I didn't look it up, but if I recall correctly, the statute is when approached or addressed in an official capacity, or at least that is the official interpretation of it, which excludes things like checkout lines.
Concealed carry inside a car
- Thread starter a__l__a__n
- Start date
- Replies 88
- Views 2,360
Carlos Danger
Active Member
So just because you have a permit in NC means that cops can search your vehicle and home at any time for any reason without your consent and without a warrant or probable cause?
I think you are mistaken about both the law and, more fundamentally, what it means for something to be a "right".
Last edited:
My apologies. That's probably an issue on my side with the security screening stuff.
The document is titled "North Carolina Firearms Laws" and it's drafted up by the NC Attorney General. It's a pdf.
If you google "North Carolina Firearms Laws, attorney general", you'll find a link to it that starts with "ncsheriffs.org".
I tried going to the ncdoj dot gov site to see if it's there, or a newer version, but I'm not having any luck...it's slow going with the work connection.
Last edited:
I see that you’ve intentionally left open the question of a pistol in a glove box being considered carried or not. I believe that a pistol out of sight but within reach is being “carried concealed” just as a pistol in a purse or bag sitting on the bench next to you at lunch is being “carried concealed.” Doesn’t need to be on your person to qualify. I’m not a lawyer.
Costs nothing so I’d always respond giving the location, be that on my person or elsewhere in the passenger compartment.
You're thinking of the wrong Right. By paying for the permit to exercise your 2nd amendment right, you have waived your 5th amendment right to remain silent. 4A is not affected.
Carlos Danger
Active Member
I didn't misunderstand anything. My original comment on this thread was directly in response to the suggestion that a person was able to decline requests to search their vehicle. That isn't affected by possessing a concealed carry permit.
Sorry, you were talking about an unlicensed carrier of a concealed weapon, such a person has no notification requirement.
@JBoyette was pointing out that a licensed carrier of a concealed weapon has waived the right to remain silent on this one narrow issue.
I think we’re all in violent agreement.
As a Commercial Vehicle driver, it's not always possible to avoid them. If got pulled for an inspection, when they would come to the truck, I'd give them my license and permit at the same time. Never an issue.
Carlos Danger
Active Member
Funny how that works. There's a lesson in that for all of us, I think.
NCLivingBrit
Well-Known Member
2A Bourbon Hound 2024
2A Bourbon Hound OG
Supporting Member
Multi-Factor Enabled
So don't wave it out the window shouting "I've got a gun!"?
Nope. NC is exceptionally vague about this. I remember this being the subject of more than one conversation on CFF over the years. Possibly going as far back as The Site That Shall Not Be Named.
The exact verbiage from NC Statute 14-415.11 is:
"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."
The logical context is that it's in an official capacity. However, the strictly written law does not say this, nor is it otherwise defined anywhere in the NC statutes. This is what's known as "the letter of the law", meaning the strictly written law. How that's interpreted can vary depending on several factors, such as how the officer interprets it (is he overly concerned about private citizens with firearms or not), how the prosecution interprets it (they want a conviction on this), how the defense attorney interprets this (who does NOT want a conviction on this), how a jury interprets this (based on both individual interpretation and how the law is interpreted for them by the court), etc.
Even in the North Carolina Firearms Laws pdf in my previous post provides no more clarification on this and has this to say on page 21:
"Not only must the individual carry the permit along with proper identification whenever the handgun is being carried concealed, but he/she must also inform any law enforcement officer who approaches him/her that he/she is in possession of a permit and a concealed handgun."
It, too, does not explicitly state that the approach is in an official capacity.
Based on anecdotal stories from others on this site on exactly this thing, it would seem that the majority of NC officers do not personally interpret this to mean casual, non-official encounters such as standing in line together at the local Wawa. But I'm willing to bet there are some who WOULD interpret it exactly so. And if you are the subject of such an encounter, it's pretty much a given that there's going to be some kind of legal expense involved in dealing with it.
It's much the same as what "concealed" meant in SC until recent changes in SC statutes having to do with open carry. It used to be open carry was not legal in SC and since there were no explicit legal distinctions between the two which defined any gray areas, you COULD have found yourself in hot water depending on how particular any given LEO felt on the subject. If you were concealed carrying and a person could tell in any way that you were carrying a firearm (whether by inadvertent exposure or even simple printing), then you could have been cited for not carrying your firearm concealed (open carry). (This as explained by the detective who gave my concealed carry class many years ago.)
This is now my Quote of the Week.
No, no...that's a perfectly good statement which is short and to the point. Could be better if it were "I've got a permit with this gun!" because it would punch both tickets...permit and gun.
However, waving it around and screaming "BACK OFF, PIG!" is a strict no-no, because it doesn't clearly inform the officer you have a valid permit and are carrying a firearm.
Last edited:
Dale Gribble
Can't starve us out; Can't make us run
Charter Member
Supporting Member
Multi-Factor Enabled
beavershooter
Active Member
It all depends on the stupidity of the cop!! Hi lights drunk check license check in Tyrrell County, pull up to stop am getting out my ID info ect to show to cop no 1 it's dark cop no 2 is snooping around with flashlight ,shouts hey is that a gun, well yea the butt of my ruger 22 is sticking up from the console. I have my cc and I'd in my hand ,if it can be seen by the snoopy cop it ain't concealed, right? After a bunch of discussion they give me a ticket for not telling them fast enough ,the lawyer I had to hire ($300)had to look up the statutes, no fine but 10 hours community service . Ho by the way they knew I was cc because it's tied to my driver's license in NC. And there were 3 other handguns and 6 long guns that the keystone cops never looked for or asked if I had any other firearms in the truck
Last edited:
I thought I answered this question for you when replying to your post in the Welcome Forum.
"Welcome to the forum. As to your questions about carrying when in a car, you must have us confused with some of the communist states like Maryland and New Jersey, etc. You just need to have your drivers license and carry permit ready to show the officer and announce that you are carrying if you are. No need to announce if not carrying. As for your wife, North Carolina is an open carry state and if stopped, simply put the weapon on the dash, in plain site, pointed toward the side the officer is not approaching from."
Perhaps you did not read it.
"Welcome to the forum. As to your questions about carrying when in a car, you must have us confused with some of the communist states like Maryland and New Jersey, etc. You just need to have your drivers license and carry permit ready to show the officer and announce that you are carrying if you are. No need to announce if not carrying. As for your wife, North Carolina is an open carry state and if stopped, simply put the weapon on the dash, in plain site, pointed toward the side the officer is not approaching from."
Perhaps you did not read it.
I think it puts the cops at ease, actually, nobody will tell the cop he is packing and then try to shoot the cop and they know that. I had a few of those encounters and I could almost visible see them relax.
Similar topic
You are correct, of course,
To be fair, these types of letters are almost ALWAYS a statement of interpretation/clarification by the Attorney General, as opposed to simply a reiteration of the statutes in question. In fact, they may be generated because of questions directed to the AG's office.
It's a heads up on what one could expect if one was charged with a criminal violation of a statute. It also would give a defense attorney an insight into what to expect and how to work his defense around, as well.
Unfortunately, there are plenty of anecdotes to the opposite as well. The topic comes up frequently and I remember one where the guy said he notified, even when not required, for that reason and it caused things to go sideways. Consequently, he said he won’t do that anymore.
My personal favorite experience involving law enforcement and a "weapon" in the car was when I was in Virginia, driving back to work in the wee hours of the morning from my oldest brother's house, where I had been using his workshop to make a cannon carriage. Virginia is not a must inform immediately state.
I got pulled over about 2 in the morning by a State Trooper because I was tired and had drifted over the line a couple times.
I pulled over, rolled my windows down, and she came up to my window and told me the reason why she had pulled me over and asked if I had been drinking. Then she asked me if there were any weapons in the car that she needed to be aware of as she swept her flashlight through my vehicle.
I turned my had to the right and looked at the six foot long cannon barrel I had laying across the fully reclined passenger seat as her flashlight beam stopped on it, then looked back at her and asked "Would you believe me if I said "no"?"
Her eyes got big and she said "Is that a CANNON?"
That started the whole carbide cannon project conversation, which I was working on in preparation for the upcoming July 4th celebration.
In the end, she ran my information, came back and told me I was free to go and if I got tired to be sure I pulled over somewhere to be safe so I wouldn't get in an accident.
I'll bet to this day she remembers that encounter!
I got pulled over about 2 in the morning by a State Trooper because I was tired and had drifted over the line a couple times.
I pulled over, rolled my windows down, and she came up to my window and told me the reason why she had pulled me over and asked if I had been drinking. Then she asked me if there were any weapons in the car that she needed to be aware of as she swept her flashlight through my vehicle.
I turned my had to the right and looked at the six foot long cannon barrel I had laying across the fully reclined passenger seat as her flashlight beam stopped on it, then looked back at her and asked "Would you believe me if I said "no"?"
Her eyes got big and she said "Is that a CANNON?"
That started the whole carbide cannon project conversation, which I was working on in preparation for the upcoming July 4th celebration.
In the end, she ran my information, came back and told me I was free to go and if I got tired to be sure I pulled over somewhere to be safe so I wouldn't get in an accident.
I'll bet to this day she remembers that encounter!
NCLivingBrit
Well-Known Member
2A Bourbon Hound 2024
2A Bourbon Hound OG
Supporting Member
Multi-Factor Enabled
I still want to do a broadside out of a van one day. You could have one in the open door, make a gun port for a second and have a swivel gun on a trailer hitch.
SmokeynoBandit
Member
LEO here in NC. You should be perfectly fine concealing the firearm on your person or in your vehicle while traveling so long as you have a valid concealed carry permit along with your ID.
If stopped for whatever reason, just immediately notify the officer that you have a concealed handgun permit, and concealed handgun in the vehicle!
Watch out for Barney .
I have heard of a few as well (the ones I saw were mostly from places that are fairly anti 2A to begin with) which is why I gave me own experiences. There is always some horror story but they are probably outliers.
In my experience the driver of a car is responsible for anything in the passenger compartment excluding items on or in the person or personal effects of a passenger. Example is a joint in a passengers pocket is charged to the passenger with said joint. Illegal material in the passenger compartment not under the control of a passenger is the responsibility of the driver. So if the wife in the passenger seat(s) and there is a weapon in the glove box that comes down to a question of is the driver legally able to own a weapon. If he gets out at aa gas station to use the rest room and wife stays in car (yeah that never happens) the weapon is not of her fault. Now if there is a weapon in the car and she is legally prohibited from a weapon it comes down to a question of does she know it is there. I suggest calling an attorney who specializes in firearm laws. I only know of one personally and he is in Winston-Salem and he is awesome to say the least. He might be able to clear things up over the phone. Contact me if you would like his name. Hope this helps
Oh the Barney Law. I believe that is where you have to carry your weapon empty but are allowed to keep one bullet ln
your shirt pocket, but cannot load it in the weapon without prior approval of the sheriff?
Last edited:
The only time I have been stopped with my CC and a firearm ended up with a great story:
I was driving around at night in Lancaster, SC while a buddy from New Jersey and I were working late at night on a race vehicle. And when I say NJ, I don't mean rural Southern Jersey, but the gritty, grimy part of Jersey across the river from NY. We get stopped, and a REALLY young officer comes to the window and lets me know he is stopping me because I had a headlight out. My NJ buddy was freaking out, as he knew I was carrying, and he is conditioned to expect a certain type of interaction whenever cops and handguns are involved. I immediately let the officer know I was carrying and had a CC, even though I was not required to do so as SC had not passed the requirement to disclose law at that point. My friend was dumbfounded that I told him.
The officer doesn't even flinch, says nothing about the gun stuff, and goes back to his car with my ID, etc. A few minutes later, he comes back to the window, gives me an equipment violation warning notice, says "Sir, I would like to thank you for exercising your 2nd Amendment rights. America is a better place because of citizens like yourself," and sends us down the road.
After he drove off, my friend sat there in total silence for a bit, then looked at me and said "We truly do live in different countries, don't we?"
Last edited:
Being from NJ I am wondering if he had the thought in the back of his head wondering when that weapon would take over your mind and cause you to go on a rampage. Not to insult you or your friend mind you but as a whole speaking of that area up there they believe guns are mind control agents that change people just by owning one.
Last edited:
Not even close.
He has guns. He had one in his motorhome when he came down that week, I gave him some rounds for it. It is the difference in police attitude that he wasn't prepared for.
If you are from Jersey, then know he was born and raised in Paterson. That should give you some perspective on his mentality and life experience.
My brother in law also from Patterson.
My last interaction with a duty to inform was the time I encountered a ladder falling off a truck on I40 near the JR outlet, and my only option was to stop and the lady behind me wasn’t quite able to. I told the SHP guy I had a firearm that was originally between the seats but went somewhere in the back upon the impact. He was non plussed about it. The lady that hit me was a nurse on her way to work at Rex and whose biggest concern was checking me out to be sure I wasn’t injured.
It doesn't put any other qualifiers on it.
I'm friends with a retired deputy and he said that in the past he has had people cross the street to come up to him and let him know they were carrying concealed. Said he told them that he did not care. (They walk among us.)
You are right about most law enforcement officers and the way they take care of business once they discover that you are a concealed carry permit holder and you have a firearm in the car. I've been pulled over five times since I got my CCW permit back in 2008 and did have one interesting interaction a couple of years ago at the beach. After I told this police officer I was a concealed carry permit holder and I had a gun, he then took my Glock 26 out of the truck and dropped the magazine after clearing the chamber. He put the gun on the hood of my truck. I kept my cool because I had been speeding and wanted to avoid a ticket, which I did, but I was a bit perturbed by what he did. He gave me back my pistol and gave me a warning to watch my speed.
Last edited:
I had a cop back in AZ in and around 92' unload my entire magazine and hand 18 rounds, the empty mag and the pistol back to me. I was speechless, good thing because what would have come out of my mouth would have certainly become a problem for me.