Question for SC and NC members about must inform

This is a discussion on Question for SC and NC members about must inform within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'll be spending some time in SC and NC this summer, I'm aware that they are both must inform states and I have a question ...

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  1. #1
    Senior Member Array flphotog's Avatar
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    Question for SC and NC members about must inform

    I'll be spending some time in SC and NC this summer, I'm aware that they are both must inform states and I have a question about this.
    First while I will follow the law, I consider must inform ridiculous. While I will obey I don't want to go any further then the law requires. So with that in mind, while driving, if stopped is it required that I inform if I have my CCW in the car or only if it is on my person?

    Thanks

  2. #2
    Member Array Dan.1977P's Avatar
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    If the gun is in a state that could be considered loaded by the state (NC/SC) and you are searched, you will get charged with something. Don't know the states laws but I could see a prosecutor saying you violated your CCW but not informing making it null and void and then getting a charge of illegal possession of a firearm. Plus if FL is anything like VA, your CCW status is part of your DMV record and there's a good chance the officer knows already so you'll be setting yourself up for failure.
    That's the long answer. Short answer: Don't do anything that will require you to be questioned by an officer and this will likely never be a problem. Yes, there are cases where you did a good thing and need to give a statement or such but let's not get lost in the weeds here.
    ... evil will always triumph because good is dumb! - Dark Helmet

  3. #3
    VIP Member Array OldVet's Avatar
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    You can pretty much take that advice with a grain of salt^^^

    Also from FL and travel to NC a couple times a year. FL CWFL and DL are not connected. I don't try to memorize what each state law on inform/no inform is, so if I were to be stopped outside of FL with a gun inside my vehicle (other than the trunk, etc.) I will "audibly" inform the LEO I have a carry license and a gun in the vehicle. Where it goes from there depends on the officer. What he asks about it I answer. Some states have ruled that merely handing the officer your permit does not constitute "informing."

    As you should know, in FL it is legal for anyone who can legally possess a firearm to have it concealed or openly displayed as long as it is "securely encased" and not on the person. On the person requires a carry permit.

    To argue whether must inform is ridiculous or not is pointless. If you have to, you have to. If you expect to be dragged out of a vehicle by the Gestapo for merely complying with the law, you either have a problem yourself or there's an LEO ripe for the pickings. Most LEOs I know are appreciative of being informed (as the BGs do not) or don't care one way or the other.
    kaikane0812, Kasey88 and oscar1 like this.
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    Senior Member Array flphotog's Avatar
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    All I'm really trying to find out here is does the must inform law in these two states include a gun in the car or only on your person, haven't seen an answer to that question as yet.

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    VIP Member Array OldVet's Avatar
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    I would consider inside the passenger compartment as reason to inform. Someone from NC/SC will have to be more specific.

    Edit: All I find about "must inform" for NC refers to CC. The obvious answer is do what will cause the least problems for you and the officer.
    ugh762x39 likes this.
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    Sometimes it's enlightening to look past the letter of the law and understand its intent.
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    Distinguished Member Array Exacto's Avatar
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    If it is in your possession or under your immediate control.
    ugh762x39 likes this.
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    Senior Member Array ugh762x39's Avatar
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    If you are approached by an officer in the official conduct of his duties and, you have a handgun concealed in your vehicle or on your person, you must inform.
    In NC, your permit information will come up when an officer runs your DL, not your vehicle tag. Whether or not your CCW info is attached to your FL tag, I do not know.
    "If you can do it, you damn well better be able to look at it!".....Matt Helm

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    South Carolina: Section 23-31-215 (K)--States you must have your permit ID card in your possession whenever you carry your weapon. "When carrying a weapon pursuant to article 4 chapter 31 of title 23" you must inform the LEO you are a permit holder & present the ID card when an officer 1) identifies him/herself as LEO and 2) requests identification &/or your DL. Failing to inform is a misdemeanor. It stands to reason if you are presenting your permit, you are carrying; therefore, I will choose to inform (if ever in the situation) if the gun is on me or in the car. Others may disagree. I was taught in my CWP class to name the weapon (ex: I have a p938 on my person) rather than using the word gun. This is so if another officer is within ear-shot & only hears the word "gun," he/she doesn't misconstrue or potentially overreact.
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    VIP Member Array scottync's Avatar
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    In NC, you should inform the officer if you have a weapon on your person.

    "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."

    Chapter 14 - Article 14

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    Distinguished Member Array tcox4freedom's Avatar
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    In SC there is a duty to inform upon an officer asking for your id.

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

    Section 23-31-215. Issuance of Permits.

    (K) A permit holder must have his permit identification card in his possession whenever he carries a
    concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a
    permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the
    permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests
    identification or a driverís license from a permit holder. A permit holder immediately must report the loss or
    theft of a permit identification card to SLED headquarters. A person who violates the provisions of this
    subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.
    However, if you are carrying in a closed or locked container inside your vehicle there is no duty to inform.

    South Carolina Legislature Online - Code of Laws Title 16 Chapter 23 Offenses Involving Weapons

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    (9) a person in a vehicle if the handgun is:

    (a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or
    Here's a updated summary of some recent changes in SC-

    http://www.sled.sc.gov/documents/CWP/CWPLawSummary.pdf


    -
    -

  12. #12
    Member Array Figbassist75's Avatar
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    I have to echo the advice above, especially being a life long resident of NC. I have always informed officers that I do have a CHP and that I am armed. I have never had a bad experience with that and have even had officers to thank me for carrying legally. Now that's not to say you won't run into arrogant LEOs from time to time but my general experience has been very positive with LE as a vast majority of them are in favor of law abiding citizens carrying.

    I hope you enjoy your visit to NC and SC. BTW, NC has recently expanded CC rights and is a very gun friendly state with a Castle Doctrine law. A lot of folks complain about taxes, especially gas taxes here in NC, but I am willing to endure those taxes to live in a state where my rights to carry and defend myself have not only been expanded but are respected by the powers that be.
    oscar1 and ugh762x39 like this.

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    VIP Member Array NC Bullseye's Avatar
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    Just to clarify an answer to your original post.

    For NC the handgun does NOT have to be on your person inside a vehicle to be considered a concealed weapon. It can be in a console, glove box, under the seat, or under a towel in the passenger seat and it's considered concealed. NC doesn't differentiate between loaded or unloaded so that doesn't come into play here either.

    If you can reach it easily then it's concealed.

    NC law states you must inform when you are approached by a law enforcement officer and are carrying a concealed handgun. It further states you must inform and then "upon the request of a law enforcement officer" present your ID and permit so don't just hand them your permit and think you are good to go. It could cause some unwanted confusion if you don't verbally notify first.

    In NC signs prohibiting firearms do NOT have to be any specific size shape or color, only that they be conspicuous and they do carry the weight of law so you don't have to be verbally asked to leave before being charged so keep your eyes open for signage prohibiting firearms.

    One last thing, in NC your permit ONLY applies to handguns, no other weapons are covered and you could be charged depending on what and where you carry other weapons.
    iguanadon likes this.
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  14. #14
    Distinguished Member Array Dan060's Avatar
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    Long before i got my CCW,i kept my gun in the console loaded and unlocked. Unless the LEO asks,you are not required to tell him you have a gun in the glovebox or console,unless they ask.

    A couple of yrs ago,i went xmas shopping one night. I had misplaced my CCW. I had my gun in console and put my wallet beside it. I took in to store only what i thought i would need. On the way back home i came to a license ck. I told the LEO my wallet was in console,along with a gun. He asked me to pull over. He went in console got my gun,then told me i could get my wallet. He ran the serial numbers on the gun,checked my license and i was on my way.

    As long as i've had my CCW,i've only had to inform three times. When the LEO came to my car all i did was give him my D.L. and my CCW. I never mentioned the word gun not at first,anyway. I was hoping he would have enough sense to realize why i gave him my CCW. Two of the three times i've had to inform the LEOs ran the numbers on my gun,and that's been it.So far i've had zero problems with any LEOs.

    With all of that being said,what i posted pertains to S.C.
    Last edited by Dan060; April 14th, 2014 at 12:29 PM.

  15. #15
    Senior Member Array Kasey88's Avatar
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    I haven't had to inform anyone yet that i have a cwp. If or when i do,i will just give them my cwp and go from there.
    Dan060 likes this.

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