Question about open carry.

Millie

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A friend is planning on buying a handgun next week, and asked where he can carry it, like in the trunk. I told him as long as it's in the open, he's good to go. I'm right...right??

He wants to know what to say if he gets stopped. He hasn't got his CC permit yet.
*I did look for a post about this, but I'm not the most patient of women, one of my many failings.
 
As far as I understood if you do not have a CCW, it should to be visible from 3 directions. But I am sure someone can explain it better than I.

From: https://www.ncdps.gov/Our-Organization/Law-Enforcement/State-Highway-Patrol/FAQ/Handguns-In-Vehicles

It is unlawful to carry a concealed handgun in a vehicle unless the person has a valid concealed carry permit.

A person who is not a convicted felon may carry a handgun if not concealed.

A handgun is concealed in a vehicle if it cannot be readily seen by a person approaching and if it is readily accessible. A handgun under the front seat or in an unlocked glove box or console is illegal. A handgun openly displayed or in a locked glove box, locked console, or in the trunk is lawful.
 
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It can be out in the open, or it can be stored. It can’t be in the middle of those two...concealed.

The problem you’ll run into is the two lines that separate those three things aren’t clearly defined.
 
FWIW ymmv I’ve been told if your being pulled over put it on the dash and announce its presence to the approaching officer with both hands on the steering wheel
Better advice is to not touch a gun when/if approached by police, even if you think they can’t see.
 
what about, hypothetically, a lockbox wired to the seat that is sitting in the passenger seat with the key in the lock. it's a locked box... and it cannot be accessed without removing it from the locked container... and if you do unlock it, it's just open carry again..
 
what about, hypothetically, a lockbox wired to the seat that is sitting in the passenger seat with the key in the lock. it's a locked box... and it cannot be accessed without removing it from the locked container... and if you do unlock it, it's just open carry again..
Is the short version of this a locked box sitting on the passenger seat with a key in the lock? It seems that would be the same as a box with a combination lock.

My non-legal advice is that if the officer has reasonable cause to believe that you have a gun in that closed box, then you’ll be in trouble. For the same reason I don’t think that locked in the glove box or console is a good idea because it is concealed and you still have ready access. That combination is no bueno.
 
Be sure he has it in an appropriate holster. Before I got my CHP, I would have the holster clipped to the seatbelt on the passenger side, easy to see if I'm at a traffic stop and easy for me to access if necessary.
 
Not sure if this is correct...

I heard that the definition of "accessible" as it relates to concealed is this. Can the gun be accessed by 1 step or 2?

1 step =
Uncover and hold
Reach and hold
Open and hold

2 steps =
Move, uncover and hold
Move, reach and hold
Unlock, open an hold
 
First of all, don't go the "hypothetical" route with any of this without FIRST reading up on it.

Read what the statutes actually say, then read through any interpretations/statements that may be made/clarified by agencies like the DA or the NC DPS.

Once you've read this, then ask yourself "what do I need to do to ensure I'm in compliance?" To wit, "is the weapon concealed (yes or no) AND readily accessible?"

NOTE: This is not a time to be a "Sea Lawyer" (as us retired Sailors say). In other words, don't play games here, because this is serious business. Is it honestly concealed or not? If you don't know, then the default answer is "concealed". Is it readily accessible or not? An unlocked glove box, within easy reach of the vehicle occupants, means "yes, it's accessible". If the glove box is locked, requiring a key to open, then the answer is "no, it's not readily accessible". Keeping the key in the lock means the glove box might just as well be unlocked.

The previous example of a lock box wired to the seat next to you WITH THE KEY IN THE LOCK means "readily accessible".


Start with this link, on page 8 ("RV/Car Carry Without a Permit/License"), and follow the links to the actual references from which this is derived.

https://handgunlaw.us/states/northcarolina.pdf

From page 22 of the NC DPS document "Firearms Laws and Permits" (link is provided in the document cited above):

(Bold for emphasis is mine)

******

Given the 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 state 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 that is covered or hidden within the easy reach of an occupant of the vehicle.

The prohibition on 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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Is the short version of this a locked box sitting on the passenger seat with a key in the lock? It seems that would be the same as a box with a combination lock.

My non-legal advice is that if the officer has reasonable cause to believe that you have a gun in that closed box, then you’ll be in trouble. For the same reason I don’t think that locked in the glove box or console is a good idea because it is concealed and you still have ready access. That combination is no bueno.

FWIW, at one point back in the mid-90s or so, the NC AG gave a written opinion that a handgun in a locked glove box or center console was NOT easily accessible since you had to turn off the vehicle, remove the keys from the ignition, unlocked the glove box/console, etc. That was how I carried my handguns until I got my CHP and never had an issue with SHP or RDP officers when stopped.
 
This info may be dated now as it's been 10 years since I verified it...

SC, GA, and FL consider your vehicle an extension of your home (so to speak) and allowed a handgun to be "hidden" within the car with easy access for self-defense. Before i got my CHP and was traveling to/from FL, I used to keep it in my arm rest. NC was the only state I had to sweat about being a bad boy. I called each state's highway patrol HQ to ask.
 
trying to figure out how to transport the thing to the range was the main reason I got mine.
LoL. I got my CC permit because I was afraid I'd forget to remove the gun from my handbag once I got in the car! I didn't want the hassles.
 
My buddy is a county magistrate. He said just leave in on the passenger seat and your good. I definitely wouldn't reach for it and put it on the dash during a stop!! If you are that worried. Leave it in the trunk.
FYI this is for NC
 
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In SC it is simple. OC without permission is criminal. Permission shall not be forthcoming.

There, serfs. We have just criminalized a fundamental right. Oh, we meant to say reasonable regulation. Tomato, tomahto. Off to the Greybar Hotel & Suites.
 
Trust me to always ask the "stupid" question. In NC, if I am open carrying my hogleg and climb into my truck, am I then carrying a concealed weapon by NC statute -- at least possibly -- depending on the viewpoint of the lawdog?
 
My buddy is a county magistrate. He said just leave in on the passenger seat and your good. I definitely wouldn't reach for it and put it on the dash during a stop!! If you are that worried. Leave it in the trunk.
FYI this is for NC
Before we had Concealed Carry i always kept a gun on the seat or in the console, but when i got pulled over or a license check i always threw it on the dash in its holster. I roll down the window with the license out in the left hand and keep the right hand on the steering wheel. Look the officer in the eye and tell them in a loud voice, "Officer i have a handgun in the vehicle." I never had an issue and this happens at least 15 times over the years, probably more.
 
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So you have a handgun on the passenger seat and you hard brake - the handgun goes flying onto the floor on the passenger side. Doesn't seem like the best place to be keeping a loaded handgun. My cell phone has gone flying more than once from the passenger seat and disappeared in the far corner of the passenger side floor or between the seat and the door.
 
So you have a handgun on the passenger seat and you hard brake - the handgun goes flying onto the floor on the passenger side. Doesn't seem like the best place to be keeping a loaded handgun. My cell phone has gone flying more than once from the passenger seat and disappeared in the far corner of the passenger side floor or between the seat and the door.
Cup holder.....lol. Or clipped to the seat belt across the passenger seat if it's too big for the cup holder.
 
Before we had Concealed Carry i always kept a gun on the seat or in the console, but when i got pulled over or a license check i always threw it on the dash in its holster. I roll down the window with the license out in the left hand and keep the right hand on the steering wheel. Look the officer in the eye and tell them in a loud voice, "Officer i have a handgun in the vehicle." I never had an issue and this happens at least 15 times over the years, probably more.
Wow, I've had exactly two interactions with law enforcement in my vehicle since 1997! What crazy stunts are you up to, man????
I have not been stopped since I've had a handgun in the car.
 
Before my wife obtained her CC permit she kept her handgun on the front passenger seat covered with a towel. When she encountered LE's (such as during a routine license check) she would remove the towel and inform the officer that there was a handgun on the seat in plain view. None ever said anything or questioned it.
 
Wow, I've had exactly two interactions with law enforcement in my vehicle since 1997! What crazy stunts are you up to, man????
I have not been stopped since I've had a handgun in the car.
Well, i used to have a bit, just a bit mind you, of a lead foot. But i also lived near a place that cops put up license checks about every week. One way road that curved with a highway ont he left and one of those sound barrier walls on the right, You couldn't see them set up until you came around a curve, so no chance to back out.
 
So you have a handgun on the passenger seat and you hard brake - the handgun goes flying onto the floor on the passenger side. Doesn't seem like the best place to be keeping a loaded handgun. My cell phone has gone flying more than once from the passenger seat and disappeared in the far corner of the passenger side floor or between the seat and the door.
If you have a CC probably best to have it on you or secured in your holster in the console or glove box.
 
Before my wife obtained her CC permit she kept her handgun on the front passenger seat covered with a towel. When she encountered LE's (such as during a routine license check) she would remove the towel and inform the officer that there was a handgun on the seat in plain view. None ever said anything or questioned it.

Without a CC you have two choices, seat next to you or on the dashboard where they can see it. Carrying a concealed weapon in your car without a Concealed Carry permit may mean a trip to the jail and best case a court date.

V
 
They do a lot of license checks in my county. It's quite rural and they will set up on some oddball road that gets a lot of drunks trying to avoid the main highways. There are roads where if you get bored you can drive on the left hand side and no one will ever see you for miles. I've never had to break hard except for a deer or two.
 
Answer to this question depends on who you ask. I may have relayed this story before but here goes again. We had a wreck truck driver who had a late nite call. He tucked his revolver in his belt and threw on a jacket it being cold and all. Cop at the scene saw it and arrested him. This was before we had Chp. Took him before a magistrate and presented his case
Magistrate asked the cop how he knew he had a concealed weapon. Cop says because I saw it. Magistrate says if you saw it it wasn't concealed. Case dismissed. Other cops gave this newbie hell for arresting the guy in the first place. Told him he was a stand up guy and would be first to help him out in a tight.

So the answer depend on who you ask.
 
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FWIW, at one point back in the mid-90s or so, the NC AG gave a written opinion that a handgun in a locked glove box or center console was NOT easily accessible since you had to turn off the vehicle, remove the keys from the ignition, unlocked the glove box/console, etc. That was how I carried my handguns until I got my CHP and never had an issue with SHP or RDP officers when stopped.
Aaaaand....if you don't have a CC permit, you don't have to inform said officer that you have one in the car either, unless he asks you.
 
Aaaaand....if you don't have a CC permit, you don't have to inform said officer that you have one in the car either, unless he asks you.
Wait, so if a cop asks, you have to incriminate yourself?
have you seen US v Heine? If a felon is exempt from pistol registration laws, i'm exempt from saying a word about what's in my car.
 
Wait, so if a cop asks, you have to incriminate yourself?
have you seen US v Heine? If a felon is exempt from pistol registration laws, i'm exempt from saying a word about what's in my car.
They don’t have to ask. You're required to notify in NC if carrying with a CHP.
 
btw, I used to have a bit of a lead foot, so I got pretty good at saying "i am required to disclose that i am licensed to carry a concealed firearm and that I do have one with me today, hello officer how can i help you?"
 
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