Couple of questions on NC CC laws

This is a discussion on Couple of questions on NC CC laws within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello all... I'm a bit new to this so bare with me. I searched for the answers to my questions but couldn't find them so ...

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Thread: Couple of questions on NC CC laws

  1. #1
    Member Array JNC's Avatar
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    Couple of questions on NC CC laws

    Hello all... I'm a bit new to this so bare with me. I searched for the answers to my questions but couldn't find them so I'm hoping someone can give me a little help.

    I recently got my conceal carry permit in NC.

    1) I came across an interesting situation yesterday. I was riding in a vehicle as a passenger when we approached a road check. I know as the driver when the officer stops me I am to notify that I have a conceal carry permit and I have a concealed handgun in my possession. How does that apply as a passenger if the officer never addresses me?

    We were waved through the road check as they had two vehicles already pulled over so it was a non-issue this time.

    2) I live in Watauga County and often access the Blue Ridge Parkway. What is the status of carrying on National Parks? It is my understanding that it would be illegal to carry on the Parkway or for that matter any National Park due to a recent injunction?

    Thanks in advance for your help.


    Jake

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  3. #2
    New Member Array Atticus Rex's Avatar
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    I'm pretty sure as a passenger you are NOT required to provide ID or even speak to the officer if asked questions...unless you are being questioned about a crime. Same goes for any other public place you're in. If the driver is pulled over for a moving violation (not a crime but an infraction), again, you are not obliged to responde to questions or give ID if asked...unless of course, again, you are questioned in accordance with a potential crime (like the driver wreaks of booze...which isn't really a crime you can be questioned for).

    As for "officer safety" which is the premise for announcing your carry condition, I'd say that your right should not be yielded for his safety...which is not in jeapardy as we all know as lawful gun carriers. Your permit provider should hopefully have the guidelines for your specific condition. Also, a basic query of your civil rights should yield that you, while not subject to the purpose of the traffic stop, are not obliged to yield your 4th amendment rights of search and seizure..and offering (5th) information that could require you to get out of the car (search/detention) or even worse..asked to remove your gun and put it on the car (not that this happens since most cops are ok with people carrying lawfully). Good question!

    Of course NOBODY..and I mean NOBODY asserts their rights when pulled over and EVERYONE...EVERYONE blabs and yields their 5th amendment rights instantly to cops and they are used to it and assume you will so they'll get bent out of shape when you so assert.

    Watch the flex your rights videos on youtube and learn the fine line LEOs have when accosting citizens of this once free country. There's also some dude who loves to piss off border (ICE) cops who violate rights daily when they stop people well inside our borders and demand answers or they'll be detained..he simply demands the purpose of his detention and asks if he's being detained, and then asks if he's free to go...regardless of what the cop is saying to him through his closed window (also legal to keep window up).

  4. #3
    VIP Member Array Dal1Celt's Avatar
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    I would tell the officer here in NC.

    As for the Parks carry. Google NC HB 269 (thanks to JNC for the catch on my error), 270 and 1131.

    They are parks, restaurant carry and Castle Doctrine bills for NC currently being looked at.
    Last edited by Dal1Celt; April 19th, 2009 at 02:04 PM.
    "Without fear there can be no Courage!"

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    Member Array JNC's Avatar
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    Quote Originally Posted by Dal1Celt View Post
    As for the Parks carry. Google NC HB 260, 270 and 1131.

    They are parks, restaurant carry and Castle Doctrine bills for NC currently being looked at.
    Is that 269?

    Thanks for the beta. I'll write my Representative asap.

    The Blue Ridge Parkway is part of the National Park system (not state). It was my understanding (as was the instructor who taught my cc class) that Bush overturned the federal ban on carrying in National Parks; however, there has been an injunction filed and until that is settled it is no longer legal to carry in a National Park.

    This is of concern to me... because I could easily turn left instead of right and end up mistakenly in a National Park and be committing a crime.

    Thanks again for your help.

    NRA-ILA :: National Parks to Allow Right-to-Carry
    Brady Campaign to Prevent Gun Violence

  6. #5
    Member Array JNC's Avatar
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    Found the answer to question 2....
    NRA-ILA :: Senators Introduce Bi-Partisan Legislation To Restore Second Amendment in National Parks

    It also answered my curiosity how this would be applied to Forest Service and BLM land.

    Jake
    Last edited by JNC; April 19th, 2009 at 01:33 PM. Reason: fixed my dyslexia

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    VIP Member Array NC Bullseye's Avatar
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    As for the traffic stop, if you are a passenger you do not have to advise unless you are addressed in an official manor. IE asked for ID, told to get out, told to keep your hands on the dash, etc. Best to keep your hands visible anyway so as not to create a issue.

    Remember, when you do have to declare yourself as a CHP holder, it's best not to use the word gun. For example,while having your hands on the dash or seat in front of you "Officer, I have a North Carolina concealed carry permit and I am currently carrying. How do you want to proceed?"

    This keeps any misunderstanding about guns if a second officer happens to be on the other side and doesn't here the entire conversation as well as not taking the chance the first officer doesn't hear you correctly at first. (road noise, etc.)

    As to the BLP, for now it's a no carry zone until we get the judges ruling overturned.

  8. #7
    Distinguished Member Array Bunny's Avatar
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    Oooh, I know this! (Just did the class yesterday. LOL)

    When approached by LEO in an official capacity in NC, you MUST inform. Since you weren't the driver, you may not technically have to, but it's best to do so anyhow, for the officer's safety and just in case. After all, if you were an LEO and made a traffic stop and the passenger was carrying, it would be best if you knew, right?

    No carry in national parks at the moment. I'm still waiting for the Brady folks to let me know how to "reason" with a bear or a rapist though...

  9. #8
    Member Array hdawson's Avatar
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    Cool

    Quote from the back of my North Carolina concealed carry permit:

    "It is unlawful .................................to fail to disclose to any law enforcement officer that you are carrying a concealed handgun".

    I have high respect for LEOs and the dangers they enounter every day. If, in the performance of their duties, they speak or approach me verbally, I'll disclose.

  10. #9
    Member Array Taxi Driver's Avatar
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    All National Park carry is on hold until they can do an environmental study. Who knows how long that will take.

    You know, with all that lead flying around from us CCH people ;), or at least that they are hinting at.

    The Blue Ridge Parkway is part of the National Park Service, so that is off limit right now too.
    Warning: Driver only carries $20 worth of ammunition.

  11. #10
    VIP Member Array tns0038's Avatar
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    National park carry is on hold. Since you’re not being officially, questioned by the officer, I feel that what he doesn’t know won’t hurt him.

    If you are asked to step out of the car, produce “ID” or any other legal order, per NC law, you’d best advise the officer and give him your CCL at the same time you give him your license.

  12. #11
    Distinguished Member Array svgheartland's Avatar
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    Weird technicality being the passenger in a roadblock. Technically, you were not approached by the LEO, the driver of the vehicle was approached. I probably wouldn't have mentioned it unless the LEO even looked much more than glancingly at me. This is a gray area in the way NC law is written IMO but I think acting in good faith is required. On the other hand, blurting out the CCW permit information could be a bit awkward from the back seat.
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