Wednesday, July 22, 2009

No NC provision for briefcases, handbags, purses in the car.

There is no NC provision for CCW in briefcases, handbags, or purses in your vehicle. Apparently having my pistol concealed in my briefcase on the seat next to me makes it more accessible than having it concealed on my person in a shoulder rig, crossdraw or ankle holster.

However, I can legally leave it in plain view on the seat or the dash. Goofy.

Emphasis is mine.

NORTH CAROLINA FIREARMS LAWS

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 advise in a particular scenario. This information is designed as a reference guide only.

ROY COOPER

ATTORNEY GENERAL

JOHN J. ALDRIDGE, III

SPECIAL DEPUTY ATTORNEY GENERAL

NORTH CAROLINA DEPARTMENT OF JUSTICE

LAW ENFORCEMENT LIAISON SECTION

REVISED DECEMBER 2007

Publication Website: http://www.ncdoj.com

Once into the site, click on “Crime & Law Enforcement,” located in the top center of the page;

then click on “Concealed Handguns,” located on the bottom left of the page.

-snip-

III. POSSESSING AND CARRYING FIREARMS

-snip-

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 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 (i.e., vans, etc.), the question arises on 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.

I suppose I shouldn't be bitching too much. At least NC has reciprocity with SC (where I can pretty much put my gun wherever the hell I want to - on my person or in my car - as long as it IS concealed - no open carry in SC - also goofy.)

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