correct open carry in car
- Thread starter jg1967
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jlamb
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Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant to ensure that 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 concealed handgun permit. Therefore, the person'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. North Carolina law does not specifically address how to transport a weapon in an automobile. Therefore, the central question becomes: when is the weapon concealed and readily accessible to an occupant of the automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in violation of our law, if it were placed in such areas of a vehicle as, under the seat of the automobile; in a bag in the back seat; in an unlocked glove compartment; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. A previous opinion from this office was that a weapon would not be concealed if it were placed in a locked glove compartment, unless the key to the glove compartment was in the lock and the person was in close proximity and had ready access to it. A concern with this mode of transportation however is that it is quite susceptible to different interpretations, based on the various factors involved. Therefore, this may not be the most legally defensible method of transporting a weapon, and is discouraged.
While a weapon carried openly in an automobile would not be concealed, there are other problems attendant to this method of carrying a weapon. The principal drawback, of course, is in the event of a person being stopped by a law enforcement official, the officer may not readily know that person's purpose and intent for carrying a weapon. As such, it is imperative that a person immediately notify an officer of the presence of any weapon in the automobile, for the officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons applies not only to handguns and other weapons commonly thought of as being easily hidden, but also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup trucks, and elsewhere in other vehicles, could similarly violate our law.
As to those vehicles with no easily discernible trunk area, for example vans, the question turns 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 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 a vehicle to ensure that the 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 the driver of a vehicle.
Note: In NC you can carry the firearm loaded and in your vehicle without any type of permit/license as long as it is visible. The law says you can’t conceal it. So keep it in the open and you are legal.
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So practically speaking your choices are to either have the gun sit in the passenger seat and get the officers Glock rammed in your ear when he sees it and freaks out or have it in your holster and possibly be charged with carrying concealed without a license .... hmmm .... that seems like a lot of bad choices. I think I stay away from that and rather wait for my concealed carry permit.
Cocked _and_Locked
Banned
30-06 on the rack in the back window of the pickup works for me.
jlamb
New member
I don't blame you. Better to err on the side of caution than get into a "gray" area. I transport mine in the trunk for the time being.
I carry openly everywhere. I also have a lead foot, so I've had several experiences with NC LEOs, both local cops/sheriffs and state boys. if the gun is not holstered on your body make sure its in plain view like on the seat next to you. if its on your hip leave it there. put both hands on the steering wheel and as soon as Smokey shows up at your window you say "Officer, I am openly carrying a firearm"
99% of the time the cop will ask where, TELL them, DON'T show them. then go from there. in my experience they take my gun and run it to make sure its clean. no big deal, it's "for my safety as well as his" I get it back at the end usually with only a warning if that. knock on wood I have never gotten a ticket while carrying a firearm. just be polite and do what the cop asks, within reason obviously.
P.S. the greener the cop, the harder the time you are gonna have, I guess it takes them a couple of years to figure out that they shouldn't be the only ones with guns and that we are all on the same side.....
99% of the time the cop will ask where, TELL them, DON'T show them. then go from there. in my experience they take my gun and run it to make sure its clean. no big deal, it's "for my safety as well as his" I get it back at the end usually with only a warning if that. knock on wood I have never gotten a ticket while carrying a firearm. just be polite and do what the cop asks, within reason obviously.
P.S. the greener the cop, the harder the time you are gonna have, I guess it takes them a couple of years to figure out that they shouldn't be the only ones with guns and that we are all on the same side.....
moyockdiesel
New member
Got my CHP...Can I legally carry concealed while driving my truck?
Just got my NC CHP...and after doing some searching around I want to know whether I'm legal to conceal carry while driving down the road. I'm confused about the definition of the law.:wacko: Also, since VA is a reciprocity state (my bordering state) is it legal to drive while concealed there also?
Just got my NC CHP...and after doing some searching around I want to know whether I'm legal to conceal carry while driving down the road. I'm confused about the definition of the law.:wacko: Also, since VA is a reciprocity state (my bordering state) is it legal to drive while concealed there also?
sFe
New member
Yes and yes. Just because the state shares a border doesn't mean it is reciprocal though. Take a look at the maps and laws available on this site. With a permit in VA you can have the gun in the car how you please as in NC, though in SC it needs to either be attached to you or in a closed container basically.
moyockdiesel
New member
I've read about a bunch of ppl on here say that when they open carry in a hip holster, they put the gun in the passenger seat cuz when they shut the door and the gun is on their hip it becomes concealed carry. has anyone been told this by a cop, or gotten in trouble this way? I almost never take my gun off while driving, no cop has ever given me a hard time about it, yet
jlamb
New member
I've wondered about this as well. My earlier post in this thread was from handgunlaw.us, and they don't mention this subject. I recently started OC'ing and am worried that my body and center console obstructs the view of my holstered handgun thereby becoming concealed. I'm not in the habit of getting pulled over, but I suppose I'll see what happens if I do.
I get stopped....A LOT! (lead foot syndrome) and have been through 3 ID checks this month alone, every time OCing with my gun holstered on my hip. I state that I am OPENLY carrying a firearm on my hip. I am yet to be given any grief about weather or not its concealed....this is just my experience
mrjam2jab
New member
How is "running the numbers" for anybody's safety???? What reason are they "making sure it's clean"?
I'm a complete stranger to this officer who is stopping me. I'm carrying a gun openly for which there is no license needed. from the officer's perspective I totally understand where he is coming from. the gun doesn't have to be mine, but it has to be clean, ie not stolen or used in a shooting. most officers know enough about guns to safely unload it and handle it. however i have had a few that had no idea what they were doing, in those situations things got a little heated....
an officer has the right to take your firearm during a stop/while you are detained if they so choose to. after all is said and done, they must give it back
NCjones
New member
Well, I seem to dissent with the general belief here.
I've carried for 25 years on my hip in a car and never gotten a problem. If it is on your hip and not covered by a shirt, jacket, etc. it is "openly carried".
Read STATE V. HUNTLEY remarks by the judge. A pistol carried in a holster on the hip is not concealed. When I get pulled over I just have my hands on the wheel and tell the cop I have a handgun on my right hip. If you keep your wallet in your right back pocket and your piece is on your right side, be sure that you tell him this before you go reaching for it. Once or twice the cop has asked me to step out of the car and he has taken the handgun while I get my DL. Once it's all over he'll give back the DL and the gun (assuming you aren't a crook).
I'm sure if carrying a gun in a holster on your hip while driving was "concealed" I would have been in jail a long time ago.
I've carried for 25 years on my hip in a car and never gotten a problem. If it is on your hip and not covered by a shirt, jacket, etc. it is "openly carried".
Read STATE V. HUNTLEY remarks by the judge. A pistol carried in a holster on the hip is not concealed. When I get pulled over I just have my hands on the wheel and tell the cop I have a handgun on my right hip. If you keep your wallet in your right back pocket and your piece is on your right side, be sure that you tell him this before you go reaching for it. Once or twice the cop has asked me to step out of the car and he has taken the handgun while I get my DL. Once it's all over he'll give back the DL and the gun (assuming you aren't a crook).
I'm sure if carrying a gun in a holster on your hip while driving was "concealed" I would have been in jail a long time ago.
NCjones
New member
BS. Anytime a handgun's serial number is run it goes into a federal database.
So even if you bought it from a friend and didn't have to fill out the 4473, if a cop runs the serial # during a traffic stop, you're connected to it. Even if he gives it back and sends you on your way without a ticket.
Well, I am glad this works well for you. But I simply can't afford to even have that go to court and I don't want to have to rely on one either (you never know with courts). So for me the CCW permit was a better choice even though I agree with you on principal.
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