Driving in NC. with a Florida non resident permit.

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Thread: Driving in NC. with a Florida non resident permit.

  1. #1
    Member Array jrkrk's Avatar
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    Driving in NC. with a Florida non resident permit.

    Question? Driving into NC. from NJ. with a Florida permit if my firearm is locked away in the trunk of my car and I happen to get stopped by LEO Do I still have to disclose that I have a firearm in the vehicle unless I am asked?

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    VIP Member Array boricua's Avatar
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    Yes.
    Duty, Honor, Country...MEDIC!!!
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    Member Array tflhndn's Avatar
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    Quote Originally Posted by jrkrk View Post
    Question? Driving into NC. from NJ. with a Florida permit if my firearm is locked away in the trunk of my car and I happen to get stopped by LEO Do I still have to disclose that I have a firearm in the vehicle unless I am asked?
    If the firearm is unloaded and locked in the trunk, you do NOT have to declare it.

    However, Florida CCW permits are valid in NC. If you are CARRYING, then yes, NC is a notification state. If approached by an officer, the FIRST thing you must do is announce that you have a Concealed carry permit and that you are armed. (simply handing your permit to the officer with your DL, is NOT the equivilent here)

    when the officer approached your window and says whatever, I have found the best thing to do is say:

    "Sir, before we begin, I want to disclose that I have a concealed carry permit and am currently armed. How would you like me to proceed?"

    I have found this to be a very effective way of phrasing it, and find that most officers appreciate it - to the point of getting warnings when I really should have gotten a ticket.
    Last edited by tflhndn; April 3rd, 2010 at 09:31 PM. Reason: spelling and addition

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    VIP Member Array Hiram25's Avatar
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    I have personally stopped individuals in violation of the Motor Vehicle Codes and have opted for a warning instead of a violation ticket on the basis of their honesty in informing me that they were armed. Now that I think about it, I issued a lot more warnings than tickets. I kind of saved those for the individuals that really needed one, most of the time I could get my message across with the warning, and that is all I wanted to do in the first place.

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    Handgun law page for NC. Make sure you look through it. Maybe even print a copy for the trip. Some of the NC laws are odd compared to other states.

    http://www.handgunlaw.us/states/northcarolina.pdf

    NC honors the Fl non res, take it out of the trunk and keep it where it belongs-on you! And enjoy our fine state.
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    Distinguished Member Array svgheartland's Avatar
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    It's my understanding that NC law requires that you notify an LEO that you have a permit first, and alway, and then inform him/her that you are armed or not armed. I may not be properly informed but I don't think that that's the case. And I have found out that the website that provides a pdf of state laws is not always maintained very well so using that as the final word isn't the best plan (this from Durham PD LEO). In any case, I believe it's a better practice. Your CC permit will flag when they run your license and then you've got a potentially distrusting officer coming back to your vehicle to have a conversation that could have been avoided.

    Our laws also say that the gun has to be inaccessable so, in theory, locked in a soft case and sitting in the back seat of the vehicle would not be concealed. I don't know if that's been tested in a court. I think it would be first determined on the spot and later decided in a court room should the LEO decided your cased gun in the back seat was actually concealed. So, always inform regardless.
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    Senior Member Array press1280's Avatar
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    Quote Originally Posted by jrkrk View Post
    Question? Driving into NC. from NJ. with a Florida permit if my firearm is locked away in the trunk of my car and I happen to get stopped by LEO Do I still have to disclose that I have a firearm in the vehicle unless I am asked?
    From NJ huh? I was in a discussion over at PAFOA about an issue like this.
    Some of the folks think if you're a NJ resident that you can only transport to/from a range,gun shop,gun training,exc. The NJ law doesn't seem to say anything about leaving the state with firearms. I presume it's legal as long as it's stored properly and you don't stop in NJ, but the NJ laws are quite vague and are written so everything not expressly allowed by law are thus illegal.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

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    Member Array dogrunner's Avatar
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    Quote Originally Posted by svgheartland View Post
    It's my understanding that NC law requires that you notify an LEO that you have a permit first, and alway, and then inform him/her that you are armed or not armed. I may not be properly informed but I don't think that that's the case. And I have found out that the website that provides a pdf of state laws is not always maintained very well so using that as the final word isn't the best plan (this from Durham PD LEO). In any case, I believe it's a better practice. Your CC permit will flag when they run your license and then you've got a potentially distrusting officer coming back to your vehicle to have a conversation that could have been avoided.

    Our laws also say that the gun has to be inaccessable so, in theory, locked in a soft case and sitting in the back seat of the vehicle would not be concealed. I don't know if that's been tested in a court. I think it would be first determined on the spot and later decided in a court room should the LEO decided your cased gun in the back seat was actually concealed. So, always inform regardless.
    FYI: A Florida CCW license will not "flag" unless a specific query is made...........I know that some states licensing process is tied to their DL's.........Florida's is not.

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    Member Array mrjam2jab's Avatar
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    Quote Originally Posted by svgheartland View Post
    It's my understanding that NC law requires that you notify an LEO that you have a permit first, and alway, and then inform him/her that you are armed or not armed. I may not be properly informed but I don't think that that's the case. And I have found out that the website that provides a pdf of state laws is not always maintained very well so using that as the final word isn't the best plan (this from Durham PD LEO). In any case, I believe it's a better practice. Your CC permit will flag when they run your license and then you've got a potentially distrusting officer coming back to your vehicle to have a conversation that could have been avoided.

    Our laws also say that the gun has to be inaccessable so, in theory, locked in a soft case and sitting in the back seat of the vehicle would not be concealed. I don't know if that's been tested in a court. I think it would be first determined on the spot and later decided in a court room should the LEO decided your cased gun in the back seat was actually concealed. So, always inform regardless.

    If you are not armed...there is no reason to mention you have a carry permit.

    Since the OP is from NJ with a FL license, a NC LEO running his license will not turn up a carry permit.

    Generally, the best place for up-to-date gun info is the State website....but Handgunlaw.us is normally updated within a day or so of any changes and makes a good starting location.

    To the OP: your FL license is good the moment you cross the MD-VA state line. Pull it outta the trunk at that point.

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    Member Array rks2's Avatar
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    Quote Originally Posted by svgheartland View Post
    It's my understanding that NC law requires that you notify an LEO that you have a permit first, and alway, and then inform him/her that you are armed or not armed. I may not be properly informed but I don't think that that's the case. And I have found out that the website that provides a pdf of state laws is not always maintained very well so using that as the final word isn't the best plan (this from Durham PD LEO). In any case, I believe it's a better practice. Your CC permit will flag when they run your license and then you've got a potentially distrusting officer coming back to your vehicle to have a conversation that could have been avoided.

    Our laws also say that the gun has to be inaccessable so, in theory, locked in a soft case and sitting in the back seat of the vehicle would not be concealed. I don't know if that's been tested in a court. I think it would be first determined on the spot and later decided in a court room should the LEO decided your cased gun in the back seat was actually concealed. So, always inform regardless.
    I agreed to present both license and permit to get Peace of Mind. That is what my TX CHL instructor told us.
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    Senior Member Array BlueLion's Avatar
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    Quote Originally Posted by tflhndn View Post
    If the firearm is unloaded and locked in the trunk, you do NOT have to declare it.

    However, Florida CCW permits are valid in NC. If you are CARRYING, then yes, NC is a notification state. If approached by an officer, the FIRST thing you must do is announce that you have a Concealed carry permit and that you are armed. (simply handing your permit to the officer with your DL, is NOT the equivilent here)

    when the officer approached your window and says whatever, I have found the best thing to do is say:

    "Sir, before we begin, I want to disclose that I have a concealed carry permit and am currently armed. How would you like me to proceed?"

    I have found this to be a very effective way of phrasing it, and find that most officers appreciate it - to the point of getting warnings when I really should have gotten a ticket.
    Not true, you still have a weapon on you. Let the Leo know you have a weapon and it is secured in the trunk. A felony would suck.
    Listen, Think and React.....Nuff Said.....

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    Member Array tflhndn's Avatar
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    Quote Originally Posted by BlueLion View Post
    Not true, you still have a weapon on you. Let the Leo know you have a weapon and it is secured in the trunk. A felony would suck.
    § 14 415.11. Permit to carry concealed handgun; scope of permit.
    (a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.
    Now I am not a lawyer, but the statute states one must declare being a permit holder and that he is armed whenever he is carrying concealed.

    Having possession of a gun (i.e., it is in the trunk) is not the same as carrying concealed, therefore declaration of the permit and firearm are not required. If you wish too, feel free, but the OP asked if he "had" to disclose.

    The answer is no.

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