correct open carry in car
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Thread: correct open carry in car

  1. #1

    correct open carry in car

    I was wondering how you most correctly OC in a car in NC. I know this probably has been askd and discussed before but when I ran a seach I did not find it and I don't have unlimited time to read all posts untill I locate it so please be patient and humor me!

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  3. #2
    Join Date
    Nov 2010
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    Quote Originally Posted by jg1967 View Post
    I was wondering how you most correctly OC in a car in NC. I know this probably has been askd and discussed before but when I ran a seach I did not find it and I don't have unlimited time to read all posts untill I locate it so please be patient and humor me!
    http://www.handgunlaw.us/documents/USRVCarCarry.pdf

    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? 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.

    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 are legal.
    Last edited by jlamb; 11-14-2010 at 11:49 AM. Reason: Paragraph formatting.

  4. #3
    So practically speaking your choices are to either have the gun sit in the passenger seat and get the officers Glock rammed in your ear when he sees it and freaks out or have it in your holster and possibly be charged with carrying concealed without a license .... hmmm .... that seems like a lot of bad choices. I think I stay away from that and rather wait for my concealed carry permit.

  5. #4
    Oh, don't get me wrong, I really do appreciate the extensve explanation, I just don't think that's quite my cup of tea to do.

  6. #5
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    30-06 on the rack in the back window of the pickup works for me.

  7. #6
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    Quote Originally Posted by jg1967 View Post
    So practically speaking your choices are to either have the gun sit in the passenger seat and get the officers Glock rammed in your ear when he sees it and freaks out or have it in your holster and possibly be charged with carrying concealed without a license .... hmmm .... that seems like a lot of bad choices. I think I stay away from that and rather wait for my concealed carry permit.
    I don't blame you. Better to err on the side of caution than get into a "gray" area. I transport mine in the trunk for the time being.

  8. #7
    I carry openly everywhere. I also have a lead foot, so I've had several experiences with NC LEOs, both local cops/sheriffs and state boys. if the gun is not holstered on your body make sure its in plain view like on the seat next to you. if its on your hip leave it there. put both hands on the steering wheel and as soon as Smokey shows up at your window you say "Officer, I am openly carrying a firearm"

    99% of the time the cop will ask where, TELL them, DON'T show them. then go from there. in my experience they take my gun and run it to make sure its clean. no big deal, it's "for my safety as well as his" I get it back at the end usually with only a warning if that. knock on wood I have never gotten a ticket while carrying a firearm. just be polite and do what the cop asks, within reason obviously.


    P.S. the greener the cop, the harder the time you are gonna have, I guess it takes them a couple of years to figure out that they shouldn't be the only ones with guns and that we are all on the same side.....

  9. Got my CHP...Can I legally carry concealed while driving my truck?

    Just got my NC CHP...and after doing some searching around I want to know whether I'm legal to conceal carry while driving down the road. I'm confused about the definition of the law. Also, since VA is a reciprocity state (my bordering state) is it legal to drive while concealed there also?

  10. #9
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    Feb 2010
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    Quote Originally Posted by moyockdiesel View Post
    Just got my NC CHP...and after doing some searching around I want to know whether I'm legal to conceal carry while driving down the road. I'm confused about the definition of the law. Also, since VA is a reciprocity state (my bordering state) is it legal to drive while concealed there also?
    Yes and yes. Just because the state shares a border doesn't mean it is reciprocal though. Take a look at the maps and laws available on this site. With a permit in VA you can have the gun in the car how you please as in NC, though in SC it needs to either be attached to you or in a closed container basically.
    For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring. - Carl Sagan .When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours - Stephen Roberts

  11. Quote Originally Posted by sFe View Post
    Yes and yes. Just because the state shares a border doesn't mean it is reciprocal though. Take a look at the maps and laws available on this site. With a permit in VA you can have the gun in the car how you please as in NC, though in SC it needs to either be attached to you or in a closed container basically.
    sFe....Thank you for clearing that up.
    S&W M&P 40

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