Can gun in trunk be taken out for self defense without CC permit?

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ns66

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I don't have CC permit, in southern states like NC, I like to travel around (within and to neighbor states) and camp and visit national park etc. I like to keep a handgun unloaded and locked in trunk of my car, just in case run into bear or felon. To my understanding this is legal in most of southern states (I won't go to CA or IL or NY etc)

Now the question, say if I camp and someone tries to rob or kill me, is it legal for me to open trunk and get the gun out and self defense? when I get the gun out with me, at that moment did I just "conceal carry" and thus violated the law?

I read some cases ppl get charged not for manslaughter but for illegal possession/use of the gun, I like to understand is it legal or not.

thanks!
 
thanks for that info, anyone knows the state list where keeping handgun unloaded/locked in car trunk is illegal without CC permit?
 
I think you would have a hard time convincing a jury that if you had time to unlock the trunk, retrieve the gun, load the gun and shoot someone that it would be in self-defense.
 
Get a permit. If you DO "run into a bear or felon", and your pistol is locked in your trunk, unloaded, it's not going to do you much good, will it? And you'd best not be shootin' any bears with a pistol anyway, unless it's a .44 mag or bigger.
 
You gonna ask that bear/felon to hold on while you exit,open trunk,load rounds,chamber and fire?

This is the reality in these states unfortunately.
 
In many cases a clear need to preserve your own life is allowed to trump other concerns about the technicalities of possession of a weapon, for instance your example of loading and firing your weapon in clear self-defense when you otherwise would not have been legal to be in possession of a loaded weapon in that location. But that's counting on an awful lot of things that aren't guaranteed. ANY time you break the law you could be convicted of it, so hoping that a prosecutor will set aside a charge like that is not a very good plan.

But that does pale in comparison to NavyLT's suggestion:
I think you would have a hard time convincing a jury that if you had time to unlock the trunk, retrieve the gun, load the gun and shoot someone that it would be in self-defense.
An unloaded gun locked in a trunk is only marginally more valuable than an unloaded gun locked in your gun safe at home. One of the keys to a successful claim of self-defense is that the threat to your life was "immediate." Someone was going to kill you right now! Not sometime later. Any scenario in which you'd have time to move to the trunk of your car, unlock it, find your gun and un-case it, find your ammo/mags, load the gun, and then engage the attacker would seem to present enough time for driving away, running away, or other responses. If the threat is imminent/immediate, you are exceptionally unlikely to have time to do all that stuff. Which would be too bad, for you.

The utility of the idea would seem to be limited to being stranded somewhere with a disabled vehicle and then being attacked. But then, again, you're either out of luck by the time you identify a credible, immediate threat, or you're breaking the law by sitting there on the side of the road with a loaded gun.

The real short answer is to get a permit or two that is recognized by the states where you frequently travel.
 
In Alabama,a handgun in a vehicle(trunk or not,loaded or not) is concealed and requires a permit.

Wut? :barf:

I take it not so if traveling through?

What if you make a stop to eat or something?
 
take it not so if traveling through?
Alabama law makes no provision for "travelling through",though I don't think it would be a problem as long as there weren't other factors. The only exceptions(the law is very specific in this regard) are driving home from place of purchase,driving to and from a gunsmith for repairs/upgrades or when moving from old residence to a new one. It would be best to get a permit in your home state as Alabama will recognize any state's permit that recognizes Alabama's permit.
 
I take it not so if traveling through?

What if you make a stop to eat or something?
I can't speak to Alabama law (without going to look it up ;)) but FOPA would cover you if you are really just passing through with the gun unloaded in the trunk, etc.

Minor stops for fuel and food are generally acceptable. Of course, what's a "minor" stop?
 
for example if i see some strange gang like people walking my way in deserted area, i sense pending danger and open trunk and load gun, it may take 10 secs but it sure is better than nothing, question is did I break the law there and then?

getting a CC permit is fine if it really will solve the problem, but no, even if you get permit, you still need to watch out for any federal or government, municipal buildings of all levels, school, parking lot, restaurant, bar etc etc, who the hell will have the ability to avoid all the landmines everywhere whereever you go? I'd rather not get the permit so not to take the chance of getting false sense of security conceal carry a handgun
 
following is just by federal law:

Places Off-Limits Even With A Permit/License

1. Federal Courthouses*
2. Federal Buildings*
3. Any Building Owed, Leased or Rented by the Federal Government.
4. Federal Prisons*
5. U.S. Army Corp of Engineers*
6. National Cemeteries*
7. Military Bases
8. Rented Offices, Any part of any building that the Federal Government has rented for Office space
9. Amtrak*
10. Post Office?* buildings and in their parking lots..
11. Bureau of Land Management*
12. Indian Reservations

not to mention state and city and county laws, for example in some counties in NC, you can't CC with permit even on public sideways, so with CC permit, pretty much anywhere you want to go you can't go, its value is questionable at best imho
 
for example if i see some strange gang like people walking my way in deserted area, i sense pending danger and open trunk and load gun, it may take 10 secs but it sure is better than nothing, question is did I break the law there and then?
If you were not legal to possess a loaded gun in that place, absolutely you have broken the law and can be charged.

Further, if that "strange gang-like" group of people happen to see the gun you're holding, they may call the police, tell them you threatened them by displaying it in a deliberate fashion, and you would be charged with a form of assault.

getting a CC permit is fine if it really will solve the problem, but no, even if you get permit, you still need to watch out for any federal or government, municipal buildings of all levels, school, parking lot, restaurant, bar etc etc, who the hell will have the ability to avoid all the landmines everywhere whereever you go?
Well, most of us do, every day. It really isn't all that hard. Use www.handgunlaw.us or (in some cases) the state's Attorney General's web page to look up what the areas that are off limits may be. NC is especially bothersome. Most states aren't like that at all and don't restrict permit holders to anything like the degree you suggested.

Look at it this way: right now you're driving about blissfully unaware of when or where you may be breaking the law (with an unrealistic idea of what good your gun might do you in an emergency) -- but you're worried that if you obtain a permit you're going to start accidentally driving into prisons and military bases and federal buildings? Something isn't adding up, there.

I'd rather not get the permit so not to take the chance of getting false sense of security conceal carry a handgun
You'd rather have NO legal security than a proactive legal protection, the limits of which you have to take a moment to inform yourself of?

Look, no one said you had to start carrying your handgun in every legal location just because you have a permit. We just said having that permit gives you legal coverage for what you're doing already -- and would allow you to modify your practices to be better able to respond if you really need to.

If you don't want to carry in a restaurant or the mall or wherever, you don't have to. But if you're going to be in your car, your gun is largely useless when locked in the trunk, and a carry permit would allow you to have that weapon closer to hand while you're driving.

As you educate yourself more on where each state allows you to be armed with a CCW permit, you might eventually come to appreciate the ability to have that weapon on your person when out and about, but for now the appropriate permit(s) will let you stop breaking the law and/or pretending that a gun in your trunk is a magic talisman that can somehow ward off trouble.
 
If you are concerned about your level of security in NC you can always legally open carry your weapon. Cary, NC is the only city I know of in NC with really whacked gun laws where you might run into trouble. The more rural areas are more pro-gun. I am not sure what good a gun locked in the trunk of your car is going to do for you?
 
Cary, NC is the only city I know of in NC with really whacked gun laws where you might run into trouble.
Also, be aware that if you are on nc gamelands during hunting season, your carry permit is null and void. You need to be careful of this as many campsites and a few parks are on or near gamelands.

Read this:
http://www.ncwildlife.org/newsrelea...rry_Permit_for_Firearms_Prompts_Questions.htm

It will make your blood boil. Apparently, ridiculous attempts at stopping poachers is apparently more important to our state legislature than our right to self defense. :cuss:

I think you would have a hard time convincing a jury that if you had time to unlock the trunk, retrieve the gun, load the gun and shoot someone that it would be in self-defense.
I agree. If I have time to open the trunk, I also have time to get inside my 4500lb weapon...er, car.

getting a CC permit is fine if it really will solve the problem, but no, even if you get permit, you still need to watch out for any federal or government, municipal buildings of all levels, school, parking lot, restaurant, bar etc etc, who the hell will have the ability to avoid all the landmines everywhere whereever you go?
I'm another one who does it everyday. It isn't too hard to learn the few laws. This is NC and our laws are absurd, so you will need a lock box. Sooner or later, you'll need to go somewhere that requires you to disarm. The places that I can't conceal carry also happen to be the places you can't open carry, either. Apparently, there are at least another couple hundred thousand others...though I doubt these numbers are %100 accurate:

http://legallyarmed.com/ccw_statistics.htm



not to mention state and city and county laws, for example in some counties in NC, you can't CC with permit even on public sideways, so with CC permit, pretty much anywhere you want to go you can't go, its value is questionable at best imho
If you buy handguns often, bypassing that NICS is pretty handy. Same for walking into the gun store, purchasing the handgun and walking out with said handgun with minimal fuss and paperwork. Aside from that, just being able to carry concealed to the gas station, grocery store or places like Walmart is worth the price of admission. I also firmly believe that we need to keep the number of permits issued up so that they know it is important to us. If everyone stops buying permits and doesn't write their representatives weekly telling them how important the concealed carry issue is...well the government will just look at the decline in permits and take that as a lack of interest. I for one don't want to just throw my hands up and give up just yet. I'll pay the $90 and not use the permit if I have to. But yeah, NC is entirely too restrictive and you do disarm often. If you are the type who doesn't like locking a weapon in the vehicle, you either need to plan your week carefully or stop carrying. I've walked into several places to eat here only to discover "oh damn, they server beer" forcing me to walk back out and disarm.
 
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Agreed. A handgun is worthless in a locked trunk unloaded. If bad guys come up on you while you are retrieving it - they will be able to add it to their collection before you can do anything about it.
 
ns66 said:
following is just by federal law:

Places Off-Limits Even With A Permit/License

12. Indian Reservations

Firearms are NOT prohibited on Indian Reservations by federal law.

For example, Swinomish Tride Reservation code mirrors exactly Washington state law:

http://www.swinomish-nsn.gov/media/3706/0405offensesreweapons.pdf

4-05.010 Carrying Concealed Weapon.
(A) Any person who goes about in public places armed with a dangerous weapon or
firearm concealed upon his or her person, without having a current valid concealed
weapons permit issued by the Tribe or another jurisdiction, commits the Class B
offense of carrying a concealed weapon.
(B) Tribal law enforcement officers are exempted from this section.
 
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thanks all who replied, guess when i travel and camp, the better option may be mace rather than handgun, since i am kind of keep it simple type person, i really hate to worry constantly about if this place i go/drive to will be offlimit, it now seems gun in trunk unloaded/locked is not legal everywhere either, even if i have CCW permit, if i am not mistaken

my guess is most CCW carry with permit unknowingly broke laws many times in many places, just got away with them most of the time :D
 
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another thought, since NC allows open carry, when I see danger coming, I open trunk, load gun, put it under windshield, that's open carry, should not have violated law, hmmm...
 
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