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Thread: OC'ing with a Concealed Weapon Permit

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    Regular Member smlawrence's Avatar
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    OC'ing with a Concealed Weapon Permit

    My wife and her Dad are under the impression that they can't carry openly since the have their CWP. Can someone point me to something that I can show them otherwise?
    "God, Guns, & Guts Made America, Lets Use All 3!!!"

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    smlawrence:

    North Carolina is a Common Law Jurisdiction.
    In other words..., '... that which is NOT Prohibited is Allowed.'

    North Carolina ONLY Bars Carrying a Concealed Weapon, per NC GS 14-269.

    In North Carolina..., getting a Valid North Carolina Concealed Weapons Permit ONLY Authorizes an additional option for Carry, via., Concealed Carry.

    One needs no Permit to Openly Carry a Firearm, or any other Weapon, in North Carolina, so as long as the Firearm or Weapon is Possessed by a Law-abiding Person and that the Person is not in a Prohibited Area.

    Article 35, of Chapter 14, spells out those Prohibitions.

    North Carolina General Statute 14-409.40 enacts Preemption of Firearm-related matters, whereby; such Preemption Precludes the Enforcement of any Open Carry Bans, not in conformity to General Statutes enumerated under Article 35 of Chapter 14, or where otherwise Prohibited by Law.

    aadvark

    P.S.: By way of a North Carolina CCW, one opens Himself to a entirely new set of Regualtions under Artilce 54B, of Chapter 14.
    Last edited by aadvark; 10-15-2010 at 12:50 PM.

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    Regular Member smlawrence's Avatar
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    They both say thank you for the information. They were both going off of what their instructor told them 15 years ago...lol.
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    Regular Member rotorhead's Avatar
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    Aard is right, having the CCWP authorizes one to carry concealed within the limitations prescribed, but it doesn't mean you have to carry concealed once you have it. Basically it just opens up the choice.

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    Quote Originally Posted by smlawrence View Post
    They both say thank you for the information. They were both going off of what their instructor told them 15 years ago...lol.
    It seems that several of the instructors have done this. Neither of the instructors I have sat through tried to pull that one though. FWIW, I OC when I want to and have a CCP.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by smlawrence View Post
    They both say thank you for the information. They were both going off of what their instructor told them 15 years ago...lol.

    I think that ANY instructor that tells his class this myth should be reported to the "North
    Carolina Criminal Justice Education and Training Standards Commission" for improperly representing the Law of NC.

    Once a few instructors have formal complaints lodged against them and receive sanctions or reprimands, perhaps the NCCJE&TSC will do something to ensure they stop spewing this anti-OC crapola...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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    being nit picky

    In this thread, I have heard the permit called by several sets of initials. Folks, in NC it is a CHP (concealed handgun permit).

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by p85 View Post
    In this thread, I have heard the permit called by several sets of initials. Folks, in NC it is a CHP (concealed handgun permit).

    Bravo, sir, for pointing this out. It appears that I'm FINALLY getting through to the populace with this point...

    North Carolina issues Concealed Handgun Permits. It does NOT allow you to carry any OTHER type of weapon (knives, batons, etc) concealed--it ONLY applies to lawfully-owned handguns...

    http://www.usacarry.com/north_caroli...formation.html


    I'm usually the one to bring this up--you beat me to the punch! Thanks, "p85" for pointing this out to everyone...
    Last edited by Dreamer; 10-15-2010 at 06:56 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    To the OP...

    IF one is REQUIRED to conceal after receiving a CHP that ALLOWS concealment then Why can we choose to Walk, Run, ride a Bike or horse AFTER WE HAVE BEEN ISSUED A DRIVER'S LICENSE?

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    Regular Member rotorhead's Avatar
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    Quote Originally Posted by p85 View Post
    In this thread, I have heard the permit called by several sets of initials. Folks, in NC it is a CHP (concealed handgun permit).
    Ooops, you are correct- my reference was in general terms. I stand (well, sit actually....it is Sunday after all...) corrected

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    Talking not to fret

    I think everyone recognizes the various terms used. It is just that various states have different rules on what their form of concealed carry allows. Semantics, its a word thing.

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    I know that this opens up all kinds of jokes but in SC we get a CWP, Concealed Weapons Permit and in SC a concealed weapon is defined as a handgun with an overall length of less than 12 inches. But right off hand I can't think of any other weapons that are prohibited so with a CWP you can carry almost any kind of weapon concealed. As for long guns in SC the only laws about carrying them that I can find is while hunting or fishing in certain areas. I haven't tried it but I haven't actually found any law prohibiting me from OC'ing a shotgun in Wal mart.

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    Quote Originally Posted by Dreamer View Post
    Bravo, sir, for pointing this out. It appears that I'm FINALLY getting through to the populace with this point...

    North Carolina issues Concealed Handgun Permits. It does NOT allow you to carry any OTHER type of weapon (knives, batons, etc) concealed--it ONLY applies to lawfully-owned handguns...

    http://www.usacarry.com/north_caroli...formation.html


    I'm usually the one to bring this up--you beat me to the punch! Thanks, "p85" for pointing this out to everyone...
    One follow up question would be then, if is CHP is only for "handguns" then are we all breaking the law when we have a rifle in the back seat of our vehicles within reach with a blanket over it? According to the AG that is a concealed weapon, but the CHP wouldn't cover that? I think the CHP does cover that, but then why do they call it a "handgun" permit?

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    Regular Member rotorhead's Avatar
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    The NC CHP does not cover rifles or any other weapon one would like to conceal, only handguns. It doesn't give permission or allowance to conceal any other weapon such as a rifle, knife, "blackjack", or anything else as far as I know.

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    Quote Originally Posted by rotorhead View Post
    The NC CHP does not cover rifles or any other weapon one would like to conceal, only handguns. It doesn't give permission or allowance to conceal any other weapon such as a rifle, knife, "blackjack", or anything else as far as I know.
    So anyone who has any rifle within reach that is not in the open is in violation of the law no matter what. That sucks. Once again why concealed weapons should be legal without permits. That is BS

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    carrying rifle in car

    there is nothing illegal about having the rifle in the vehicle, covered or not, provided it is not loaded. A loaded long gun in the vehicle is illegal.

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by p85 View Post
    there is nothing illegal about having the rifle in the vehicle, covered or not, provided it is not loaded. A loaded long gun in the vehicle is illegal.
    Please cite-on both points.

    First, that it is not illegal to conceal an unloaded rifle.

    Second, that it is not legal to carry a long gun in the open in the vehicle.

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    Regular Member rotorhead's Avatar
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    Quote Originally Posted by farkles View Post
    So anyone who has any rifle within reach that is not in the open is in violation of the law no matter what. That sucks. Once again why concealed weapons should be legal without permits. That is BS
    This is something I am not sure of, and would have to look it up to give you a more solid answer. The answer I gave in my last post concerned only handguns and was based on a statement contained in a CHP packet given to me by the Cumberland Co Sheriff's Dept which they give out as a guide for people looking into getting the CHP.

    The flyer is a condensed guide they hand out for familiarization and to answer some FAQs, but is not, of course, all of the laws and codes verbatim.

    But I do agree with you, some of these ridiculous rules need to be changed or at least modified so they are less confusing.

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    Quote Originally Posted by rotorhead View Post
    The NC CHP does not cover rifles or any other weapon one would like to conceal, only handguns. It doesn't give permission or allowance to conceal any other weapon such as a rifle, knife, "blackjack", or anything else as far as I know.
    CHP is also singular and the opinion is only one handgun can be concealed. AFAIK noone has been charged so there is no case law to get a clear definition of how many you can conceal.

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    Regular Member rotorhead's Avatar
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    Quote Originally Posted by cricketdad View Post
    CHP is also singular and the opinion is only one handgun can be concealed. AFAIK noone has been charged so there is no case law to get a clear definition of how many you can conceal.
    Hmm I hadn't really thought of that issue to be honest. Just never occurred to me, but a great point.
    Last edited by rotorhead; 10-19-2010 at 05:29 AM.

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    Cool mistaking NY for NC

    Quote Originally Posted by sultan62 View Post
    Please cite-on both points.

    First, that it is not illegal to conceal an unloaded rifle.

    Second, that it is not legal to carry a long gun in the open in the vehicle.
    After careful review of NC statutes, I find myself in error. you may not conceal the long gun in the vehicle. No references to loaded or unloaded.
    however nuclear weapons are another matter.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by cricketdad View Post
    CHP is also singular and the opinion is only one handgun can be concealed. AFAIK noone has been charged so there is no case law to get a clear definition of how many you can conceal.
    Please cite!

    There is NO quantity restriction in the NC CHP statute. And since our permits in VA are not firearm-specific (tied to a serial number, like in some states such as NY or the way VA was before they went Shall Issue), I can't see how anyone could justify saying a CHP limits one to carrying a single concealed handgun. I know many people who carry a BUG when CCing, and my CC instructor said carrying a main gun and a BUG (both concealed) was legal, and he is a retired Deputy Sheriff...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Regular Member elixin77's Avatar
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    I know a couple people who conceal their primary, and have a secondary concealed as well.

    Some on these forums OC with their primary, and conceal with a BUG (not the annoying kind mind you).

    If I was financially able to, I wouldn't mind having a small BUG, for those 'just in case' days.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

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    Regular Member smlawrence's Avatar
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    I don't agree with what follows but thought I would post it. Since the letters seem to be so important, I see two letters that I have been told technically answer the question about "How Many" can be carried. Containing the letter A and missing the letter S with the CHP.

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

    (a) 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.
    "God, Guns, & Guts Made America, Lets Use All 3!!!"

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    Quote Originally Posted by smlawrence View Post
    I don't agree with what follows but thought I would post it. Since the letters seem to be so important, I see two letters that I have been told technically answer the question about "How Many" can be carried. Containing the letter A and missing the letter S with the CHP.

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

    (a) 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.
    Hmmmm...interesting. AND I still would love to see any cases dealing with concealed rifle being in vehicle not being covered under any permit, therefore illegal.

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