# NC CC argument while transporting



## twomode (Jun 7, 2009)

Here's the law. If you have no CC permit in NC, and you transport your weapon(s) anywhere in a vehicle, they may not be readily accessable to any occupant of the vehicle. 

Doesn't talk about loaded, unloaded, locked, anything. Just cannot be readily accessable. I have a friend who states it can be anywhere as long as it's in view, as told to him by the deputy taking his CC application this morning. Anyone have any experience with this issue? This only applies to NC. 

There are 4 paragraphs in this part of the statute dealing with transporting, and they even explain how ambiguous the rules are ie: an SUV with no discernable "trunk". What now? For me, I'll err on the side of caution, but I know our sheriff, and he's gonna get a call this week. BTW, Moore Co. is running about 2-3 weeks right now for app approval.


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## bruce333 (Sep 1, 2006)

twomode said:


> Here's the law. If you have no CC permit in NC, and you transport your weapon(s) anywhere in a vehicle, they may not be readily accessable to any occupant of the vehicle.


you left out part.

...cannot be concealed _and_ readily accessible...

Here's what the AG has to say:

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf


> 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
> ...


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## twomode (Jun 7, 2009)

Take a look Bruce, there's a section for Transporting. I've got to go right now to meet a contractor, I'll be back on later

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf


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## bruce333 (Sep 1, 2006)

(sorry about that, I was editing while you were responding)



twomode said:


> There are 4 paragraphs in this part of the statute dealing with transporting, and they even explain how ambiguous the rules are ie: an SUV with no discernable "trunk".


What Statute are you referencing?

The NC AG's interpretation is not a law or Statute...

-----------------------------------------------

There is nothing in the Statutes that prohibits open carry. However the Statutes do prohibit concealed carry. I think the main thing the AG's document is trying to get across is to make sure you are not violating the concealed carry Statutes when transporting.


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## twomode (Jun 7, 2009)

Well statute is the wrong word, but the info came from the DOJ. It's looking like that's not the only place to find NC CC info.
Do you know of any others? I want to make sure I'm informed. Thanks Bruce.


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## bruce333 (Sep 1, 2006)

Chapter 14 of the NC General Statutes:

http://www.ncga.state.nc.us/gascripts/statutes/Statutes.asp

an attorney or your Sheriff...

unofficial FAQs:
http://www.ncrpa.org/faq/cch.shtml

I'd driect you to Grass Roots NC, but all they seem to have is the same AG document you've already seen.

http://opencarry.org/travel.html


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## twomode (Jun 7, 2009)

Well, I'm about blind but I've been through all of Chp. 14. I believe I found and read all of the applicable statutes regarding handguns, etc. It's still gray, but for the sake of discussion let me c&p what I found on the ncrpa site regarding carrying concealed in NC.

Q: I don't want to bother with a Concealed Handgun permit, but I want to carry a gun in my car. Is this legal?

A: Maybe. If the gun is in plain view (such as on the seat, with nothing covering it), *most* law enforcement personnel would not consider it concealed. There are lots of places and areas in NC where a non-concealed firearm is not permitted though, and *there may be law enforcement personnel who take a different view of what constitutes "concealed."*

and this:

Q: I don't want to get a Concealed Handgun Permit; I just want to carry a gun openly in a holster. Is this legal?

A: In North Carolina there is no State law specifically prohibiting the open carry of firearms. Under the theory that if it isn't specifically prohibited it's not illegal, open carry is possible. *There are some glaring exceptions to this. They are:*
Private property owners and businesses can post "no guns." 
Firearms are strictly prohibited on state-owned property, except rest areas and state lands where hunting is permitted. 
Local governments can (and do) enact prohibitions against "display of firearms" in cities and/or specific areas within cities or counties, which means they can't be visible. Under this statute there is absolutely no requirement for the city or county to post notice of the display ban. 
Local governments can (and do) enact firearms bans on local government property and in parks and recreational areas. 
Any federally-owned property or federally-regulated property like banks and Post Offices is of course a prohibited area. 
Much of the Outer Banks is "National Seashore," and firearms are prohibited in those areas. 
*So in theory that leaves everywhere else in the state - except for one more thing. There is a common-law offense in NC called "going armed to the terror of the people." Basically what this means is that if someone sees you carrying a firearm and calls the police to report "person with a gun," you can be charged with this offense.* It's not often used in rural areas, but has been used in populated areas. If you are an out-of-state visitor who is not here lawfully hunting or engaged in some overt firearms-related event such as a competition, it will be hard to talk your way out of it.

Q: So is open carry legal in NC?

A: *In theory, yes. In practice, maybe. It seems to us like a very good way to get arrested.*


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## twomode (Jun 7, 2009)

My personal conclusion is that NC statutes and DOJ opinions purposefully leave gray areas open for interpretation by LEO's to decide during the situation, traffic stop, altercation at the home, etc. 

The answers become crystal clear for those who have a CC permit. Fair? Probably not when adding the 2nd amendment to the equation. Reality? Absolutely. It seems to me NC has taken the position that they don't want to "legislate" with a statute each and every situation. Handling each situation on a case by case basis. 

Most of you have already been down this road already, long ago. Thanks for your patience and your input. This is part of the learning curve for me and part of the most important "due diligence" regarding owning and carrying a handgun. Since my app is in, it will become a non issue for me and Laurie.


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## lonewolf2810 (Jul 29, 2009)

twomode said:


> Well, I'm about blind but I've been through all of Chp. 14. I believe I found and read all of the applicable statutes regarding handguns, etc. It's still gray, but for the sake of discussion let me c&p what I found on the ncrpa site regarding carrying concealed in NC.
> 
> Q: I don't want to bother with a Concealed Handgun permit, but I want to carry a gun in my car. Is this legal?
> 
> ...


Here is a good site on the open carry issue. It covers all states and has a lot of good info for those interested in OC'ing.


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## twomode (Jun 7, 2009)

If requested would this link have been allowed? If not I understand, just curious. I'm sure Lonewolf felt it had merit, and anything on this subject would be appreciated by me. Thanks Todd.


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## lonewolf2810 (Jul 29, 2009)

My bad for posting an open link. twomode you have a pm.


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