100% new to OC. A few questions

Hello All,

I am 100% new to OC. I formerly had a CHP in Alabama before moving to NC but have not yet obtained the CHP for NC. I am very curious about OC and have a few questions. I can definitely see the advantages to OC. Thanks in advance for your help.

I'm sure this is open for interpretation, but where is the line between OC & CC? Is there a certain rule or definition that you go by? For example, can you use an IWB holster as long as the gun is visible or partially visible, or do you have to have it 100% visible?

In reference to the law that says you cannot carry in a place where alcohol is sold or consumed, does that only apply to places that allow patrons to consume the alcohol on the premises? I see in the "OC Experiences" thread that many of you carry in gas stations, grocery stores, etc.. that sell alcohol, but consumption is permitted.

If I OC in my vehicle, then pull up to a place/business that does not allow OC, how do you store your firearm in your vehicle? Does it have to remain displayed in your vehicle or are you allowed to put it in the glove compartment, etc...?

Thanks for helping a OC newbie out.

Welcome to NC and this site...

The gun must be visible. It will come down to the LEO if its is concealed or not. But if the LEO can see you have a gun than it is OC.

You CAN NOT carry where alcohol is sold AND consumed. Sold is fine. just not consumed. Every time I buy beer I am armed.

Before you exit your vehicle. hide your gun. It is only concealed while you are in the vehicle. If you left it out it would get stolen real fast.

Thanks for clarifying. Also, I just noticed that my apartment lease has the following statement: "You agree not to:....Discharge, display, or in any way use in or around the home or common areas any firearm or weapon of any type, including but not limited to air rifles and pistols, bows and arrows, knives (other than the ones being used for cooking or eating food), swords, etc."

I wonder what "display" in the above clause means? Is the clause legal?

AubCubFan said:

Thanks for clarifying. Also, I just noticed that my apartment lease has the following statement: "You agree not to:....Discharge, display, or in any way use in or around the home or common areas any firearm or weapon of any type, including but not limited to air rifles and pistols, bows and arrows, knives (other than the ones being used for cooking or eating food), swords, etc."

I wonder what "display" in the above clause means? Is the clause legal?

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Don't know if it's legal or not but I would have never signed a lease with a clause like that.

I would suggest finding some sort of lock box with a cable for locking up your gun in your vehicle. You don't want to just put it in the glove box or under the seat--if someone sees you doing that, they may break into you rcar just to steal it. If it's locked up and tied to the seat rails or a tie-down in the cargo area, they are going to have to be pretty determined (and well-equipped) to snag your gun.

I use a Honeywell fire and waterproof lock box and a Kryptonite bike lock cable. Total cost: less than $40.

You can get purpose-made lock boxes at gun shops that are small enough to slide under the seat of most vehicles for between $40 and $100.

I know of at least 1 State that has Enacted a Prohibiton against Landlords Including Anti-Firearm Clause in Tenant Lease Agreements.

That State is Montana.

Maybe..., North Carolina will Adopt a Similiar Statute.

However, The United States Supreme court has Stated, under Heller vs The District of Columbia, AND, under McDonald vs. Chicago, that a Law-abiding Citizen of The United States of America has The Right to Own at least 1 Operable Firearm in The Home. A Reference is Viewable here: http://www.breitbart.com/article.php?id=d91hs2eo0&show_article=1

Similiar Legislation is Pending before The North Carolina General Assembly that Appears to Allude to The Fact that a Person has The Right to Keep and Bear Arms in The Home: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v6.pdf

AubCubFan said:

Hello All,

I formerly had a CHP in Alabama before moving to NC but have not yet obtained the CHP for NC.

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Where are you from in Alabama? I'm considering University of Alabama for my graduate studies. I'm applying there in the fall.

:shocker:

mattwestm said:

Where are you from in Alabama? I'm considering University of Alabama for my graduate studies. I'm applying there in the fall.

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Being an Auburn fan, I would never encourage or recommend anyone to the University of Alabama.

Carry24/7 said:

Don't know if it's legal or not but I would have never signed a lease with a clause like that.

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I cannot attest to NC, but such a clause is void in FL. It's been a while since I studied up on that one... It was a fairly widespread concept 10 years ago. One cannot be contractually stripped of his Enumerated Constitutional Rights. It depends on where your State draws the line of Property Ownership for a Renter. It's tied to Property Rights, not Gun Rights.

Another member on the forum had a similar clause in his lease. I think we determined that it was perfectly legal in NC. I would try to get out of the lease (or just bring your guns in anyways).

When I go apartment hunting in the spring, I will refuse to rent at a complex that bans firearms, even if it's a great complex at a reasonable price.

AubCubFan said:

:shocker:

Being an Auburn fan, I would never encourage or recommend anyone to the University of Alabama.

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Roll Tide Baby..Lived in Tuscaloosa, AL from 1989-2007..Born and raised in North Carolina..

aadvark said:

I know of at least 1 State that has Enacted a Prohibiton against Landlords Including Anti-Firearm Clause in Tenant Lease Agreements.

That State is Montana.

Maybe..., North Carolina will Adopt a Similiar Statute.

However, The United States Supreme court has Stated, under Heller vs The District of Columbia, AND, under McDonald vs. Chicago, that a Law-abiding Citizen of The United States of America has The Right to Own at least 1 Operable Firearm in The Home. A Reference is Viewable here: http://www.breitbart.com/article.php?id=d91hs2eo0&show_article=1



Similiar Legislation is Pending before The North Carolina General Assembly that Appears to Allude to The Fact that a Person has The Right to Keep and Bear Arms in The Home: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v6.pdf

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Thanks for the info. I was unaware of the Supreme Court ruling. I will most likely call the apartment manager and inquire, just to see what they say, however I won't let that deter me from doing what I need to do.

mattwestm said:

Another member on the forum had a similar clause in his lease. I think we determined that it was perfectly legal in NC. I would try to get out of the lease (or just bring your guns in anyways).

When I go apartment hunting in the spring, I will refuse to rent at a complex that bans firearms, even if it's a great complex at a reasonable price.

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Are you alluding to the clause being perfectly legal in NC or that it is legal to OC or CC regardless of the clause? From my perspective, based on the supreme court ruling it would be legal to keep a firearm for your protection, however, the apartment community could prohibit firearms since it is private property.

quote]...use in or around the home... [/quote]


I'd be more concerned with this part of the lease clause. Technically you couldn't even OC in your apartment!