Thread: open carry in car
I was wondering how you properly OC in a car in NC? Normally I would just have the gun in a holster on me not covered up but that way it can not really be seen from the driver's side window. I know, I know, somebody probably asked this before or it's been discussed somewhere already but I have been sifting thru all the posts and not found it so please humor me...
To oc loaded in a vehicle, you need a permit.
OCDO/maps/state of n carolina
it says, to OC in a car the gun must be clearly visible,i doesnt say, unloaded!
handgunlaw.us says alot more, but it dances around the lawfullness of OC in a car,
the main thrust is that the gun must not be concealed!
it also says that you should notify cops if you are stopped!
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As far as I understand, you can open carry in a car with the magazines loaded but separate from the gun. They have to be visible however. I had a friend say that you can open carry in a car but you can't have ammo accessible. In my research, I believe you can open carry and have ammo accessible, just not in the gun. Could someone clarify for me please?
Are you asking about CA law?
If so, you might want to repost this in the California sub-forum. Scan down the main index. The States are in alphabetical order.
In NC, loaded OC in a car is perfectly legal, as long as the firearm is in PLAIN VIEW.
What constitutes "plain view" is, unfortunately, NOT defined by statute, and is therefore left to the discretion of LEOs...
It is generally accepted that in a holster on your hip while in a car is NOT plain view, and constitutes "concealed carry". This is rationalized by LEOs by saying that when you are in the drivers seat, with a seatbelt on, an approaching officer on the driver's side cannot see your holstered firearm, and therefore it is "concealed".
If you put it on the passenger seat, or on your dashboard, that is "plain view", but you'll still want to notify the officer that you have a firearm in the vehicle. Don't do this by saying "I've got a gun!". Just calmly inform the officer when you hand him your DL and registration that you have a firearm in the vehicle. Depending on where you are, and what you look like, the response can be anything from a "oh, OK..." to getting dragged out of the car, proned on the ground, and having your firearm temporarily seized while they run the numbers "to see if it's stolen"...
Personally, I'd suggest just getting the permit. It makes traveling easier, gives you more flexibility in carry, lets you carry however you want in 38 other states, AND it makes it so you don't have to buy those silly "Handgun Purchase Permits" from your sheriff every tie you want to buy a new firearm from a dealer. And the legal training you;ll get in the class clears up a LOT of the questions we are constantly fielding on this forum about the weirdness and vagueness of NC law.
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The problem is that I can't get an NC CCW permit cause I am not (yet) a citizen. Hence I am planning to get a Utah permit.
Go to NC. Your mentors await...
In Colorado, your car is an extension of your home and you can open or conceal you handgun in your car.
Dreamer's post is spot on. The only thing I would add is that NC makes no distinction between loaded and unloaded in terms of handguns in cars. In other words, it's not ok to conceal it if it's unloaded (such as under the driver's seat, in the glove box, under a jacket, etc) without a cc permit. As previously mentioned, the best places are on the passenger seat in plain view or on the dashboard.
Also, if you decide to transport it in the trunk unloaded, the law is such that you could not be charged with CCW. So, it can get a little tricky but it's not hard to learn. They figure if it's locked away in your trunk, it's not in your immediate reach, therefore it presents no danger or intent to criminally conceal it.
For further information specifically designed for NC OC, come on in to the NC area of the board here. We'll toss a hog on the cooker and have a good time.