Transporting on school property-NC

This is a discussion on Transporting on school property-NC within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; If I find myself on school property (or anytime that I don't want to carry concealed ex. dinner with friends and had a beer or ...

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Thread: Transporting on school property-NC

  1. #1
    Member Array JNC's Avatar
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    Transporting on school property-NC

    If I find myself on school property (or anytime that I don't want to carry concealed ex. dinner with friends and had a beer or driving through National Park) am I legal if I store the mag and ammo in the middle console of my car and lock the un-loaded pistol in my glove box?

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    Member Array ncglock's Avatar
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    handgunlaw.us always seems to be a great source of info.

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    INAL and North Carolina law is vague and open to interpretation in this situation I would recommend storing both the weapon and ammo in the trunk instead.

    http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

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    New Member Array Scullinator's Avatar
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    In TN I have been told that the only "legal" way is to put your wepon in transportation mode. That's where the gun is as far as you can get it from the ammo. i.e. gun in glove box, ammo in trunk... or behind the truck seat as it would be ignorant to expect a responsible gun owner to put ammo in the truck bed.

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    Member Array user's Avatar
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    Assuming NC has a concealed carry permit statute that requires a background check, AND NC law has a provision that allows you to carry at schools at all if you have such a permit, then you can do what NC permits. I don't know about that, I'm not an attorney in NC.

    However, as a matter of fed law, any possession of a firearm of any description is prohibited within one thousand feet of the outer boundaries of the property upon which a school sits. There are exclusions, and one is for folks having such a concealed carry permit.

    You can't be wrong, though, by locking the gun itself, or in its own box, unloaded, in the trunk or other place that's inaccessible from the driver's seat. You're still "in possession" of a concealed weapon if it's within reach, whether in a center console or glovebox.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

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    Member Array JNC's Avatar
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    Yeah, I’ve read the statue, the brief from the AG, and I have checked the handgun law site. The reason I ask is it does seem very vague. The way I read the handgun law site , this is probably ok, but could be open for interpretation.

    Here is the scenario:. I drive either a pickup truck or a station wagon. Neither has a trunk. I feel locking an unloaded gun in the glove box is better than storing the gun in the back seat, because it is not in my convenient control or easy reach when stored in this manner. Nor is it out in the open for someone to see and either steal or freak out.

    I have to deal with driving on the Blue Ridge Parkway which is a National Park for about 5 miles frequently. I also live near a large college campus and often my business takes me onto school grounds.

    How would you recommend that I transport during these occasions?

    And even though I rarely drink, if I go to dinner with friends 1) where would you store your weapon while in the restaurant and 2) if I had a drink how would you transport the weapon upon returning to the vehicle? (note: I may have one beer with dinner but beyond that I would not drive. And to be honest I don't do that very often. But even with one beer I do not want to carry concealed)

    I'm thinking I should purchase a COM safe. Then I can pull over- put the gun in the safe- lock it- and store it in the back seat.

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    New Member Array Scullinator's Avatar
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    I LOVE the blue ridge parkway!!!

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    Member Array JNC's Avatar
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    Quote Originally Posted by Scullinator View Post
    I LOVE the blue ridge parkway!!!
    Me too!

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    Member Array grandma4's Avatar
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    I have been told that even in a car if you are on school property you are in violation in NC. I specifically ask a LEO about that because I have to pick my grandkids up from school once in a while and when I do i'm coming from my job traveling in my territory. I always carry, so I have to go to my daughters, drop off my weapon, then on to school. He is a family friend and is up on the hand gun laws. He also teaches a safety class at the local college.
    Areas Where Weapons Are Prohibited
    1. Schools
    North Carolina General Statute 14-269.2 provides that it is a Class I Felony
    for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol,
    or other firearm of any kind, on educational property or to a curricular or extracurricular
    activity sponsored by a school. It is also a Class I Felony, for any person to
    cause, encourage, or aid a person who is less than 18 years old to possess or carry,
    whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on
    educational property. This particular violation does not apply to BB guns, stun guns,
    air rifles, or air pistols.

  11. #10
    Member Array grandma4's Avatar
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    Just called the sheriff and he said it is a sticky question but IN our county, he would consider it as being ok if locked in a com safe in the trunk of the car. Plus if you think about it, no one would be authorized to search you vehicle without cause anyway so it would be 1. authorized as per sheriff as being ok in com safe, and 2. so totally unlikely to have your vehicle searched.

    I would call the local sheriff in the county that you are going to be in that situation to get his opinion as it seemed to be a matter of the person's take on the reading of the law. I would say we have very common since sheriff in our county and is very supportive of CCL.

  12. #11
    Member Array tflhndn's Avatar
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    No weapons on scool property in nc!!!

    Quote Originally Posted by JNC View Post
    If I find myself on school property (or anytime that I don't want to carry concealed ex. dinner with friends and had a beer or driving through National Park) am I legal if I store the mag and ammo in the middle console of my car and lock the un-loaded pistol in my glove box?
    For everything except school property you should be good to go, but:

    DO NOT CARRY ANY FIREARM ON SCHOOL PROPERTY IN NC

    There are very few exceptions to this, and if you have to ask yourself the question, the answer is NO!

    Even having a firearm in the trunk of your car, unloaded, locked in a case is a crime. (see below for reference)

    Concealed Carry permits do not exempt the bearer from the provisions of NCGS 14-269.2

    14‑269.2. Weapons on campus or other educational property. (EDITED FOR RELEVANCE AND BREVITY)

    (a) The following definitions apply to this section:

    (1) Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.
    [snip]
    (b) It shall be a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school. . .
    [snip]
    (f) Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:
    [snip]

    (3) The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.
    The cause of much confusion is the line bolded below:
    (g) This section shall not apply to any of the following:[snip]

    (1a) A person exempted by the provisions of G.S. 14‑269(b).
    But that does not give CHP holders permission to carry on school grounds, it says those people who do not need a CHP to carry concealed may carry on school grounds, i.e. LEO, Active duty military on orders to carry, etc.

    Good luck, stay safe and stay legal

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    VIP Member Array NCHornet's Avatar
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    May I recommend you join Grass Roots Of NC, we are working hard to get some of NC crazy gun laws changed. Many of these laws were written long before we had CC in NC, this is just one of the many.

    NCH
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
    NCHornet

  14. #13
    Member Array user's Avatar
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    Also, while on the Parkway, at present, one must have the gun secured, unloaded, and out of possession. The new Park Service concealed carry rule has been suspended (unlawfully in my opinion), by a USDC judge in Washington DC. The Rangers aren't treating that as if there were no rule in effect, now (which is what I think is the legal situation), but as if the old rule never went away.

    I'd be willing to defend you if you were arrested for possession on park lands, but it would cost more than it's worth.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

  15. #14
    VIP Member Array NC Bullseye's Avatar
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    As stated by earlier posters, guns on educational property is illegal no matter how or where it's stored in the vehicle. It will cost you at least your CHP and possibly your right to own firearms depending on where it is and how grouchy the LEO is.

    As for the BRP, this to is a sore spot. To be legal you have to unload and lock it up as others have said.

  16. #15
    Member Array divkat9's Avatar
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    About a year ago a parent was arrested in Pitt county for carrying concealed on school property. Charges were dismissed because according to the report "there was no ill intent"

    ETA- the book says it's illegal, this particular person got lucky.

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