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

rotorhead

rotorhead

Regular Member
Joined
Sep 18, 2010
Messages
862
Location
FL
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!
 
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mattwestm

Guest
rotorhead said:
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!
Click to expand...

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.
 
elixin77

elixin77

Regular Member
Joined
Feb 20, 2010
Messages
591
Location
Greenville, NC, ,
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.
 
B

bwhunter65

Regular Member
Joined
Feb 13, 2010
Messages
110
Location
Cameron, North Carolina, USA
mattwestm said:
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.
Click to expand...

+1
 
M

mattwestm

Guest
elixin77 said:
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.
Click to expand...

Hmm, I'm guessing it showed up in the computer that you have a CHP...
 
S

Smith45acp

Regular Member
Joined
Oct 16, 2009
Messages
434
Location
NC
From: http://www.ncsheriffs.org/images/2007 NC Firearms Laws Pub.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)
Click to expand...

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.
 
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C

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
elixin77 said:
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.
Click to expand...

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.
 
Northerner

Northerner

Regular Member
Joined
Aug 20, 2010
Messages
320
Location
Clayton, NC
Smith45acp said:
Any way to see what changes were made in this revision?

I really don't want to read this thing again looking for them
Click to expand...

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.
 
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