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Thread: Question concerning the carrying of one's CHP while not actually carrying a weapon...

  1. #1
    Regular Member rotorhead's Avatar
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    Question concerning the carrying of one's CHP while not actually carrying a weapon...

    My friend and I were talking today at work about CHPs and two issues came up that we disagreed on. Maybe some of you can help as I can't find the answers specifically in the State General Statutes.

    1. Does a person with a CHP have to carry their permit on their person even when not carrying a gun?

    2. Does a person have to disclose to an officer that they have a CHP even if they are not carrying a gun at the time?

    My position was that a person did not need to carry their CHP when not carrying nor disclose when approached or addressed by an officer that they had a CHP if they were not carrying at the time. My reasoning was that the permit was needed while carrying concealed but if you did not have a gun in your possession at the time, there was no legal need to carry your permit much like there is no requirement to carry your driver's license if you are not driving.

    I could be wrong, of course, but I simply could not find the General Statutes to either back up my position, nor a statute to prove me wrong.

    Opinions are certainly welcome, but I'd appreciate someone pointing to a definite statute that clears it up either way.

    Thanks!
    Last edited by rotorhead; 01-21-2011 at 10:39 PM.

  2. #2
    mattwestm
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    Quote Originally Posted by rotorhead View Post
    My friend and I were talking today at work about CHPs and two issues came up that we disagreed on. Maybe some of you can help as I can't find the answers specifically in the State General Statutes.

    1. Does a person with a CHP have to carry their permit on their person even when not carrying a gun?

    2. Does a person have to disclose to an officer that they have a CHP even if they are not carrying a gun at the time?

    My position was that a person did not need to carry their CHP when not carrying nor disclose when approached or addressed by an officer that they had a CHP if they were not carrying at the time. My reasoning was that the permit was needed while carrying concealed but if you did not have a gun in your possession at the time, there was no legal need to carry your permit much like there is no requirement to carry your driver's license if you are not driving.

    I could be wrong, of course, but I simply could not find the General Statutes to either back up my position, nor a statute to prove me wrong.

    Opinions are certainly welcome, but I'd appreciate someone pointing to a definite statute that clears it up either way.

    Thanks!
    Yeah, I think you are right. I doubt you will find the statutes. They only say that you have to inform the officer and present him your CHP if you are carrying concealed. If I have my handgun clearly out in the open in my car, I don't even have to notify him then (although it might be courteous to do so). You shouldn't be required to carry your CHP, unless you are carrying, so it's pretty much like a drivers license.

  3. #3
    Regular Member elixin77's Avatar
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    No to both. I carry my chp with me all the time, even when I don't have my sidearm with me. Nothing illegal about that.

    Also, the only time you have to inform the Leo that you have a concealed firearm is if you are carrying concealed. If you don't have a gun on you, then it creates a moot point. I got pulled over for an expired registration early January, and didn't inform the officer that I have a chp because i wasn't carrying. When the officer asked if i had a chp, i told him i did, but told him that i didn't inform him because i wasn't armed. He said fair enough, have a nice day.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

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    Quote Originally Posted by mattwestm View Post
    Yeah, I think you are right. I doubt you will find the statutes. They only say that you have to inform the officer and present him your CHP if you are carrying concealed. If I have my handgun clearly out in the open in my car, I don't even have to notify him then (although it might be courteous to do so). You shouldn't be required to carry your CHP, unless you are carrying, so it's pretty much like a drivers license.
    +1

  5. #5
    mattwestm
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    Quote Originally Posted by elixin77 View Post
    No to both. I carry my chp with me all the time, even when I don't have my sidearm with me. Nothing illegal about that.

    Also, the only time you have to inform the Leo that you have a concealed firearm is if you are carrying concealed. If you don't have a gun on you, then it creates a moot point. I got pulled over for an expired registration early January, and didn't inform the officer that I have a chp because i wasn't carrying. When the officer asked if i had a chp, i told him i did, but told him that i didn't inform him because i wasn't armed. He said fair enough, have a nice day.
    Hmm, I'm guessing it showed up in the computer that you have a CHP...

  6. #6
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    Quote Originally Posted by mattwestm View Post
    Hmm, I'm guessing it showed up in the computer that you have a CHP...
    After they run the tag they run the owners name. The fact you have a permit shows up on your driver's license.

  7. #7
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    From: http://www.ncsheriffs.org/images/200...Laws%20Pub.pdf

    Any individual who has applied for and has been issued a concealed handgun permit
    must follow certain regulations concerning its use. Not only must the individual carry the
    permit along with proper identification whenever the handgun is being carried concealed,
    but he/she must also inform any law enforcement officer who approaches him/her that
    he/she is in possession of a permit and a concealed handgun
    . N.C. Gen. Stat. 14-
    415.11(a) Failure to do so is a first offense infraction and subjects the permittee to
    payment of a fine of up to $100.00. However, in lieu of paying a fine for the first offense,
    the individual may choose to surrender his or her permit. Any subsequent offense shall be
    punishable as a Class 2 Misdemeanor. Any individual who violates any other standards for
    the carrying of a concealed handgun with a permit is guilty of a Class 2 Misdemeanor. Any
    person who has not been issued a valid permit but carries a concealed handgun, is guilty of
    committing a Class 2 Misdemeanor for the first offense, and any subsequent offenses are
    Class I Felonies. N.C. Gen. Stat. 14-415.21(a-b)
    Of course this is just the law. I've had an actual chief of police tell me that while I was OC'ing, I was required to show my CHP and ID to any officer who approached me. Of course he was wrong but I still had to deal with quite a bit of grief over it.
    Last edited by Smith45acp; 01-22-2011 at 04:57 PM.
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    Regular Member Northerner's Avatar
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    Quote Originally Posted by Smith45acp View Post

    Newer version - Revised Janaury 2010

    2007-NC-Firearms-gun-Laws 2010 Rev..pdf
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    Thomas Jefferson

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    Quote Originally Posted by elixin77 View Post
    No to both. I carry my chp with me all the time, even when I don't have my sidearm with me. Nothing illegal about that.

    Also, the only time you have to inform the Leo that you have a concealed firearm is if you are carrying concealed. If you don't have a gun on you, then it creates a moot point. I got pulled over for an expired registration early January, and didn't inform the officer that I have a chp because i wasn't carrying. When the officer asked if i had a chp, i told him i did, but told him that i didn't inform him because i wasn't armed. He said fair enough, have a nice day.
    I usually just hand them both. I'm rarely not armed. But I figure with a little legwork they will find out and I'll just get it out of the way up front. Abundance of caution. But no, you don't have to tell them if you are not armed.

  10. #10
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    Quote Originally Posted by Northerner View Post
    Newer version - Revised Janaury 2010

    2007-NC-Firearms-gun-Laws 2010 Rev..pdf
    Any way to see what changes were made in this revision?

    I really don't want to read this thing again looking for them
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

  11. #11
    Regular Member Northerner's Avatar
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    Quote Originally Posted by Smith45acp View Post
    Any way to see what changes were made in this revision?

    I really don't want to read this thing again looking for them
    Honetly, I have not put them side-by-side yet. When it came out some one else mentioned they going to compare, but never saw a post. I'll see what I can find and post.


    Update... about 1/2 way through. There are a few changes to note. Hope to finish it tomorrow night.
    Last edited by Northerner; 01-23-2011 at 10:35 PM.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    Thomas Jefferson

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