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Thread: Couple Questions...

  1. #1
    Regular Member Sc0tt's Avatar
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    Question Couple Questions...

    First: Everyone here is a fan of voice recorders and I even have one, but in the state of NC do you have to have the consent of both parties or do they have to be informed they are being recorded, what are the laws around this issue?

    Secound: Durring a traffic stop, or any Terry stop can the officer (legally) take my weapon "for his safety" or to "check it"?

    Third: Durring a traffic or terry stop is there a law that requires me to inform the officer I am armed (assuming I am not CC)

    I think thats it
    -----------------
    --SCOTT

    Si Vis Pacem Para Bellum

    "A government that is big enough to give you everything you need is beg enough to take everything you have, the course of history shows that as government incresses - liberty decreases."


    LEGAL NOTICE: I am not a lawyer, no content in the above post should considered legal advice

  2. #2
    Regular Member elixin77's Avatar
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    Quote Originally Posted by Sc0tt View Post
    First: Everyone here is a fan of voice recorders and I even have one, but in the state of NC do you have to have the consent of both parties or do they have to be informed they are being recorded, what are the laws around this issue?
    We are a single party consent state, meaning that if *you* hit the record button, then the requirement is fulfilled. If someone else hits the record button, the requirement is filled. Only one person has to consent. The room can be full of 08213807325807342108342 people, but as long as 1 person consents to a recording, then it is lawful.

    Secound: Durring a traffic stop, or any Terry stop can the officer (legally) take my weapon "for his safety" or to "check it"?
    Technically no. If someone can elaborate for me, as my brain is dead right now.

    Third: Durring a traffic or terry stop is there a law that requires me to inform the officer I am armed (assuming I am not CC)

    I think thats it
    If you are open carrying, and the gun is in plain view, then you are NOT required to inform, as the gun is in plain sight. If it is holstered, and you are wearing a seat belt, some LEOs will take this as CC, and charge you with failure to inform.
    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

  3. #3
    bgreene89
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    Answers

    First: Everyone here is a fan of voice recorders and I even have one, but in the state of NC do you have to have the consent of both parties or do they have to be informed they are being recorded, what are the laws around this issue?

    A: I'm not sure about this one
    A: Check with an insurance agency they use them all the time on people and car claims.

    Secound: Durring a traffic stop, or any Terry stop can the officer (legally) take my weapon "for his safety" or to "check it"?

    A: Yes, if the officer pats you down and you have not told him or her you are in the possession of a handgun. Or if you are OCing for the officers safety only!

    A: Also you have to remember the chances of him patting you down if you are Concealed Carrying are slim to none if you DON'T tell him, unless you are doing something illegal or under the influence, however that could cause tremendous outcome either way. So do not recommend it, just simply tell the officer I am in possession of a loaded/unloaded handgun and where it is.

    A: Also remember the officer does NOT have to have your consent to do a terry frisk on you!
    Just consent to search you!

    Third: Durring a traffic or terry stop is there a law that requires me to inform the officer I am armed (assuming I am not CC)

    A: I don't think so, but its polite, and him or she may let you go off the hook easier if you are breaking the law.

    I think thats it[/QUOTE]
    Last edited by bgreene89; 12-19-2010 at 12:30 PM.

  4. #4
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    #1, it's been covered. NC is a one party consent state. More info here.

    http://www.callcorder.com/phone-reco...aw-america.htm

    #2. This is my personal choice in how to handle this. If I get caught in a random checkpoint of some type, or have to deal with a LEO but have not broken the law, I will try to "not consent" verbally to having my property seized. If I have broken a law, speeding, et all, then you are being detained for the duration of the interaction. It's gets tricky. This is where the officer safety issues start to have more weight. I would likely just ride it out and consent. Depending on how it goes I may follow up with a complaint if I am unhappy with how it was handled. I've been disarmed once during a wreck investigation. NCSHP officer disarmed me, unloaded it, and placed it in my locked vehicle. No search, no questions, no hassle. I called them, I needed the report, I did not make a big deal about it. We talked guns for a while afterwards. I did not have a CCP at the time.

    #3 For OC the AG recommends that you inform. That's the only mention of it with OC. It's in the NC Firearms guide that the AG puts out. That does not make it law, just a recommendation. Take that FWIW.

  5. #5
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    If I am OC'ing and get pulled over I will inform. Only because I wear it on my right side and when he approaches he cannot see it. I just don't want him freaking out when I reach for my wallet and he gets a glimpse of a pistol butt sticking up. Usually he just thanks me for letting him know.
    Last edited by NCjones; 01-21-2011 at 03:17 PM.

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