Legals of truck gun being loaded

Pink_Vapor said:
Good to know, after the TX shooting I picked up a lower and I'm going to build what I thought was stupid, an AR pistol.
Not so stupid since it'll work as a CHP and I can get away with shouldering it if the SHTF.
Now I'm looking for a good priced 300BLK 8" upper or barrel, and a murse for church carry.
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Yep, CHP and brace make AR pistols very practical, particularly 300BLK that works well in very short barrels.
If only HPA had passed before everything went to crap, and I could keep a $100 commodity suppressor on a vehicle gun.
That would have been perfect. I do not like firing rifles out of cars (in 3 gun matches) even with double ear pro.

Just don't leave your bag behind at church by accident. Some finders would think it's really cool, some would panic :)
 
JimP42 said:
Yep, CHP and brace make AR pistols very practical, particularly 300BLK that works well in very short barrels.
If only HPA had passed before everything went to crap, and I could keep a $100 commodity suppressor on a vehicle gun.
That would have been perfect.
Just don't leave your bag behind at church by accident. Some finders would think it's really cool, some would panic :)
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Yup, if the ATF would have allowed the shoulder contact with a brace earlier, I wouldn't have SBR'd my 300BLK (avatar).
I'd be way to paranoid to let the bag get more that 2' from me, I'd probably *shudder* get past sporting the metro look for the additional security of others.
 
pirate said:
JR Horne...You lost that argument in the original post brother, don't start this nonsense again, just give it up.

Thousands of people who hunt and shoot regularly in NC carry cased longuns in their vehicle all the time. I have been stopped several times on hunting trips or on the way to/from shooting over the past 30 years , many times with several long guns in the truck and never had any issues with the LEO's be they State Troopers or local LEO's. So most of us will continue to act a free men, you just do as you see fit.
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Lost the argument? There is no argument, only adults stating facts and opinions. Your specific experience sets no legal precedence nor established any immunity for anyone, including yourself in the future. That's like arguing because I chose to speed, if anyone else knew I did and didn't get pulled over, then they themselves got pulled for speeding, they shouldn't get a ticket. Or if I speed in the future, I should never get a ticket because I haven't been ticketed in the past.

So as I have stated time and time again, I will continue to make sure people have all the facts they need when I can help, especially when some like you only prefer to say "well I've never had a problem so you'll be fine too."

Don't like it? Exercise your freedom and get out of the thread or stop acknowledging my posts. Simple enough!
 
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Mad Mallard said:
View attachment 28869 If you’re looking for a case for keeping an AR-15 as a truck rifle then I would give a look at the larue tactical covert rifle case. I have one and it’s great but the only problem is that for a 16” barreled AR, you have to take the upper off from a lower. I figure if I get stopped by the law then there shouldn’t be anything said about having a rifle that is disassembled in a case.
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I've seen his case and it is very innocuous looking. I like it, even if one does have to separate the lower from the upper...It'd be great for vacation, blends right in with the rest of one's luggage.
 
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JRHorne said:
Lost the argument?
So as I have stated time and time again, I will continue to make sure people have all the facts they need when I can help, especially when some like you only prefer to say "well I've never had a problem so you'll be fine too."
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I don't know how the rest of us have gotten along all our lives without your opinions and ability to cut and paste, its really amazing..........
 
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John said:
Has LE ever questioned having two concealed handguns? I've wondered about having more than one, but haven't seen it addressed.
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I've been stopped with four loaded handguns in the passenger compartment before, no issues.
 
B00ger said:
Correct me if I am wrong though, can you have it in a case concealed? Lets say I have a friend that has an AK with a folding stock, could it be kept in a small rifle bag in a storage compartment in back of my SUV?
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If it is in a case, you are transporting it, not carrying it. Good to go imo.
 
pirate said:
I don't know how the rest of us have gotten along all our lives without your opinions and ability to cut and paste, its really amazing..........
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Guess you're lost on the concept of attempting to help others, or the fact that the OP was seeking guidance. Much like I suggested to Ikarus1 earlier in the thread, if you're such a free man, feel free to ignore my posts at anytime. So far, my cutting and pasting has been more valuable than anything you've posted in this thread.
 
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JRHorne said:
Guess you're lost on the concept of attempting to help others, or the fact that the OP was seeking guidance. Much like I suggested to Ikarus1 earlier in the thread, if you're such a free man, feel free to ignore my posts at anytime. So far, my cutting and pasting has been more valuable than anything you've posted in this thread.
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This thread will be the reason why my sub2k goes for sale. We can hardly agree amongst ourselves and I'd rather not argue the interpretation of the law with a leo, judge, or prosecutor.

Looks like my scorpion is now on backup duty.
 
So, open carry a rifle in the truck, or basically several steps to get it.

Truck is an extended cab, my thoughts were to keep it under the back seat. I thought tool box, but the locks are stingy on those and I dont usually lock it anyway (if someone is going to steal my spare oil and ATF then I guess its theirs lol) It sounds like under the back seat, since I may have people in the back seat, is not the best place to put it, at least not cased. I do have a basic case, but its a dick's special plastic case.
 
amnesia said:
This thread will be the reason why my sub2k goes for sale. We can hardly agree amongst ourselves and I'd rather not argue the interpretation of the law with a leo, judge, or prosecutor.

Looks like my scorpion is now on backup duty.
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Again, IF IT WERE ME, and it was important to me to have a long gun easily accessible while in the vehicle, I would just make sure it wasn't concealed. In the other thread, using Pirates example case, I believe you could just unzip and pull it out of the bag, lay it on the bag in your seat, and then when you arrive, you put it back in the bag and be on your way.

It has to be both concealed and within reach to be a problem. So either leave it in reach and unconcealed, or conceal it out of reach (trunk, rear cargo area).
 
Correct me if I am wrong please, but my understanding of the law as it regards to concealed and/or within reach applies to handguns not to long guns. I was of the impression that long guns must be stored and transported as per federal regulations in a locked case separate from ammunition.

Edit: never mind, I just found the reference and it refers to firearms in general not just handguns.
 
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JRHorne said:
Again, IF IT WERE ME, and it was important to me to have a long gun easily accessible while in the vehicle, I would just make sure it wasn't concealed. In the other thread, using Pirates example case, I believe you could just unzip and pull it out of the bag, lay it on the bag in your seat, and then when you arrive, you put it back in the bag and be on your way.

It has to be both concealed and within reach to be a problem. So either leave it in reach and unconcealed, or conceal it out of reach (trunk, rear cargo area).
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Mine stays folded up in the rear cargo area where the spare tire goes. It's truly for a in case shtf scenarios.
 
I know the "legal experts" in this thread have been sharing their learned opinions with us dilettantes, much in the same fashion as the Local Gun Store Experts prove they're wrong at the top of their voices, but the following is the actual law, word for word, concerning the transportation of handguns and long guns in NC. Period.

Accordingly, a bit of it is as clear as mud....HAHAHA!

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

Section D, pg.25.

" D. Transporting Weapons
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. Therefore, the permittee's accessibility to the weapon is of prime importance. It is unlawful to transport a weapon (absent a proper permit) that is BOTH concealed and readily accessible to a person. 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 an automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in violation of North Carolina 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; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. It is our recommendation that firearms should not be carried in a glove compartment regardless of whether the compartment is locked or not.

While a weapon carried openly in an automobile would not be concealed, there are other problems specific to this method of carrying a weapon. The principal drawback, of course, is in the event of an individual being stopped by a law enforcement official, the officer may not readily know that individual's purpose and intent for carrying a weapon. As such, it is imperative that an individual 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 North Carolina law.

As to those vehicles with no easily discernible trunk area (e.g., SUVs, vans, etc.), it becomes 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/her 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 any vehicle to ensure that 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 drivers of any vehicle."
 
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MadMardigan said:
It’s a CHL Concealed Handgun License. Does not apply to knives, rifles, or anything other than handguns.
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While the CCP doesn't pertain to anything other than handguns, there are NC laws that do cover such things.

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

Section III. A, pgs 11-12.

III. POSSESSING AND CARRYING FIREARMS
A. Carrying Concealed Weapons

North Carolina law strictly controls the ability of individuals to carry weapons concealed. Except under the limited concealed handgun permit provisions of State law, described in Sections III. B. and III. C. of this publication, and the exemptions set out below, it is unlawful for any person in North Carolina, except when on his/her own premises, to willfully and
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intentionally carry concealed, either on or about his/her person, any "Bowie Knife, dirk, dagger, slungshot, loaded cane, metallic knuckles, razor, shurikin, stungun, or other deadly weapon of like kind." Specifically exempted from the requirements of this law are ordinary pocket knives carried in a closed position. An ordinary pocket knife is defined as being "a small knife, that is designed to be carried in a pocket or purse, which has its cutting edge and point entirely enclosed by its handle. The knife must not be capable of being opened by a throwing, explosive, or spring action." N.C. Gen. Stat. § 14-269.
Whether, in a given case, a weapon is concealed from the public is a question of fact. By using the phrase "concealed about his or her person," this law makes it illegal to have a weapon concealed not only on a person, but also within a person's convenient control and easy reach.

Section VIII, FAQ. L.

"
L. IS A FULLY FUNCTIONAL SMALL PISTOL OR KNIFE WHICH IS DESIGNED TO FIT INTO A BELT BUCKLE CONSIDERED CONCEALED IN NORTH CAROLINA?
ANSWER:
Yes. Gun and knife belt buckles described above falsely give an impression of being ornamental in nature. As their nature and purpose is concealed and misleading, coupled with the weapons' immediate and ready accessibility to the wearer of such a belt buckle, they would be considered concealed. "

 
SLM said:
While the CCP doesn't pertain to anything other than handguns, there are NC laws that do cover such things.

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

Section III. A, pgs 11-12.

III. POSSESSING AND CARRYING FIREARMS
A. Carrying Concealed Weapons

North Carolina law strictly controls the ability of individuals to carry weapons concealed. Except under the limited concealed handgun permit provisions of State law, described in Sections III. B. and III. C. of this publication, and the exemptions set out below, it is unlawful for any person in North Carolina, except when on his/her own premises, to willfully and
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intentionally carry concealed, either on or about his/her person, any "Bowie Knife, dirk, dagger, slungshot, loaded cane, metallic knuckles, razor, shurikin, stungun, or other deadly weapon of like kind." Specifically exempted from the requirements of this law are ordinary pocket knives carried in a closed position. An ordinary pocket knife is defined as being "a small knife, that is designed to be carried in a pocket or purse, which has its cutting edge and point entirely enclosed by its handle. The knife must not be capable of being opened by a throwing, explosive, or spring action." N.C. Gen. Stat. § 14-269.
Whether, in a given case, a weapon is concealed from the public is a question of fact. By using the phrase "concealed about his or her person," this law makes it illegal to have a weapon concealed not only on a person, but also within a person's convenient control and easy reach.

Section VIII, FAQ. L.

"
L. IS A FULLY FUNCTIONAL SMALL PISTOL OR KNIFE WHICH IS DESIGNED TO FIT INTO A BELT BUCKLE CONSIDERED CONCEALED IN NORTH CAROLINA?
ANSWER:
Yes. Gun and knife belt buckles described above falsely give an impression of being ornamental in nature. As their nature and purpose is concealed and misleading, coupled with the weapons' immediate and ready accessibility to the wearer of such a belt buckle, they would be considered concealed. "
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What you quoted was not NC law.
You are quoting what basically amounts to the cliff notes for NC law with not a small amount of opinion mixed in. Like a study bible....that quotes parts of scripture.

Quote the statute, in full text or GTFO of any legal discussion, period.
 
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DRFury said:
I was of the impression that long guns must be stored and transported as per federal regulations in a locked case separate from ammunition..
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Please, point out the US code for this. Never heard of any such federal regulations on transporting firearms by an individual in their own vehicle within the boundary of his home state. If youre referring to FOPA
https://www.law.cornell.edu/uscode/text/18/926A

It pertains solely to interstate travel.
 
Ikarus1 said:
What you quoted was not NC law.
You are quoting what basically amounts to the cliff notes for NC law with not a small amount of opinion mixed in. Like a study bible....that quotes parts of scripture.

Quote the statute, in full text or GTFO of any legal discussion, period.
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SYMD period.
 
Well I fixed the conundrum I had.

4094e8d86042e8effa0ddac613bcb811.jpg
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Chdamn said:
I remember that being the case in SC but not in NC. Could be wrong on SC or they may have changed the law since I moved away.

As for a recommendation, I always carry my truck gun behind the seat with a loaded mag on an empty chamber.

Because the weapon is not directly on me like my CCW, I feel like it’s a legitimate risk that the safety could get switched off and the trigger pulled while retrieving the weapon.

Besides, if it’s an immediate threat I have my CCW. If I’m going for the rifle I’ll have an extra 1.5 seconds to pull the charging handle.
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SC has different laws, you’re correct
 
From the Ubiquitous NCDOJ's "firearm laws" document that everyone loves to quote as NC law, title page:

"This publication is only represented to be current as of the revision date on this cover page. Material in this publication may have been altered, added, or deleted since the revision date. Information contained in this publication should not be relied upon as legal advice in a particular scenario. This information is designed as a reference guide only."

1. Yes, outdated
2. Yes, opinion
3. Not NC law

Aka ol Waxlips' cliff notes when he was AG.
 
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Just to stir the pot there are some lawyers in the AG office wanting to clarify that AR pistols are not covered under the current CHP. There were several posts about it maybe a year ago. Basically they are going after the fact that an AR pistol is not designed to be fired using one hand. To this point no one has outright challenged it yet but I would not be supurised to see a gung ho DA in a liberal state throw the book at a person caught carryting a concealed AR pistol under their CHP. Not saying not to do it but it is a risk if you get caught that they could try to make an example of you and it would be very expensive to fight even if you come out on the right side in the end.
 
Didn't read the entire thread. Stoopit trick question. Everybody knows trucks are illegal. That was one of the keys to getting the CountryMusicBan bill passed.
 
The cop says, "Is that a CAR15 between your bench seat, or are just happy to see me?"

You should then reply, " Yes sir it is and I'm sooo very happy to see you, you sexy Mafakka!!." At which point you wink and blow a kiss....

He won't know jus how to respond, he'll be so taken aback that he'll give you his number, let you off with a warning, on the condition you call him...
 
TSConver said:
Just to stir the pot there are some lawyers in the AG office wanting to clarify that AR pistols are not covered under the current CHP. There were several posts about it maybe a year ago. Basically they are going after the fact that an AR pistol is not designed to be fired using one hand. To this point no one has outright challenged it yet but I would not be supurised to see a gung ho DA in a liberal state throw the book at a person caught carryting a concealed AR pistol under their CHP. Not saying not to do it but it is a risk if you get caught that they could try to make an example of you and it would be very expensive to fight even if you come out on the right side in the end.
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I believe they'd have a very hard time as many would argue that most handguns are not designed to be fired with one hand (accurately) and that alone is not a distinguishable factor or trait of the AR pistol platform. I think they'd have to stick to it's ability to be "shouldered" or a cheek weld established to allow the shooter to be more accurate with a higher powered cartridge. Then they'd have to suggest that the buffer tube/ etc allows for the aforementioned, then we would get into the legalities of things like the Scorpion and MCX, Bren, etc in "pistol" configuration.

Furthermore, as soon as the statue is inked, the industry will respond, get their lawyers on it, and work on developing a way around it. See Shockwave, bumpfire stock, Mossberg and Remy Shockwave AOW, etc.
 
JRHorne said:
I believe they'd have a very hard time as many would argue that most handguns are not designed to be fired with one hand (accurately) and that alone is not a distinguishable factor or trait of the AR pistol platform. I think they'd have to stick to it's ability to be "shouldered" or a cheek weld established to allow the shooter to be more accurate with a higher powered cartridge. Then they'd have to suggest that the buffer tube/ etc allows for the aforementioned, then we would get into the legalities of things like the Scorpion and MCX, Bren, etc in "pistol" configuration.

Furthermore, as soon as the statue is inked, the industry will respond, get their lawyers on it, and work on developing a way around it. See Shockwave, bumpfire stock, Mossberg and Remy Shockwave AOW, etc.
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But handguns by nature are designed to be fired with one hand. Ar pistols and other guns like AK pistols have a foreend designed to be held with a second hand like a rifle. THis is what they are going to go after if they get teh right case to do it with.

Not agreeing with them but it is reality and could happen.

The whole shockwave thing is still grey, the NC statutes do not have the same wording as the federal statutes and I would not be suprised if they do make them illegal in NC. Since they are not NFA at the federal level they would just become illegal at the state level. I am still selling them based off a discussion with the atf but would not be suprised to get a call wanting to know where everyone of them went so they can go and confiscate them.
 
Ikarus1 said:
Please, point out the US code for this.
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Found this one: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
I'll keep searching.......;)
 
Oh and by the way the shockwave is 100% illegal as a concealed firearm. Since it is a firearm and not a handgun like the Judge it is not covered under NC CHP laws.
 
JRHorne said:
I believe they'd have a very hard time as many would argue that most handguns are not designed to be fired with one hand (accurately) and that alone is not a distinguishable factor or trait of the AR pistol platform. I think they'd have to stick to it's ability to be "shouldered" or a cheek weld established to allow the shooter to be more accurate with a higher powered cartridge. Then they'd have to suggest that the buffer tube/ etc allows for the aforementioned, then we would get into the legalities of things like the Scorpion and MCX, Bren, etc in "pistol" configuration.

Furthermore, as soon as the statue is inked, the industry will respond, get their lawyers on it, and work on developing a way around it. See Shockwave, bumpfire stock, Mossberg and Remy Shockwave AOW, etc.
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How about with an arm brace? Have one for my Draco which means it IS then to be fired with one hand. Just wondering...
 
Armed4defense said:
How about with an arm brace? Have one for my Draco which means it IS then to be fired with one hand. Just wondering...
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The Libs in NC do not care tehy are going to go after it cause of the foreend. Just a warning to all to be careful what you carry, there are non-friendlies looking to take our rights away any way they can.
 
Ikarus1 said:
You can even open carry on a bike, if you're part of the clique
cropped-DSCN0244.jpg
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That's funny because the setup on that bike is exactly what I had in mind for securing an AR to the trunk lid of a sedan. That way it can be loaded and ready to roll, just unlock and deploy.
 
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