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Thread: Doing Homework

  1. #1
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    Doing Homework

    Hey Guys, been doing alot of homework, reading on the forums. I am trying to find some of the info for North Carolina; downloadable doc's and such for OC and CC. Could someone list a few links that I can use. Also I have read about pamplets that we have here on our forum to download to use to help educate people when we OC and other's ask but I can't find them either. All help is always appreciated. Thanks

  2. #2
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    Good general purpose gun law site. Still mostly CC though.

    http://www.handgunlaw.us/

    NC General Statutes link. Most gun laws are in the 14 - Criminal law section.

    http://www.ncga.state.nc.us/gascript...s/statutes.asp


    NC OC flyer

    https://docs.google.com/fileview?id=...fjnl_dbj&hl=en

  3. #3
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    there is no laws against OC...so nothing is "in print"
    Read more here and then you can "shoot from the hip" when questioned or asked about carrying a firearm.. Remember if a LEO says "I could arrest you for that"... Say...then do it....

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    Thanks

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    Regular Member sFe's Avatar
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    From NC State Troopers website:
    http://www.nccrimecontrol.org/Index2...,000935,000941
    Handguns in Vehicles

    It is unlawful to carry a concealed handgun in a vehicle unless the person has a North Carolina concealed carry permit. A person who is not a convicted felon may carry a handgun if not concealed. A handgun is concealed in a vehicle if it cannot be readily seen by a person approaching and if it is readily accessible. A handgun under the front seat or in an unlocked glove box or console is illegal. A handgun openly displayed or in a locked glove box, locked console, or in the trunk is lawful
    http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

    http://www.ncdoj.com/About-DOJ/Law-E...ciprocity.aspx
    For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring. Carl Sagan

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  6. #6
    Regular Member Sc0tt's Avatar
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    Quote Originally Posted by muccione View Post
    Remember if a LEO says "I could arrest you for that"... Say...then do it....


    This is a horrible idea all the way around and a great way to waste a lot of money defending your civil liberty's, just because you wanted to mouth off to a cop.

    If a cop says that he can arrest you for OC, (First off remember hes allowed to lie to you to get you to incriminate yourself) then ask him under what statute he plans to charge you because your not aware of any such law in NC that allows a LEO to arrest somone for simply peacfully carring a loaded holstered handgun (in plain sight of course)?
    Study the material and Show the LEO you know the laws and your rights and he will think twice before he tries to mess with you. Always remember the one line that will save you in any terry stop. "OFFICER AM I BEING DETAINED OR AM I FREE TO GO"
    Last edited by Sc0tt; 01-04-2011 at 09:46 PM.
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    --SCOTT

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    "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

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    Quote Originally Posted by Sc0tt View Post


    This is a horrible idea all the way around and a great way to waste a lot of money defending your civil liberty's, just because you wanted to mouth off to a cop.

    If a cop says that he can arrest you for OC, (First off remember hes allowed to lie to you to get you to incriminate yourself) then ask him under what statute he plans to charge you because your not aware of any such law in NC that allows a LEO to arrest somone for simply peacfully carring a loaded holstered handgun (in plain sight of course)?
    Study the material and Show the LEO you know the laws and your rights and he will think twice before he tries to mess with you. Always remember the one line that will save you in any terry stop. "OFFICER AM I BEING DETAINED OR AM I FREE TO GO"
    I don't have to prove I know my stuff... HE must prove I did something wrong....
    I am innocent till proven guilty... "A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove his or her innocence"

    I dont talk enough to cops to incriminate myself..

    I know when, where, and how to carry...Open and concealed... Therefor any threat of arrest is nothing more than a attempt of intimidation... You call it mouthing off to a civil employee... I NOT a sheep to be scared by a LEO threat...

    And if you want to ask this question OFFICER AM I BEING DETAINED OR AM I FREE TO GO.... Change it to WHY am I being detained... If he stopped you than you ARE being detained....

  8. #8
    Regular Member Sc0tt's Avatar
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    My only point is I dont see it as the best idea or an overall good message to be sending to the new menbers of this site of "daring" a cop to arrest you.
    I get it "you is no sheep" congratulations, But I think the original poster of this thread was look for something more helpful the your advice to tell the cop to "do it, I dare you"

    I stand by my saying that, it is a horrible way to handle a police encounter. It is better to educate then to infuriate someone. Besides I think someone who is open to the idea of OC may get turned off when they see another OC'r Getting football tackled to the ground and disarmed because he knew his rights just not how to properly exercise them.

    Anyone else care to chime in on this?
    -----------------
    --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

  9. #9
    Regular Member elixin77's Avatar
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    Stand your ground, cite regulation, and demand to speak to a superior. If he's going to chew up your time, then chew up his.

    I would highly advise not to dare the cop to arrest you, as that can make it very nasty for everyone involved, even though you could possibly see a court ruling in your favor in the end. It won't be a well earned one though...

    Always have the recorder going whenever a cop even so much as approaches you - we live in a single party consent state.
    Don't say anything if you don't have to.
    "Am I being detained?" "am I free to go?" are the 2 questions you should immediately ask - if they are 'No" then immediately walk away.
    Remember that if you are not driving, you do not have to show any form of ID - you just have to inform them of your name if they ask (and I believe your address) - we do not live in a "stop and identify" state.

    Most importantly, ALWAYS keep a level head. Never get angry at the cop - he's just trying (albeit horribly) to do his job. Educate if you can - it worked for me, and I even got an apology out of the detectives involved.
    Last edited by elixin77; 01-06-2011 at 11:53 AM.
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    Thanks for all the info guys. I see everyone has there own opinion of what should and should not be done. This gives me many options as to what I can do depending on what and how an officer or guard might approch me. I'm one of those big guys that never wants to hurt anyone. I will always walk away if its an option. So everything everyone has said so far has been very helpful and I will contiune to learn from you all.

    On another note; while typing this I just got a call from the County Office saying my permit to purchase for my new handgun is ready to pick up and I start my CC classes tonight.

    Isn't live wonderful!!

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    Quote Originally Posted by sFe View Post
    This is from the the NCDOJ notice it says in last sentance doesnt matter if glove box is locked pg 19
    http://www.ncdoj.com/getdoc/32344299...-gun-Laws.aspx
    D. Transporting Weapons
    Given this general prohibition of carrying concealed weapons, individuals must be
    ever vigilant to ensure their particular situation cannot be construed as concealing a
    weapon, either on or about them, without being properly authorized to do so with a valid
    North Carolina, or recognized out-of-state concealed handgun permit. Therefore, the
    permittee's accessibility to the weapon is of prime importance. It is for these reasons,
    that when transporting a weapon in a vehicle, even greater care must be exercised to
    ensure that the weapon is not concealed, and within the ready access to an occupant of
    the vehicle. North Carolina law does not specifically address how to transport a weapon
    in an automobile. Therefore, the central question becomes: when is the weapon
    concealed and readily accessible to an occupant of an automobile? 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
    20
    of an occupant of the vehicle. It is our recommendation that firearms should not be
    carried in a glove compartment regardless of whether the compartment is locked or not.

  12. #12
    Regular Member sFe's Avatar
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    Quote Originally Posted by bwhunter65 View Post
    This is from the the NCDOJ notice it says in last sentance doesnt matter if glove box is locked pg 19
    That is merely a suggestion, not law. I believe they mainly recommend this because people store their insurance and registration in it.
    Last edited by sFe; 01-06-2011 at 06:57 PM.
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  13. #13
    Regular Member elixin77's Avatar
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    Quote Originally Posted by sFe View Post
    That is merely a suggestion, not law. I believe they mainly recommend this because people store their insurance and registration in it.
    yeah, so when the glove box gets opened, the officer sees the gun (which the occupant more than likely didn't tell the officer about), and he gets arrested for illegally concealing a firearm.

    I never ever trust any legal definition, interpretation, anything, from any LEO at all - I had to educate a friend about OC because they teach future LEO's that Gattotp is an actual law, but don't even tell them what the conditions are. He was surprised that I knew what they were without even looking at his book.
    Last edited by elixin77; 01-06-2011 at 08:28 PM.
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    Quote Originally Posted by sFe View Post
    That is merely a suggestion, not law. I believe they mainly recommend this because people store their insurance and registration in it.
    well since the law is not defined on how to carry a weapon in NC an LEO in a bad mood could arrest you. Better yet if he doesn't like your attitude its all the reason he needs. Why chance it the attorney general recommends dont do it I wont. Why trust a cop I dont know.

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    Just get a CHP and never worry about it.... I have it but still carry open 99% of the time

  16. #16
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    First OC

    I know it doesn't seem like much but I OC in my yard yesterday shoveling snow. Felt a little wierd at first, the last time I carried any handgun was back in the 70's while in the infantry. It felt good! Still a little timid about carrying out and about. Plus how do you transport without CCP?
    Oh, I carried my new Springfield Armory XD 9mm in a Blackhawk holster, my wife told me it looked like it belonged on me. Made me feel good.

    I took and passed my CC class last week, now I'm going to apply for my CC permit.

    Anyone know how long it usually takes for the paperwork to go through for the CCP?

  17. #17
    mattwestm
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    Quote Originally Posted by Mark McGuire View Post
    I know it doesn't seem like much but I OC in my yard yesterday shoveling snow. Felt a little wierd at first, the last time I carried any handgun was back in the 70's while in the infantry. It felt good! Still a little timid about carrying out and about. Plus how do you transport without CCP?
    Oh, I carried my new Springfield Armory XD 9mm in a Blackhawk holster, my wife told me it looked like it belonged on me. Made me feel good.

    I took and passed my CC class last week, now I'm going to apply for my CC permit.

    Anyone know how long it usually takes for the paperwork to go through for the CCP?
    I hope you like the XD. I sure love mine. I might have to buy another one soon! I was really nervous when I first started OCing, but after a few trips to the store, I am perfectly used to it. I still don't have the balls yet to go in the bank.

    It really depends on the county for waiting time for the CHP, but they MUST give it/deny it before 90 days. A friend in Wake county got his in a little over 30 days.

  18. #18
    Regular Member sultan62's Avatar
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    How long it takes to get your CHP depends on where in NC you live, but it must be issued/denied within 90 days.

    As far as driving while carrying, make sure it is clearly visible if you get pulled. Other than that, it really doesn't matter.
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