On or about your person?
This is a discussion on On or about your person? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am waiting for my CCL to be approved and had a confusing discussion with a CCW instructor. I said that I planned on keeping ...
December 10th, 2010 05:57 AM
On or about your person?
I am waiting for my CCL to be approved and had a confusing discussion with a CCW instructor. I said that I planned on keeping my pistol in a small gun safe under the front passenger seat(after getting my CCL) in those instances when I could not carry such as in a school or federal building, etc. The instructor suggested that in NC this was illegal and the pistol had to be "on or about your person, or locked in the trunk. Can anyone tell me the difference between the pistol being concealed on my person and concealed under the seat in a gun safe?
December 10th, 2010 05:57 AM
December 10th, 2010 08:29 AM
This law should have been covered in your class. The wording says in the trunk, unless you have a vehicle without a trunk. You can find it at www.ncsheriffs.org
December 10th, 2010 09:06 AM
My experience convinces me that many "should-be-knowledgeable" people, including LEOS, instructors, etc., often are not knowledgeable of the law and its specifics. Early in during my military years, I figured out that much of the "quoted" rules and regs, can and cannots, from the old-timers was out of date or flat-out wrong.
I usually search the state statutes first, and in cases of vague or confusing statutes, would seek the interpretation by a lawyer. Even then, one never knows how a judge and jury will interpret the statute in their own minds.
I often see statutes where it is unclear where not "on or about" exists in a vehicle such as a van or SUV. My personal opinion is if it's locked and out of reach from my seat, it should be beyond the reasonable "On or about your person" in anyone's mind. But that's only my opinion.
Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid...
"For What It's Worth" Buffalo Springfield
December 10th, 2010 09:11 AM
I do not see how this would violate any NC law. Especially since you would not be driving the vehicle at the time. As I understand the question, you are just storing the weapon while you are in a facility that does not allow concealed carry. You are not transporting the weapon.
“Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny”
December 10th, 2010 09:24 AM
The link below is from page 19 of the North Carolina Firearms Laws as posted at www.ncsheriffs.org
"As to those vehicles with no easily discernible trunk area (i.e., vans, etc.), the question arises 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/her 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 any vehicle to ensure that 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 drivers of any vehicle."
Page 18 shows this paragraph:
"D. Transporting Weapons
Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant to ensure 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, or recognized out-of-state concealed handgun permit."
I'm concluding for myself only (I am not a lawyer) that if you possess a valid NC CCH permit you can lawfully carry it anywhere in the vehicle concealed.
"It is easier to resist at the beginning than at the end"____Leonardo da Vinci 1452-1519
December 10th, 2010 11:48 AM
First, as long as you have a valid CHP from NC you are fine with it locked under the seat in a safe. I'm a CHP instructor and I don't know where your instructor got the idea it wouldn't be legal but it is. Second, you may have problems (most likely not if locked though) if someone without a CHP is in that seat while you're not in the vehicle when a gun is in it.
Originally Posted by rocket
The BIG thing is you can NOT have a firearm in your vehicle on educational property period. Not in the parking lot even locked in a safe. If you go to educational property either don't carry or put the firearm in the safe and park OFF educational property.
December 10th, 2010 12:10 PM
If one seeks clarification regarding a law, it is usually best to consult with an attorney.
Don't take what they say as gospel either, but at least it helps to have a reference point from a supossedly "learned professional" of jurisprudence.
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