip when exiting cause it stabs me in the side.

Still a newbie.
 
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anyamaboy

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When I got out of the car I didn't reholster it because I didn't want to scare the lady that hit me.

A friend of mine told that when the Castle doctrine passes that you can conceal in your car, but that is still in the future, I think.
 
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Anthony_I_Am

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Because he's in NC. In this state open carry in a vehicle is defined as in the open as on the passenger seat or on the dash. Holsered would be considered concealed in a vehicle and, unless he has at CHP, he would be in violation of the law.



Not true. Carried openly in a holster on a beltis not concealed. If it is covered by a coat or other similar item it is concealed. Carrying a pistol openly in a holster in a vehicle in NC is in plain view.

Let me guess, another case of"My concealed handgun class instructor told me this"? I've been OCing for decades and have never been questioned during a traffic stop.
I just got a ticket yesterday, yeah I was speeding:cry:. The cop who stopped mt didn't seem to care a bit that I had my sig .45 on my right hip unconcealed. And he didn't ask for a CHP, and I didn't advise him that I had one.

Many times people will put their holstered gun on the dash or in the passenger seat as a courtesy for the officer because it is more obvious to him. IMO, this is a bad idea. The LAST thing you want to do when a cop is getting out of his car is be fooling with your gun for any reason. After he stops you, before he gets out of the car, his mouth might be on the radio, but his eyes are watching every move you make to make sure you aren't grabbing a weapon or hiding dope.

Simply saying "Just so you know, I have a Sig .45 on my right hip." is OK. Simply saying "Just so you know, I have an UNCONCEALED Sig .45 on my right hip." is even better.

Go download the NC OC flyer for yourself.



EXERPS FROM THE NC ATTORNEY GENERALS OPINION: "North Carolina law does not specifically address how to transport a weapon in an automobile."

"While a weapon carried openly in an automobile would not be concealed,..."

Don't forget, your concealed weapons instructor has a $$ vested $$interest in making you believe that the only way you can legally carry your weapon in a car is with a CHP. He knows you are going to go to some forum on the internet and spread the word!
 
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Preble

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I have a jeep wrangler, i ALWAYS have the doors off, I should invest in a left handed holster type deal.

so when i'm cruising down the road people will see my civil rights...and i wont have to piddle with my gun gettin' in and out the car.
 
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NCBobD

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Anthony_I_Am wrote:
Because he's in NC. In this state open carry in a vehicle is defined as in the open as on the passenger seat or on the dash. Holsered would be considered concealed in a vehicle and, unless he has at CHP, he would be in violation of the law.



Not true. Carried openly in a holster on a beltis not concealed. If it is covered by a coat or other similar item it is concealed. Carrying a pistol openly in a holster in a vehicle in NC is in plain view.

Let me guess, another case of"My concealed handgun class instructor told me this"? I've been OCing for decades and have never been questioned during a traffic stop.
I just got a ticket yesterday, yeah I was speeding:cry:. The cop who stopped mt didn't seem to care a bit that I had my sig .45 on my right hip unconcealed. And he didn't ask for a CHP, and I didn't advise him that I had one.

Many times people will put their holstered gun on the dash or in the passenger seat as a courtesy for the officer because it is more obvious to him. IMO, this is a bad idea. The LAST thing you want to do when a cop is getting out of his car is be fooling with your gun for any reason. After he stops you, before he gets out of the car, his mouth might be on the radio, but his eyes are watching every move you make to make sure you aren't grabbing a weapon or hiding dope.

Simply saying "Just so you know, I have a Sig .45 on my right hip." is OK. Simply saying "Just so you know, I have an UNCONCEALED Sig .45 on my right hip." is even better.

Go download the NC OC flyer for yourself.



EXERPS FROM THE NC ATTORNEY GENERALS OPINION: "North Carolina law does not specifically address how to transport a weapon in an automobile."

"While a weapon carried openly in an automobile would not be concealed,..."

Don't forget, your concealed weapons instructor has a $$ vested $$interest in making you believe that the only way you can legally carry your weapon in a car is with a CHP. He knows you are going to go to some forum on the internet and spread the word!
Click to expand...

You seem to have a major burr up your behind when it comes to CHP instructors. :) In my limited experience, however, CHP instructors don't spend a lot of time talking about open carry... it's not exactly what they're all about. I don't recall that topic ever coming up in class.

EXERPS FROM THE NC ATTORNEY GENERALS OPINION: "North Carolina law does not specifically address how to transport a weapon in an automobile."

Which leaves room for interpretation by any LEO. "Sir I can't see that gun on your hip, in my opinion that's concealed." You may win in court but you're likely to get treated to an unfriendly visit to the local jail. All based on the interpretaion of some LEO.

Of couse this says it all: "He knows you are going to go to some forum on the internet and spread the word!"

But we all are smart enough to know better than to take legal advice from some anonymous user on an interent forum... right? You know whether it says you should holster or should not holster. Legal advice from the internet is always a bit suspect.








 
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chiefjason

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Anthony_I_Am wrote:

EXERPS FROM THE NC ATTORNEY GENERALS OPINION:  "North Carolina law does not specifically address how to transport a weapon in an automobile."

"While a weapon carried openly in an automobile would not be concealed,..."
Click to expand...



The AG document also says this....

"Obviously, a weapon would be concealed and readily accessible, and therefore in violation of North Carolina law, if it were placed in such areas
of a vehicle as under the seat of the automobile; in a bag in the back seat; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. "

Glad it's worked out for you to keep it on your hip. I never took the chance though. I don't like leaving the LEO to interpret the gray areas. I kept mine on the passenger seat in a holster attached to my buckled seat belt. Now that I have a CCP I just leave it holstered and go on.

To the OP. I had an accident that HP responded to a while back. I was OCing when the officer arrived. He disarmed me and locked my unloaded gun in MY truck. Your experience seems kind of neutral to me. Generally speaking if you need to do business with a LEO they will disarm you. I don't particularly like it, but I needed the accident report like you did. The NCHP officer never mentioned an issue with OC. I did tell him I was waiting on my CCP while we talked during the incident. The CCP makes OC easier, particularly in a car. Some folks just don't like having to jump through the hoops, and that's their call.
 
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Anthony_I_Am

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Feb 10, 2010
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SMITHFIELD, North Carolina, USA
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chiefjason wrote:
Anthony_I_Am wrote:

EXERPS FROM THE NC ATTORNEY GENERALS OPINION: "North Carolina law does not specifically address how to transport a weapon in an automobile."

"While a weapon carried openly in an automobile would not be concealed,..."
Click to expand...



The AG document also says this....

"Obviously, a weapon would be concealed and readily accessible, and therefore in violation of North Carolina law, if it were placed in such areas
of a vehicle as under the seat of the automobile; in a bag in the back seat; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. "

Glad it's worked out for you to keep it on your hip. I never took the chance though. I don't like leaving the LEO to interpret the gray areas. I kept mine on the passenger seat in a holster attached to my buckled seat belt. Now that I have a CCP I just leave it holstered and go on.

To the OP. I had an accident that HP responded to a while back. I was OCing when the officer arrived. He disarmed me and locked my unloaded gun in MY truck. Your experience seems kind of neutral to me. Generally speaking if you need to do business with a LEO they will disarm you. I don't particularly like it, but I needed the accident report like you did. The NCHP officer never mentioned an issue with OC. I did tell him I was waiting on my CCP while we talked during the incident. The CCP makes OC easier, particularly in a car. Some folks just don't like having to jump through the hoops, and that's their call.
Click to expand...


No, nothing against CHP instructors in general. Except the one who told me I could carry my gun on a commercial flight so long as I was only traveling inside the state, because "My permit is good statewide."

Nevermind. You do it your way and I'll keep doing it the way I have for 30 years. Not meant to be legal advice. I just said that after all the times I have been stopped at DUI checks, traffic violations, and the like if it was illegal, surely some cop or trooper would have done something about it. Plus, having 4 cops in the family, one in Smithfield, one in Durham, one in Goldsboro, and another one in Kenly, they all say it is unconcealed if it is in a holster on a belt, carried normally.

But again, this is not legal advice. Do what you want.

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

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SMITHFIELD, North Carolina, USA
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"Which leaves room for interpretation by any LEO. "Sir I can't see that gun on your hip, in my opinion that's concealed." You may win in court but you're likely to get treated to an unfriendly visit to the local jail. All based on the interpretaion of some LEO."



That's true. So if standing up for your 2A rights is too inconvenient, then just "go sit at the back of the bus and be quiet, boy."
 
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PT111

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Jul 31, 2007
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, South Carolina, USA
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Anthony_I_Am wrote:
"Which leaves room for interpretation by any LEO. "Sir I can't see that gun on your hip, in my opinion that's concealed." You may win in court but you're likely to get treated to an unfriendly visit to the local jail. All based on the interpretaion of some LEO."



That's true. So if standing up for your 2A rights is too inconvenient, then just "go sit at the back of the bus and be quiet, boy."
Click to expand...

Key is the word may. Since no one is actually quoting a court decision on this the intepretation is still open and the jusdges may very well decide with the officer and then you can go sit on the back of the prison bus and be very quiet, boy.

In court an AG opinion counts the same as yours or mine, an opinion only.
 
C

chiefjason

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Jan 29, 2009
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Anthony_I_Am wrote:
chiefjason wrote:
Anthony_I_Am wrote:

EXERPS FROM THE NC ATTORNEY GENERALS OPINION:  "North Carolina law does not specifically address how to transport a weapon in an automobile."

"While a weapon carried openly in an automobile would not be concealed,..."
Click to expand...



The AG document also says this....

"Obviously, a weapon would be concealed and readily accessible, and therefore in violation of North Carolina law, if it were placed in such areas
of a vehicle as under the seat of the automobile; in a bag in the back seat; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. "

Glad it's worked out for you to keep it on your hip. I never took the chance though. I don't like leaving the LEO to interpret the gray areas. I kept mine on the passenger seat in a holster attached to my buckled seat belt. Now that I have a CCP I just leave it holstered and go on.

To the OP. I had an accident that HP responded to a while back. I was OCing when the officer arrived. He disarmed me and locked my unloaded gun in MY truck. Your experience seems kind of neutral to me. Generally speaking if you need to do business with a LEO they will disarm you. I don't particularly like it, but I needed the accident report like you did. The NCHP officer never mentioned an issue with OC. I did tell him I was waiting on my CCP while we talked during the incident. The CCP makes OC easier, particularly in a car. Some folks just don't like having to jump through the hoops, and that's their call.
Click to expand...


No, nothing against CHP instructors in general.  Except the one who told me I could carry my gun on a commercial flight so long as I was only traveling inside the state, because "My permit is good statewide."

Nevermind.  You do it your way and I'll keep doing it the way I have for 30 years.  Not meant to be legal advice.  I just said that after all the times I have been stopped at DUI checks, traffic violations, and the like if it was illegal, surely some cop or trooper would have done something about it.  Plus, having 4 cops in the family, one in Smithfield, one in Durham, one in Goldsboro, and another one in Kenly, they all say it is unconcealed if it is in a holster on a belt, carried normally. 

But again, this is not legal advice.  Do what you want.

http://opencarry.mywowbb.com/forum41/37190.html
Click to expand...



That's not the first dumb comment I have heard of coming from an instructor. Luckily the one I had was pretty sharp, even on OC.

I'm not diminishing your experience on OC. It's there, glad it's working for you. I just choose not to give the LEO that has a gripe with OC the leeway to make a judgement call that's not in my favor. At least that's how I approached it pre CCP. I had a local magistrate tell my mom they would charge me with GATTTOTP if I OC'ed in town. They are out there. Since then the Chief has done some training on OC to try to avoid the lawsuits that follow bad LEO encounters.

Your side is out there and so is mine and several others. The OP can make their own choice from it.
 
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nobama

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In my opinion, to cary a gun in the seat or on the dash is kind of "trashy" If I was LEO I would much rather come across someone with it on their hip, holstered. Dont get me wrong, I too have carried both ways, but if Im OC to stores and such,always holstered.
 
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mekender

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Sir I can't see that gun on your hip, in my opinion that's concealed.
Click to expand...

"Officer, the fact that you knew it was there indicates that it wasn't concealed."


I have never had a problem with a holstered pistol. Chances are, if you get charged while you have one on your hip in a OWB holster. The cop would have found a way to charge you if it were on the dash too.
 
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