NC Law Clarification

NC Law Clarification

This is a discussion on NC Law Clarification within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Will be traveling to NC in the near future and have been going over the State's laws, but find something a bit confusing. Concerning carry ...

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Thread: NC Law Clarification

  1. #1
    Member Array moparoutlaw's Avatar
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    NC Law Clarification

    Will be traveling to NC in the near future and have been going over the State's laws, but find something a bit confusing. Concerning carry in a vehicle, I read this, "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." Now, to my unfamiliar eyes that means that it is lawful for me as a permit holder to have a concealed weapon on my person while in a vehicle. Then I read this, "Therefore, the permittee's
    accessibility to the weapon is of prime importance. It is for these reasons, that when
    transporting a weapon in a vehicle, even greater care must be exercised to ensure that the
    weapon is not concealed, and within the ready access to an occupant of the vehicle." Now my feeble mind is baffled.

    So, my simple question is this. As a permit holder may I carry my handgun in a concealed fashion in a vehicle while I am in North Carolina? Please advise. Thanks.


  2. #2
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    I am no lawyer but I believe that if your state CC is recognized in NC, then you should be fine as long as you follow NC law while you are here. One thing that is required should you be pulled over is that you present your CC permit with your driver's license. Go to handgunlaw.us to clarify. Good luck.

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    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by moparoutlaw View Post
    "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."
    The key word in this legalese is "without". Without a permit, your weapon must not be concealed. NC is dodgy about this - and I understand LEOs have taken great liberty with what is and is not concealed. Technically, you can carry a loaded weapon in your vehicle WITHOUT a permit, you just can't conceal it. With an NC CHP or reciprocal permit, you're good to go. I often drive in NC with my handgun in a Maxpedition pack next to me.
    Last edited by MadMac; September 13th, 2009 at 01:57 PM.

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    Senior Member Array Keltyke's Avatar
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    +1 MadMac

    I've been told (by local and state NC LEOs) the best way to carry in a car without a CWP is that the weapon to be in an open-top holster (no full flaps) on the dash or in the seat beside or behind you. You may NOT have anything (like a newspaper or towel) casually thrown over the gun. If you're stopped, the LEO might confiscate the weapon for the duration of the stop. He might run the serial number while he has it. If you're legal, it'll be ok.

    In SC, without a CWP, the gun must be in a closed compartment attached to the car, like a glove box or console. Does not need to be locked. If the gun is exposed while you're reaching for your papers, you are NOT violated. However, the LEO may get spooked. That's why it's always good to tell the LEO you're carrying, so he doesn't get any little Sunday Surprises that may make him itchy.

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    Member Array tflhndn's Avatar
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    One other note: Do not simply hand your permit to the officer with you license. -

    When an officer approaches you, verbally announce that you have a permit and are armed IMMEDIATELY. Let them tell you how to proceed (I have never been asked to produce the permit).

    If you simply hand him your permit with your license, you have notifed too late and the stop will likely not be a happy one.

    As has been said, the passage you reference is written for those who do NOT have a CC permit.

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    Quote Originally Posted by tflhndn View Post
    As has been said, the passage you reference is written for those who do NOT have a CC permit.
    IMHO -- that reads like advice about others in the vehicle w/o a permit, also.

    Here in Va, (in some of the anti-RKBA local jurisdictions) there have been a few issues about a concealed weapon being in the reach of a passenger who didn't have a CHP -- especially if the driver (who had a CHP) exited the vehicle.
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    Member Array Delucas's Avatar
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    Quote Originally Posted by moparoutlaw View Post
    Will be traveling to NC in the near future and have been going over the State's laws, but find something a bit confusing. Concerning carry in a vehicle, I read this, "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." Now, to my unfamiliar eyes that means that it is lawful for me as a permit holder to have a concealed weapon on my person while in a vehicle. Then I read this, "Therefore, the permittee's
    accessibility to the weapon is of prime importance. It is for these reasons, that when
    transporting a weapon in a vehicle, even greater care must be exercised to ensure that the
    weapon is not concealed, and within the ready access to an occupant of the vehicle." Now my feeble mind is baffled.

    So, my simple question is this. As a permit holder may I carry my handgun in a concealed fashion in a vehicle while I am in North Carolina? Please advise. Thanks.

    Someone correct me if I'm wrong in this, but what that is saying is if you are permit carrier and there is another person in the vehicle with you, then don't be carrying the firearm concealed in a place where other the occupant can reach it.
    While you the permit carrier are ok, the passenger will be the one getting into trouble.
    Grassroots SC, SC CWP, NH NR-PRL

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    VIP Member Array chiefjason's Avatar
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    If the legislature put this much thought into making the laws maybe they would get better. I generally carry on my person. But I would be concerned about leaving a concealed firearm in a vehicle with someone who is not permitted if I get out. In that case I would put it on my seat or dash until I returned. In my case, my wife does not have a CCP. If I am in the vehicle, I don't worry where I put it if I am not wearing it.

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    Member Array Defensive Arms's Avatar
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    Quote Originally Posted by Armydad View Post
    I am no lawyer but I believe that if your state CC is recognized in NC, then you should be fine as long as you follow NC law while you are here. One thing that is required should you be pulled over is that you present your CC permit with your driver's license. Go to handgunlaw.us to clarify. Good luck.
    You're required to advise the officer immediately that you have a CC permit and a concealed handgun, but you do NOT present either one unless instructed to by the officer.
    "I've run across shooting after shooting where the defender shot a violent aggressor with a .380 and did little to immediately stop his depredations. A good hollow point load in 9mm or .38 Special will, historically, end lethal assaults more quickly."

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    Member Array G27owner's Avatar
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    If I have my gun on the dash or the passenger seat does it HAVE to be holstered? I don't have one yet fyi
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    VIP Member Array Majorlk's Avatar
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    Quote Originally Posted by G27owner View Post
    If I have my gun on the dash or the passenger seat does it HAVE to be holstered? I don't have one yet fyi
    A gun loose on the dash? Good luck in keeping it there going around curves and corners. It's going to be on the floor, slid under the seat somewhere when you need it.

    Same deal for the passenger seat; hit the brakes hard and it will be in the floor. Take a hard left and it will be on the floor between the seat and the door.

    Handuns should be secured to prevent such things.
    An armed society is a polite society. Manners are good when one may have to back up his acts with his life. - Robert A. Heinlein

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    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by Majorlk View Post
    A gun loose on the dash? Good luck in keeping it there going around curves and corners. It's going to be on the floor, slid under the seat somewhere when you need it.

    Same deal for the passenger seat; hit the brakes hard and it will be in the floor. Take a hard left and it will be on the floor between the seat and the door.

    Handuns should be secured to prevent such things.
    Explain that to our AG. The only acceptable place to OC a gun in a car is the dash or passenger seat. Go figure.

    G27, Before I got my CC permit I took a cheap nylon holster, pulled my passenger seat belt over and clipped it, then attached the clip on holster to the seat belt. I does not have to be holstered, but for a few bucks you can save yourself lots of headaches. Chasing and grabbing a loose unholstered Glock is asking for a ND. IMO

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