Getting caught

chaddy said:

What happens if you get caught with a concealed weapon without a permit? N.C if it matters.

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415.21. Violations of This Article Punishable As An Infraction.
(a) A person who has been issued a valid permit who is found to be carrying a concealed handgun without the permit in the person's possession or who fails to disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun, as required by G.S. 14-415.11, shall be guilty of an infraction and shall be punished in accordance with G.S. 14-3.1. In lieu of paying a fine the person may surrender the permit.

It's going to vary by state, locality and even the particular cop. You could end up with anything from a really personable RKBA guy who just looks the other way to the overzealous buster who will write you for every violation that he can, no matter how tenuous, and may even arrest you.

Here in CO, unlicensed CCW is a misdemeanor, I think C2. In rural counties, good chance they wouldn't hassle you so long as you were cooperative and weren't doing something else nefarious. In a city like Denver? Yeah, it'll start with decked and cuffed, then who knows.

MachIVshooter said:

It's going to vary by state, locality and even the particular cop. You could end up with anything from a really personable RKBA guy who just looks the other way to the overzealous buster who will write you for every violation that he can, no matter how tenuous, and may even arrest you.

Here in CO, unlicensed CCW is a misdemeanor, I think C2.

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I think what he is asking, is what would "every violation he can" entail.

Somewhere in the state statutes there will be a law that explicitly states what can happen if you carry without a license

www.handgunlaw.us/states/northcarolina.pdf
Perhaps take a look at a synopsis of NC handgun laws?
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Are you asking about if you had never been issued a license/permit? Or are you asking about if you simply didn't have it on your person with the firearm?

In Florida, simply forgetting your license and getting caught without it subjects you to an "administrative penalty" of $25, but you have to go through whatever hassle law enforcement might have to offer while they verify that you are indeed licensed.

In Florida, being caught carrying a concealed firearm with no license valid (expired, suspended, revoked, or never issued) is a felony, and comes complete, upon conviction, with all the "perks" that being a convicted felon offers. In most other states that have "shall issue" permit systems in place, this is a misdemeanor.

If no permit -

1. Arrest or at the very least, a citation.

2. Nifty little entry on your arrest record. Don't think it will come back to haunt you? I check background checks on hundreds of folks a year as part of my job. Fail to disclose an arrest and it will bite you.

3. Possible reason to not have a license issued to you when you decide to get legal.

4. Possible employment problems if you want to get a Federal Job with a security clearance.

In Kentucky, if you have a permit but don't have it on you when stopped...it is a $25 fine like a parking ticket.


If caught without a permit whatsoever, it could be up to a year in the county jail. Just a step below a felony.

Why invite possible trouble? Do things the correct way. J s/n.

You don't need a permit for open carry in N.C. correct?

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html

§ 14‑269. Carrying concealed weapons.

(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.

(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances:

(1) The person is on the person's own premises.

(2) The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14‑415.11(c).

(3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a).

(c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.

I have an old friend from High School that was caught about 20 years ago with a gun in the trunk of his car in DC, he lived in Louisiana and was in DC visiting his father during the holidays. He had a clean record, was a college student at the time and in the Army Reserve, ROTC cadet, etc., went on to be an officer in the Army,last i heard was a Major (5th generation military, real men go to ranger school in the winter time type)

He lost the gun (Glock 17) , spent 48 hours in jail before he could be bailed out, and ended up getting a couple of years probation. 10 years or so ago I asked him if it ever caused problems with the Army, and he said other than a bit of extra paperwork due to the conviction it was never an issue, basically the Army trusted him commanding a company of M2 Bradleys, and could care less about a hand gun in the trunk of his car.

The exception rather than the norm...

I checked Alabama law today and couldn't find anything specifically about not having the permit card with you when stopped/searched and carrying; only talks about having no permit.

I'm paranoid about somehow losing my wallet (where I keep the permit) when I'm carrying. I took photos of the card and saved them to a USB drive that I always wear around my neck when I'm out, so hopefully that'd be a backup plan. The cop could use the laptop in his car to look at the photo of the permit on the usb drive. Assuming he doesn't just haul me off to lockup immediately when I don't produce the actual permit!

Wouldn't it be easier to take a picture of it and keep it on you phone?

After reading about 10 pages of NC law on firearms, I'd say they are well into the territory of "infringement." Especially the part about not carrying during a state of emergency.

chaddy
Getting caught
What happens if you get caught with a concealed weapon without a permit? N.C if it matters.

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In general, it really depends on a lot of different factors. I don't know what would happen in NC, but back in the early 90's in IL my ex-wife was involved in a bad car accident and ended up in the hospital. She was carrying a snub in 38spl. The cops who had to go through her purse for ID unloaded it and placed it back in her purse and left it with her belongings at the hospital.

I recently had a really heated debate with someone who claimed that the tough gun laws in Chicago gave law enforcement discretion over who they arrested for gun violations. 20/20 hindsight, that person may be right.

zorro45 said:

After reading about 10 pages of NC law on firearms, I'd say they are well into the territory of "infringement." Especially the part about not carrying during a state of emergency.

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The carry laws in North Carolina are about as bad as they come among shall-issue states. No carry under a state of emergency, long list of off-limits places (anywhere that charges admission, any restaurant that serves alcohol even if you aren't drinking). There are efforts underway to make changes, both in the legislature and in the courts.

After reading about 10 pages of NC law on firearms, I'd say they are well into the territory of "infringement."

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Agreed. Here, CCW simply encompasses deadly weapons, whether a handgun, rifle, NFA weapon, large knife, sword, etc. That said, I expect you might spend a little time explaining yourself if you chose to carry your registered M16 and attached M203 loaded with live HE rounds....

Generally, most weapons are considered deadly weapons and are not lawful to carry concealed without a permit. AFAIK, knives are fine if under 3.5" blade and not gravity or ballistic type (butterfly, switchblade, stiletto, etc).

In Oregon it is a misdemeanor to get caught without your CHL. They will take away your CHL for 4 years for a misdemeanor.

Not from NC and wouldn't really know but IF you care about your freedom and your weapon (cause you know they wont give it back) Why risk it?

Does NC have a castle law similar to TX?

might be an option to having it on you and risking your freedom and all else already mentioned on here.

~Cynthia