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Am I missing something here?

JC_Biggs

Regular Member
Joined
Feb 28, 2011
Messages
90
Location
Goldsboro, North Carolina, United States
i NEVER unholster my weapon, if im using the paddle i MIGHT take it off but that generally isnt the case. if im gonna go in somewhere i cant carry then i will make the weapon condition 2 and put it under the seat. I just tell the officer when i get pulled that im open carrying a loaded weapon and that its on my hip. if he ask why i didnt put it on the dash or the seat the answer is simple. i didnt have time to remove the magazine and the round from the chamber and a loaded weapon is much more safe in its holster on my hip than lying on a seat just waiting for something bad to happen. but i dont get pulled over and only had to use it once at a DL check (which i also think is unconstitional BS btw)

i also wouldnt have a problem with being detained because some loser leo with a grudge decided to charge me with CCW. honestly there needs to be a case precedent set for this anyways...lol
 
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smlawrence

Regular Member
Joined
Sep 12, 2010
Messages
261
Location
Colfax, NC
XDm in Truck.jpg

I un-holster mine everytime I get into my truck for 2 reasons:

1) It just isn't comfortable holstered with my seatbelt
2) Never know when a LEO's interpretation of "Concealed or not" won't go my way.

Here is a pic of how mine rides, it is secure and has never moved even when slamming on brakes or hitting a massive dip while riding through our pastures.
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
Dude, it's either visible or it aint. Sort of like being more pregnant.
I'm not a lawyer, but from my review of the AG's document, I don't see any sliding scale for measuring "how visible" it has to be.
Just like if you carry in a IWB holster Vs. an OWB holster. It's carried openly, regardless of the fact that 90% of the gun is not visible in an IWB holster.


Although I agree with you in principal on this issue, I can state as a matter of fact, that when I am wearing EITHER of my .45acp handguns (a full-size double-stack Para, or a subcompact Glock) and sitting in the driver's seat of my vehicle with the seatbelt on, it is completely and totally obscured from view, whether you are approaching from the drivers side or the passenger side, because of the configuration of my seatbelt, and the "wings" of my sporty bucket seats.

So I guess I can sort of see how an LEO could consider it "concealed", since unless I undo my seatbelt, and lean to the left a little, my firearm would be obscured from view.

Then again, I have a CHP, so I don't have to worry if they can see it or not...
 

PT111

Regular Member
Joined
Jul 31, 2007
Messages
2,243
Location
, South Carolina, USA
I hate to be a nit-picker, but if you live in NC, it is a CHP.

Concealed Handgun Permit...

I live in SC and have a CWP, Concealed Weapons Permit and travel to NC quite often. When I cross the border into Yankee land does mine remain a CWP or does it turn into a CHP? I have to go up there to visit the in-laws and now have a daughter temporarily living in Charlotte. :D
 

srandle704

New member
Joined
Mar 11, 2011
Messages
9
Location
Charlotte,NC
as many people have already said, it is considered "concealed" if it in on your right hip and your driving, especially if you have your seat belt on which will cover it even more. I know this for a fact cause the exact question is covered in most CHP training courses and all the instructors of the course will tell you that.
 

aosailor

Regular Member
Joined
Oct 10, 2009
Messages
228
Location
Hampton, AR
as many people have already said, it is considered "concealed" if it in on your right hip and your driving, especially if you have your seat belt on which will cover it even more. I know this for a fact cause the exact question is covered in most CHP training courses and all the instructors of the course will tell you that.

can you show me the law that states a driver with a gun on their right hip is considered to be concealing the gun when driving? none of the officers I've talked to about this, especially the ones I'm confronted with during stops or roadblocks, have ever brought up the issue as to weather or not I was concealing my gun.

as for CHP instructors, none of the ones that I took lessons from said this either, in fact, a few have said the exact opposite.

from what I have been taught/lead to believe, if you are OCing on your person, it cant be considered concealed by just sitting in a car (minus oc in the small of your back.)
 

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
as many people have already said, it is considered "concealed" if it in on your right hip and your driving, especially if you have your seat belt on which will cover it even more. I know this for a fact cause the exact question is covered in most CHP training courses and all the instructors of the course will tell you that.

I'd be very hesitant to take any legal advice from CHP instructors. Yes, I know that's the focal point of the course, and most of the information regarding when you can shoot is correct. (Hopefully that will change with the CD and restaurant/park carry up.)

However, they have been shown to vary and put too much of their own opinion or interpretation into it. The same holds true of police officers.
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
can you show me the law that states a driver with a gun on their right hip is considered to be concealing the gun when driving? none of the officers I've talked to about this, especially the ones I'm confronted with during stops or roadblocks, have ever brought up the issue as to weather or not I was concealing my gun.

There is no specific law or statute that defines this. It is left to officer discretion, which, IMO is actually MUCH worse than a law, because it's harder to change...

The NC Attorney General's "NC Firearms Laws" booklet states:

"Whether, in a given case, a weapon is concealed from the public, is a question of fact to be resolved by a jury."


That doesn't sound like it favors the Citizen in most cases...

Further on in the NCAG-NCFL booklet, it states:

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 of an occupant of the vehicle.
Again, this leaves a LOT to interpretation. What is "concealed"? Does it mean it can't be seen by an officer standing outside your car, looking in through the drivers side window? Does it mean it is covererd or intentionally obscured by clothing? Does it mean that if your seatbelt obscures it, it is "concealed"?

Unfortunately, the NC AG's opinion is that if there is any quesition as to whether or not a firearm is "concealed", interpretation in the field is up to officer's discretion, and will ultimately be sorted out by the courts...

Personally, I don't think wearing a gun on your hip in a normal OWB holster while sitting in the driver's seat should count as "concealed". But it HAS been interpreted that way, and probably will continue to be interpreted that way by SOME officers and SOME courts.

Roll your dice and take your chances, if you feel lucky...

Or just get a spare, cheap holster and attach it to the passenger side seatbelt for your gun.

Or just get a CHP, and it's not an issue anymore...
 
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