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Thread: Legal Carry on your own property...!?!?

  1. #1
    Regular Member Sc0tt's Avatar
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    Legal Carry on your own property...!?!?

    The first question is:

    II. POSSESSING AND CARRYING FIREARMS
    A. Carrying Concealed Weapons
    North Carolina law strictly controls the ability of individuals to carry weapons
    concealed. Except under the limited concealed handgun permit provisions of state law,
    described in Sections III. B and III. C of this publication, it is unlawful for any person
    in North Carolina, except when on his or her own premises

    I am allowed to CC on my own property w/o a CHP, but am I legally required to notify an officer of my carrying if approached, and the 2nd part is that what does my premisis refer to If I live in a rooming house is my premisis my room only or can I carry anywhere on the property that I am renting (ie kitchen, pourch, ect)

    So while looking up the facts for my 2nd question I answered it, but I still want to know what you think
    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

    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.
    While a weapon carried openly in an automobile would not be concealed, there
    are other problems specific to this method of carrying a weapon. The principal
    drawback, of course, is in the event of an individual being stopped by a law enforcement
    official, the officer may not readily know that individual's purpose and intent for
    carrying a weapon. As such, it is imperative that an individual 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 North Carolina
    law.
    As to those vehicles with no easily discernible trunk area (i.e., vans, etc.), the
    question arises 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/her 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 any vehicle to
    ensure that 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 drivers of any vehicle.
    My question was if we are allowed to CC on our own premisis why would that not exstend to out vehicles esp now that castle doc applies to them and we own, have a legal right to be there? (But the pampelt from DOJ which I am quoting from (Link below) makes it clear that its illegal.)


    All quotes from: http://www.ncdoj.com/getdoc/32344299...-gun-Laws.aspx
    -----------------
    --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

  2. #2
    Regular Member
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    Quote Originally Posted by Sc0tt View Post
    The first question is:




    I am allowed to CC on my own property w/o a CHP, but am I legally required to notify an officer of my carrying if approached, and the 2nd part is that what does my premisis refer to If I live in a rooming house is my premisis my room only or can I carry anywhere on the property that I am renting (ie kitchen, pourch, ect)

    So while looking up the facts for my 2nd question I answered it, but I still want to know what you think


    My question was if we are allowed to CC on our own premisis why would that not exstend to out vehicles esp now that castle doc applies to them and we own, have a legal right to be there? (But the pampelt from DOJ which I am quoting from (Link below) makes it clear that its illegal.)


    All quotes from: http://www.ncdoj.com/getdoc/32344299...-gun-Laws.aspx
    Just because the pamphlet says something does not make it so. They will have to put out a new pamphlet after December 1st.

  3. #3
    Regular Member
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    Conover
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    castle doctrine does NOT take affect till Dec 1, 2011

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