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Thread: Hello! A few questions

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    Hello! A few questions

    Hello everyone, North Carolina native here. My wife and I bought our first house this year, and I also decided that was the time to own my first weapon. I had exposure to weapons growing up, but have never owned one before. I now have a Heckler and Koch P2000 9mm in a biometric safe at home. I very much enjoy going to the range with friends, and I am getting better and better every time.

    I have been becoming curious about the concealed weapons permit, and the laws surrounding open carry. I am a fisherman, and I often fish alone on the shore on in my kayak. I am primarily wondering about open carry laws in such situations. I read about it being illegal to possess a loaded weapon at some boat launches, but does that mean I can just have the magazine in my pocket and the weapon in my holster? When does the law take effect where it will be legal to have a weapon on state parks such as Jordan Lake? If I was approached on the water by someone in a boat, its not like I can out-paddle them.

    Regarding transportation. I have a standard cab pickup. I dont like the idea of the pistol simply sitting in the seat next to me. If I buy a lock for my pistol case, is that sufficient for legal transportation? I feel like I read some accounts of individuals driving with it on your hip, and then informing an officer in the case of a stop that you are open carrying. Whats the best option?

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    Regular Member REDFIVE48's Avatar
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    Welcome to the club and the boards!

    I read about it being illegal to possess a loaded weapon at some boat launches, but does that mean I can just have the magazine in my pocket and the weapon in my holster?
    This is how I comply with the NC Wildlife Regulation when I am launching my boat. Make sure bullet out of the chamber also (assuming you are carrying with 1 in the pipe)

    When does the law take effect where it will be legal to have a weapon on state parks such as Jordan Lake?
    Not sure as to the regulations of Jordan Lake, but the law restoring the legality of weapons to state and local parks takes affect Dec 1, 2011. See http://forum.opencarry.org/forums/sh...0-Means-To-You!
    Section 21(b)

    If I buy a lock for my pistol case, is that sufficient for legal transportation?
    I do not think this will suffice and since it is still accessible to you in the vehicle would be considered concealed carry and illegal until you get your concealed handgun permit.

    I feel like I read some accounts of individuals driving with it on your hip, and then informing an officer in the case of a stop that you are open carrying. Whats the best option?
    On your hip, on the dash, on the seat, or anyplace not concealed is your best option until you get a CHP.


    Regards

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    Thanks for the info and for the link. Did any Democrats support the bill? In most cases I find myself on the Democrats side in political discussions, but when it comes to gun control I almost always side with the Republicans, especially now that I have a home to defend!

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    If you are going to carry in a holster while fishing, then I suggest having it in the holster while driving.

    Before I got my CHP, I kept mine in a holster and planned to remove the pistol and put it on the passenger seat if I was stopped. Never got stopped before I got my CHP.

    If I am CC, I switch to OC in the vehicle (for accessibility). If I have the gun in my holster, I do not remove it now that I have CHP. I have been through 2 traffic stops (both license checks) with a holstered pistol, and both went smoothly. Don't know if they would have been the same with no CHP????

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by jprime84 View Post
    Thanks for the info and for the link. Did any Democrats support the bill? In most cases I find myself on the Democrats side in political discussions, but when it comes to gun control I almost always side with the Republicans, especially now that I have a home to defend!
    Welcome to OCDO, and it looks like someone else already answered most of your questions, so I won't belabor those points...

    However, I regret to inform you that the "two party system" as you know it, is a myth. There are no "Republicans" or "Democrats". They are all on the same team, just wearing slightly different jerseys...

    There ARE two parties in US politics, though they are not the ones you've been told about--the Party that wants to screw you at every available opportunity and steal your money for themselves (otherwise known as "Republicans and Democrats") and the "Party that just wants to live in peace, raise our families, worship as we see fit, own some firearms, and have a little left in our wallets at the end of the month to have a cookout with the neighbors"...

    I assume you belong to the SECOND party, or else you wouldn't be here.

    Welcome, and "carry on"...

    And be careful in the kayak.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    This may not help you right now. But the NCWRC is going to address allowing CC on certain gamelands and boat launches outside of regular hunting seasons during their public hearings this fall. I'm going to write a letter asking why OC is not being addressed. Basically they are elevating CC above our right to OC. I'll also try to attend one of the public meetings to express that same concern. When I have times, dates, and the web address for public comments I'll post them here. So there is hope for some change in this area.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by chiefjason View Post
    This may not help you right now. But the NCWRC is going to address allowing CC on certain gamelands and boat launches outside of regular hunting seasons during their public hearings this fall. I'm going to write a letter asking why OC is not being addressed. Basically they are elevating CC above our right to OC. I'll also try to attend one of the public meetings to express that same concern. When I have times, dates, and the web address for public comments I'll post them here. So there is hope for some change in this area.

    I would be very interested in attending those hearings and testifying. Please keep us posted on the schedule..
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Quote Originally Posted by ocgso View Post
    If you are going to carry in a holster while fishing, then I suggest having it in the holster while driving.

    Before I got my CHP, I kept mine in a holster and planned to remove the pistol and put it on the passenger seat if I was stopped. Never got stopped before I got my CHP.

    If I am CC, I switch to OC in the vehicle (for accessibility). If I have the gun in my holster, I do not remove it now that I have CHP. I have been through 2 traffic stops (both license checks) with a holstered pistol, and both went smoothly. Don't know if they would have been the same with no CHP????

    I assume that when the officer approached the car you informed them in some way that you had a pistol on your hip? How exactly did that conversation go?

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    [QUOTE=ocgso;1576774 ...I have been through 2 traffic stops (both license checks) with a holstered pistol, and both went smoothly. Don't know if they would have been the same with no CHP????[/QUOTE]

    Did you present your CHP when you presented your DL?

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    Quote Originally Posted by Dreamer View Post
    I would be very interested in attending those hearings and testifying. Please keep us posted on the schedule..
    Absolutely will. They have not posted anything official yet. Someone caught that little gem tucked inside the meetings form a commission meeting. It will be here as soon as I see it.

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    Quote Originally Posted by chiefjason View Post
    This may not help you right now. But the NCWRC is going to address allowing CC on certain gamelands and boat launches outside of regular hunting seasons during their public hearings this fall. ...
    Hurray!

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    Quote Originally Posted by Greg Bradburn View Post
    Hurray!
    Before you get too excited. It seems some of the private land owners who allow the state to use their land as gamelands are requesting to be exempted. This is the email I received. I need to work on a response asking about OC.


    Last week a set of regulation proposals was reviewed by our board of commissioners that will allow individuals with concealed carry permits to carry firearms concealed on game lands, boating access areas, wildlife conservation areas and fishing access areas except where the landowners have requested to be exempted from these rules. The exempted game land areas are: Buckhorn, Harris, Sutton Lake, Mayo, Hyco, Lee, Chatham, Pee Dee (north of US74, Butner-Falls, Jordan, Vance, Kerr Scott, Dupont, Bladen Lakes, and the portion of Wayne Bailey-Caswell north of US158 and east of NC119). These changes will then be open for public comment during our September public hearings and online on our website (www.ncwildlife.org). If adopted, the rules will go into effect on 1/1/12.

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    Quote Originally Posted by chiefjason View Post
    Before you get too excited. It seems some of the private land owners who allow the state to use their land as gamelands are requesting to be exempted. This is the email I received. I need to work on a response asking about OC.


    Last week a set of regulation proposals was reviewed by our board of commissioners that will allow individuals with concealed carry permits to carry firearms concealed on game lands, boating access areas, wildlife conservation areas and fishing access areas except where the landowners have requested to be exempted from these rules. The exempted game land areas are: Buckhorn, Harris, Sutton Lake, Mayo, Hyco, Lee, Chatham, Pee Dee (north of US74, Butner-Falls, Jordan, Vance, Kerr Scott, Dupont, Bladen Lakes, and the portion of Wayne Bailey-Caswell north of US158 and east of NC119). These changes will then be open for public comment during our September public hearings and online on our website (www.ncwildlife.org). If adopted, the rules will go into effect on 1/1/12.
    Dang it. Oh well.

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    So basically, every major lake in the state will still be illegal to carry at?

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    Quote Originally Posted by jprime84 View Post
    So basically, every major lake in the state will still be illegal to carry at?
    Bear in mind the new rule does not tighten any restrictions, it loosens them. However, I'm not sure about carrying on the lake. Currently, you can't carry a loaded gun on any NCWRC boat ramp. We will have to see how this plays out with land vs lake. Like some of our recent victories, it's a step in the right direction. Just not sure how big of a step it will be. Another thing to consider is that lots of the gamelands and lakes are not public property. They are privately held by large corporations that allow the public to use them and let the NCWRC set the policy for them. However, the landowner does have some say in policy and will occasionally ask for special things; ie no hunting, no firearms, no target shooting, etc.

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    Quote Originally Posted by Dreamer View Post
    Welcome to OCDO, and it looks like someone else already answered most of your questions, so I won't belabor those points...

    I assume you belong to the SECOND party, or else you wouldn't be here.
    .
    Well, you'd be surprised. I've identified myself as an independent with strong democrat leanings for most of my life. However, I don't care for Obama and didn't vote for him. Nowadays, I don't know what party I lean to as I think they are all crooks and they don't have the peoples best interest in mind. I tend to vote for the candidate and not the party affiliation. I'd love to have more choices in parties but that will probably never happen in my lifetime. I've got strong misgivings about the Republicans as well as the Democrats.

    I typically find myself surrounded by Republicans when having anything to do with guns so I usually keep my mouth shut.

    Honestly, if I was installed as the Most Benevolent leader, all would be good.

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    Regular Member Large Caliber Kick's Avatar
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    Jprime84,

    I've spoken with an Iredell County Sherrif's Deputy who is part of the lake patrol division about this issue and was informed that the laws concerning watercraft and boat carry are the same as automotive carry. The firearm must be fully unloaded while at the state operated ramps, but once underway, you may carry as you would in your car/truck. I am not sure how this would be affected when the lake in question is in a state park. Hope this was helpful, happy fishing.

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    Thanks for asking. At some point I will call the park ranger's office and try to get some information.

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    Regular Member papa bear's Avatar
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    here is a piece writen by the NC AG, like most things in NC law it is vague but i think it is a good rule of thumbhttp://www.handgunlaw.us/documents/USRVCarCarry.pdf
    Transporting Weapons
    Roy Cooper
    Attorney General
    Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant to ensure that 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 concealed handgun permit. Therefore, the person'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 the automobile?
    www.handgunlaw.us 24
    Obviously, a weapon would be concealed and readily accessible, and therefore in violation of our 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; in an unlocked glove compartment; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. A previous opinion from this office was that a weapon would not be concealed if it were placed in a locked glove compartment, unless the key to the glove compartment was in the lock and the person was in close proximity and had ready access to it. A concern with this mode of transportation however is that it is quite susceptible to different interpretations, based on the various factors involved. Therefore, this may not be the most legally defensible method of transporting a weapon, and is discouraged.
    While a weapon carried openly in an automobile would not be concealed, there are other problems attendant to this method of carrying a weapon. The principal drawback, of course, is in the event of a person being stopped by a law enforcement official, the officer may not readily know that person's purpose and intent for carrying a weapon. As such, it is imperative that a person immediately notify an officer of the presence of any weapon in the automobile, for the officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons applies not only to handguns and other weapons commonly thought of as being easily hidden, but also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup trucks, and elsewhere in other vehicles, could similarly violate our law.
    As to those vehicles with no easily discernible trunk area, for example vans, the question turns on a factual determination of when the weapon is within ready and easy access to an occupant of the vehicle. If the weapon is concealed near, in close proximity to, or within the convenient control and access of an occupant, which would allow him to use the weapon quickly, then a fair probability exists that the occupant is in violation of the law. Therefore, care must be exercised by any occupant of a vehicle to ensure that the weapons are securely locked away in as remote an area as possible in relation to the passenger compartment of the vehicle. It is important to emphasize that these prohibitions apply to passengers, as well as the driver of a vehicle. From: NC Firearm Laws by NC AG )
    Note: In NC you can carry the firearm loaded and in your vehicle without any type of permit/license as long as it is visible. The law says you can’t conceal it. So keep it in the open and you ar
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Regular Member papa bear's Avatar
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    Welcome JPRIME84, glad to have you . i hope you will consider joining GRNC. check out the site
    http://www.grnc.org/
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    "... A previous opinion from this office was that a weapon would not be concealed if it were placed in a locked glove compartment, unless the key to the glove compartment was in the lock and the person was in close proximity and had ready access to it. ..."

    "the question turns on a factual determination of when the weapon is within ready and easy access to an occupant of the vehicle"

    The AG's opinion clearly is an AND situation, not an OR situation. The handgun must be 1) concealed, AND 2) easily accessible. He's already stated that a "locked glove compartment" would not be "easily accessible".

    To answer your question, in a LOCKED gun case is not "easily accessible". However, I wouldn't do it as you might end up in court arguing over it. You'd win, but is it worth the thousands of dollars you're gonna pay the lawyer who represents you?


    Furthermore, if it is LOCKED and you don't open it for him, how's he going to know a gun is in there? He'd have to have a search warrant or PC such (as a drug dog alert) to seize your property and open it. Fishing expeditions are only allowed on the coast.

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