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Thread: A little confused

  1. #1
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    A little confused

    If i carry my .40 cal on my hip, shirt tucked behind the weapon, would that be illegal or no? If i read right i understand that in Durham it is a no go but anywhere other than that?

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    Regular Member dmatting's Avatar
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    Quote Originally Posted by SmithCT View Post
    If i carry my .40 cal on my hip, shirt tucked behind the weapon, would that be illegal or no? If i read right i understand that in Durham it is a no go but anywhere other than that?
    It is completely legal because there is no law against it. Of course, there are locations that you are not permitted to carry a handgun, OC or CC - most notably in restaurants that serve alcohol. There will be some pointed differences in mode of carry in some areas come Dec 1, though.

    I've been open carrying all over Durham county and some other counties with no problems. In fact I just walked out of Sheetz about an hour ago, right by some Durham cops and nothing happened. I have no clue if they saw the gun or not...

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    Ok i appreciate it. I mainly just have it in my vehicle traveling on I-40 between Ky and here

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    Regular Member dmatting's Avatar
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    Quote Originally Posted by SmithCT View Post
    Ok i appreciate it. I mainly just have it in my vehicle traveling on I-40 between Ky and here
    If you don't have an NC CHP or a CC permit from a state that NC honors, then keep the gun out in the open (passenger seat or dashboard, etc) while in the car inside NC.

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    I was threatened with a CCW charge from two officers because I was rocking an IWB holster with a polo shirt tucked in all around. The only portion concealed was from the trigger guard forward.

    They said if any portion of the gun is concealed they're going to consider it CCW. I was too busy to get arrested that day so I caved and showed them my ID and permit, while they made sure I wasn't a gun thief by running my serial #.

    This was in Cary, but the moral of the story is it really all depends on the officer.

    I think you'd be better off getting an OWB holster and carrying it that way if you don't have the permit, in case an officer wants to punish you for carrying a gun in his domain.

    One thing I always find particularly "funny" about how officers discern what is concealed and what isn't:

    If they find drugs in a car then they may say the contraband was in plain view and they didn't need PC to search for it. That same officer who was to find a gun in the exact same spot, he may say it was concealed. It just depends on how they want to make the law work for them.

    I don't think it's LEO bashing to recognize the fact that they are specifically trained to work around the 4A and make the law work for them whenever possible.
    "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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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by SmithCT View Post
    If i carry my .40 cal on my hip, shirt tucked behind the weapon, would that be illegal or no? If i read right i understand that in Durham it is a no go but anywhere other than that?
    You describe what we call the "Virginia Tuck". Back when OC only was legal in restaurants serving alcohol, people CCing would employ this manuver prior to entering such an establishment.

    To those that suggest only using an OWB holster - virtually the same amount of the gun is covered as with a IWB holster. If a LEO or anyone else is going to lie, how you legally carry won't change that. In Va. that is way so many carry digital recorders - they don't lie.
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    Regular Member Dreamer's Avatar
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    Under NC law, if a firearm is "recognizable as a firearm" is it NOT concealed.

    If you are carrying IWB with the butt out and in the open, and a cop stops you because he sees a gun, he can CHARGE you with anything he wants. Bu tit won't stand op in court if your lawyer has enough braincells to tie his own shoes...

    Such a case SHOULD go like this:

    Defense Attorney: So, Officer Fife, under what charge did you arrest the defendant?
    Officer Fife:"Carrying a concealed handgun without a permit.
    DefAtt: Did you receive a complaint or had he threatened anyone with his firearm?
    Fife: No
    DefAtt: How was the defendant carrying this firearm?
    Fife: In an IWB holster.
    DefAtt:Was his shirt or jacket covering the grip?
    Fife: No
    DefAtt: Was he obscuring it with a backpack or some other object?
    Fife: No
    DefAtt: So how did you know he was carrying a concealed firearm?
    Fife: Because I could clearly see the grip and rear portion of the gun.
    DefAtt: And it was readily identifiable as a firearm?
    Fife: Yes.
    DefAtt: Your honor, move to dismiss, as there was no violation committed, per NC Statute.
    Judge: Case Dismissed...
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  8. #8
    Regular Member ArmySoldier22's Avatar
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    Quote Originally Posted by Dreamer View Post
    DefAtt: Was he obscuring it with a backpack or some other object?
    Fife: No
    This made me realize I need to be careful when I'm riding. I usually wear a backpack. I'm going to have to make sure that it's not covering up my gun when I ride.

  9. #9
    Regular Member Sc0tt's Avatar
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    Quote Originally Posted by Dreamer View Post
    Under NC law, if a firearm is "recognizable as a firearm" is it NOT concealed.

    If you are carrying IWB with the butt out and in the open, and a cop stops you because he sees a gun, he can CHARGE you with anything he wants. Bu tit won't stand op in court if your lawyer has enough braincells to tie his own shoes...

    Such a case SHOULD go like this:

    Defense Attorney: So, Officer Fife, under what charge did you arrest the defendant?
    Officer Fife:"Carrying a concealed handgun without a permit.
    DefAtt: Did you receive a complaint or had he threatened anyone with his firearm?
    Fife: No
    DefAtt: How was the defendant carrying this firearm?
    Fife: In an IWB holster.
    DefAtt:Was his shirt or jacket covering the grip?
    Fife: No
    DefAtt: Was he obscuring it with a backpack or some other object?
    Fife: No
    DefAtt: So how did you know he was carrying a concealed firearm?
    Fife: Because I could clearly see the grip and rear portion of the gun.
    DefAtt: And it was readily identifiable as a firearm?
    Fife: Yes.
    DefAtt: Your honor, move to dismiss, as there was no violation committed, per NC Statute.
    Judge: Case Dismissed...
    That is exactly how it should go *however* You would still of been arested, had your firearm sezied, Had to post bail, had to of paid an attorney to deffend you and waited months to get to a trial just to get it dismissed.

    You will still end up lousing your firearm, paying an attorney, and paying your bound.

    Cops know that all this is an enourmus hastle and most people will bow down and do what they are told before standing up for thier rights and they use this burdon aginst us. Thier depts protect them from lawsuits from the "mistakes" they make becuase the LE community has some how sold most of america on the idea that it is better to make mistakes and have a persons right violated in a major way than to miss catching a criminal. I have had cops tell me that they arrest me knowing the charges wouldnt stick but they didnt care becuase theyd still have my gun.
    -----------------
    --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

  10. #10
    Regular Member ArmySoldier22's Avatar
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    To be honest, I might've bowed down as well. Simply for the fact that I can't afford to post bail and would've had to just sit in jail, or to get an attorney, or any of the court fees. But I would gladly stand up for those rights if somebody else feels like bailing me out of jail and getting me an attorney lol
    Last edited by ArmySoldier22; 08-24-2011 at 12:26 AM.

  11. #11
    Regular Member Sc0tt's Avatar
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    Quote Originally Posted by ArmySoldier22 View Post
    To be honest, I might've bowed down as well. Simply for the fact that I can't afford to post bail and would've had to just sit in jail, or to get an attorney, or any of the court fees. But I would gladly stand up for those rights if somebody else feels like bailing me out of jail and getting me an attorney lol

    As much as I hate to say it but Id fold like a wet paper towl in most cases when arrest is threatened. I dont have the money for bail, a lawyer or a new gun. Becuase even if you win your case they not going to give it back to you.
    -----------------
    --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

  12. #12
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Sc0tt
    As much as I hate to say it but I'd fold like a wet paper towel in most cases when arrest is threatened.
    I don't have the money for bail, a lawyer or a new gun.
    Because even if you win your case they not going to give it back to you.
    Know your rights, know the laws.
    If you can't afford a lawyer, they have to give you one.
    And if you're not convicted of anything, they have to return your property (unless it's contraband in itself).

    The 2 times I've had a pistol involuntarily in the control of police it was eventually returned. (Neither time did I commit any crime. The police involved, however, all face(d) 1983 suits.)

    The first time only took a couple weeks & the DA admitting that the stop was bad, and the search was bad on top of that.

    The second time took 4 months & 2 court hearings. When the judge didn't follow the law in the first hearing, I got a lawyer for the second.
    The judge claimed that was unnecessary, but I don't think so. She behaved much better in the second hearing, with him there next to me.
    We filed an ethics complaint against her, once she signed the paperwork to return my property.
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