imported post
Fahrenheit wrote:
OK, yeah, couple of things.
If you're going to have it in your car, you want it in a holster that's attached somewhere. Holsters are cheap. Damage done by a flying gun when you have to stop short is not cheap.
I would NOT leave it on my hip, then move it when pulled over. First, any cop behind you is going to correctly interpret your body movements and know what you did. Second, the fact that you did it will be prima facie evidence that you knew or suspected that what you were doing was wrong.
If you're going to carry in NC, you need to have a secure method for storing your firearm in your car. There are too many 'gun-free zones' that you can't completely avoid. Get a locking safe of some sort.
On a lighter note, I named my first handgun years ago. He is named "Lawyer", as in "Leave me alone/Go Away/Get off My Land or you'll be hearing from my Lawyer."
I think a better way to phrase that would be that any cop would correctly assume my body movements but then again I can't be convicted off an assumption.
He may
assume I was placing my weapon on the seat but he has
ZERO evidence and unless I'm like your typical Larry Laydown in regards to asserting my rights (which btw, I'm not) the only way he could charge me for having it concealed when it's on the seat by the time he gets to my car window is if I admitted it
.
He could
assume I was moving it but I could have been: leaning over to get my registration, reaching to turn the recording on my camera or any other number of countless things.
He'd probably try to get me to "confess" to doing it via questions like " what were you doing as I approached the vehicle?"
Larry Laydown answer: I was placing my gun on the passenger seat because I don't have a CHP.
My "answer": What do you think I was doing?
That would probably lead him to saying something like "well it looked like you were putting the gun in the seat". Nice try Mr. Officer..."Well are you stating a speculation based off of your assumptions void of evidence or are you charging me with some crime? Cause If you're charging me don't ask me questions in attempt for me to waive my right to silence; simply charge me and we'll see if it sticks." Of course it won't stick because there is no evidence outside of my recording which didn't start till the gun was on the seat.
Secondly, I would place it on the seat not out of knowing or suspecting that I was doing something wrong. I simply know and suspect that the cop would
think it was wrong.
Driving with a gun on your hip is not concealed and If the cop wants to interpret the law on the side of the road, he is breaking his oath to uphold the state constitution since it states in Article I section 6 "The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other."
Only the judicial branch can interpret the law and I'd be glad to pull the constitution out and read it to him, or allow him to write his ticket, be on my way, write a nice little letter to the court and wait for them to acquiesce as they will most certainly do. I'll never go to court and would ultimately end up with a nice lil story to post on opencarry.org.