Im not saying i did everything right in the situation.. the gun was on my hip in a holster when i was driving still in OC position... i took it off and stuck it on my dash when i was being pulled over. I should have just given him my CCW permit with my license and never would have gotten into all of that. Its definitely a learning lesson.
The only reason i really posted on here was to figure out where i went wrong and if im open carrying in a vehicle and driving what would be the law on having to inform of my ccw permit?
Obviously i was wrong about not informing.
Why were you wrong about not informing?
§ 14‑415.11. Permit to carry concealed handgun; scope of permit.
(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. 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.
Were you carrying a concealed handgun when you were approached or addressed by the officer? NO. No requirement to inform.
IMHO, the only "error" made was any statements and harrassment made by the police officer that you must inform and could be arrested for not informing were erroneous, unless you were carrying a concealed handgun.
Under the rules of Terry v. Ohio, under which traffic stops also fall - if the officer has reasonable cause to believe the subject, lawfully detained, is armed and presently presents a danger, the officer may frisk the subject for weapons, and during a traffic stop, they may search, without warrant or consent, that area of the vehicle from which the subject may readily obtain a weapon. The officer may temporarily seize any weapons they find until such time the detainment is over, or their fears of the subject presenting a danger to the officer is relieved. In the case of a permit holder, the officer's fears should be alleviated as soon as they receive information from the state or county that the subject possesses a VALID permit.
So, from the sound of it, in this case - the officer sees the gun, has no information from the state or county yet that the subject possesses a VALID permit, he has the authority to frisk the subject, seize the weapon, and search the area of the vehicle immediately accessible from which a weapon may be readily obtained. Once he determines the subject possesses a VALID permit, he should then return the firearm and continue on with the traffic stop in a normal manner.
Notice I highlighted VALID. The officer has no indication that your pemit is valid just because you hand it to him.
BTW, It's not even a crime to not inform the officer. It is only an infraction, just like a traffic ticket, you pay the fine and move on:
§ 14‑415.21. Violations of this Article punishable as an infraction.
(a) A person who has been issued a valid permit who is found to be carrying a concealed handgun without the permit in the person's possession or who fails to disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun, as required by G.S. 14‑415.11, shall be guilty of an infraction and shall be punished in accordance with G.S. 14‑3.1. In lieu of paying a fine the person may surrender the permit.
§ 14‑3.1. Infraction defined; sanctions.
(a) An infraction is a noncriminal violation of law not punishable by imprisonment. Unless otherwise provided by law, the sanction for a person found responsible for an infraction is a penalty of not more than one hundred dollars ($100.00). The proceeds of penalties for infractions are payable to the county in which the infraction occurred for the use of the public schools.
I'd rather not be limited at all...but alas we live in the land of used to be free.
