Carrying in NC on a UT non-resident permit

[Crow1108]

I was wondering if I can legally carry in NC, as an NC citizen, with a Utah non-resident permit? I know NC has reciprocity with UT, but I don't want to get hung up on a technicality. I got the permit when I lived in Utah, and since I moved to Korea, I updated the address of the permit to my home of record (NC)

The reason I ask is I have heard that there are a few states that don't like their residents using other states' non resident permits.

Thanks!

Edit: Just so I can't be accused of being lazy, I did search thru google and yahoo, as well as handgunlaw.us and defensivecarry.com, but couldn't find anything.

 

[GCBurner]

I would think, if you're going to be a permanent resident of NC, you'd want to get a NC CCW.

 

[atlctyslkr]

You sound military, maybe there is an exemption for you.

 

[Mags]

You sound military, maybe there is an exemption for you.

Nope.

I am active military. When I signed up at 17 I lived in NC, I have been stationed in NM for 9+ years and have a NM CCW. NC does not recognize NM permits but it works the other way around for some reason.

Anyways I looked into getting a non-resident Utah permit because NC recognizes Utah permits, here's the kicker: NC will not recognize any non resident permit!

I wrote the sheriff of my home county in NC to see what could be done and since I was a minor when I joined and never got a permit in NC I am screwd unless I can get a permanent residence in NC. My folks have since moved out of NC but I vist there every summer to go to the beach.

 

[mgkdrgn]

I'm not aware of -any- state that will allow -it's residents- to carry. in that state, using an out of state non-resident license.

 

[razorback2003]

Check at handgunlaw.us. Click on the state of North Carolina. According to that website, New Hampshire is the only license that North Carolina requires to be a 'resident' license. The rest can be 'non resident' licenses according to handgunlaw.us when you click on the state of North Carolina. You can also click on the reciprocity link after clicking on the NC page and it will take you to the NC DOJ handgun reciprocity page. The only license that must be a 'resident' permit is a New Hampshire permit. It appears you would be ok, if a resident of New Mexico, and carrying on the Utah license/permit in North Carolina. In some states, like Texas, Arkansas, and Louisiana, it is legal for those residents to carry on non resident licenses. You would probably have to dig to see if you would be required to get a resident license. In TN, we have to get a TN permit within 6 months of establishing residency. Digging yourself in the statutes or getting a lawyer to check is the best way. A police dept will not know or give you the right information or tell you 'no'.

 

[NCPatrolAR]

Per our police attorney; NC residents can carry using a non-resident permit from a state that NC has reciprocity (sp) with

 

[Carter]

P

er our police attorney; NC residents can carry using a non-resident permit from a state that NC has reciprocity (sp) with

When I was filling out my paperwork for my CC permit there was a guy in there trying to get his Utah permit who lived in NC. The Deputy came out and "nicely" tore him a new one on how he couldn't do that and that the deputies would arrest him for carrying a concealed weapon if he tried to use an out of state permit but lived in NC. The deputy then stated she didn't know if that was entirely legal and she'd discuss it with some higher ups, but I wouldn't push it.

Whats the deal with trying to get a Utah permit anyways? Cheaper, easier restrictions, don't have to take a class?

 

[Crow1108]

When I was filling out my paperwork for my CC permit there was a guy in there trying to get his Utah permit who lived in NC. The Deputy came out and "nicely" tore him a new one on how he couldn't do that and that the deputies would arrest him for carrying a concealed weapon if he tried to use an out of state permit but lived in NC. The deputy then stated she didn't know if that was entirely legal and she'd discuss it with some higher ups, but I wouldn't push it.

Whats the deal with trying to get a Utah permit anyways? Cheaper, easier restrictions, don't have to take a class?

Most people get the Utah permits because it has reciprocity in the most states. My thing was I was stationed in Utah for two years and got it while I was there. I since went to Korea, PCS'ed out, and now I'm back in NC visiting family for the Holidays before my next assignment (Japan).

Thanks for the advice guys.

 

[[email protected]]

Crow,

here's a simple way to solve the problem... just carry open while you are in N.C.

 

[NavyLCDR]

Why has nobody posted what the North Carolina statutes say?

The Utah non-resident permit IS PERFECTLY VALID in North Carolina for NC residents, according to North Carolina statute AND the North Carolina Department of Justice Website:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.24.html

§ 14‑415.24. Reciprocity; out‑of‑state handgun permits.

(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina if that state grants the same right to residents of North Carolina who have valid concealed handgun permits issued pursuant to this Article in their possession while carrying concealed weapons in that state.

(b) The Attorney General shall maintain a registry of states that meet the requirements of this section on the North Carolina Criminal Information Network and make the registry available to law enforcement officers for investigative purposes.

(c) Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state. (2003‑199, s. 1.)

http://www.ncdoj.com/About-DOJ/Law-...ment-Liason/Concealed-Weapon-Reciprocity.aspx

States with North Carolina Agreements
Alabama
Kentucky
Oklahoma
Alaska
Louisiana
Pennsylvania
Arizona
Michigan
South Carolina
Arkansas
Mississippi
South Dakota
Colorado
Missouri
Tennessee
Delaware
Montana
Texas
Florida
Nebraska
Utah
Georgia
Nevada
Virginia
Idaho
New Hampshire (resident permits only)
Washington
Indiana
North Dakota
West Virginia
Kansas
Ohio
Wyoming

Notice there is NOTHING in the statute posted above that invalidates an out of state permit when carried by a North Carolina resident. An example of a state whose law does, is Washington:

RCW 9.41.073
Concealed pistol license — Reciprocity.


(1)(a) A person licensed to carry a pistol in a state the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington is authorized to carry a concealed pistol in this state if:

(i) The licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and

(ii) The licensing state requires mandatory fingerprint-based background checks of criminal and mental health history for all persons who apply for a concealed pistol license.

(b) This section applies to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state must carry the handgun in compliance with the laws of this state.

You will notice there is NO SUCH LANGUAGE in the North Carolina statute.

 

[A.H. Fox]

A home of record may not automatically confer residency status. In Missouri we have an exemption for military stationed in Missouri yet not a Missouri resident that permits a CCW endorsement using an out of state DL. For residency status to obtain a CCW endorsement you must have residency status which is typically defined as living in that state and issued that state's ID/DL. Residency for tax purposes is more broadly defined and is likely never used as the definition of residency for a CCW endorsement by the state.

 

[mgkdrgn]

Why has nobody posted what the North Carolina statutes say?

The Utah non-resident permit IS PERFECTLY VALID in North Carolina for NC residents, according to North Carolina statute AND the North Carolina Department of Justice Website:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.24.html



http://www.ncdoj.com/About-DOJ/Law-...ment-Liason/Concealed-Weapon-Reciprocity.aspx



Notice there is NOTHING in the statute posted above that invalidates an out of state permit when carried by a North Carolina resident. An example of a state whose law does, is Washington:



You will notice there is NO SUCH LANGUAGE in the North Carolina statute.

Well, just goes to prove (again) that people that make up laws don't pay a hell of a lot of attention to what they are doing.

Strikes me as -very- odd that a NC resident, who for whatever reason could not qualify for a CCW from HIS OWN state, could legally carry in his state with an out of state non-resident license.

Would it then not make sense for NC, in a money saving measure, to point all it's residents to Utah or Pennsylvania to get their CCW's there?

 

[NavyLCDR]

Missouri is the same way. The Missouri age limit to obtain a CHL is 23. So anyone under 23 who desires to carry in MO has to get a non-resident out of state license. Missouri recognizes every other states' license.

 

[ProShooter]

Didn't your Utah instructor explain the reciprocity in class? If not, he should have.

 

[Gary Slider]

I would check further about carrying in NC while a resident with a Utah Permit/License. I do not believe NC law allows that. I could be wrong but I recommend checking further with authorities and do check with more than just one.

But the Question goes back to what is your state of residence. What state issued the drivers license you are holding now? IF it is NM you are still a resident of NM and you can carry in NC with your UT Permit/License. If you have a NC Drivers License then you are considered a resident of NC.

Again I would check further before carrying on a UT permit/license while a NC resident. Like I stated earlier I am not positive but I don't ever remember in my 15+ years of cataloging firearm laws that I heard or read that NC law allows residents to carry on another states permit/license. Here is what the AG says in his Pamphlet about the gun laws and Concealed Carry laws for NC. Pamphlet can be viewed at
http://www.ncdoj.com/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/2007-NC-Firearms-gun-Laws.aspx

As of August 14, 2003, North Carolina also allows certain out-of-state concealed
handgun permittees to carry concealed handguns, pursuant to such permits in North
Carolina if the person’s respective state also grants such privilege to North Carolina
concealed handgun permittees. N.C. Gen. Stat. § 14-415.24(a) The list of states
granting such reciprocity, and therefore, recognized by North Carolina, is constantly
changing. You should refer to the North Carolina Department of Justice’s website at
www.ncdoj.com for a current listing of those states which are allowed to carry, pursuant
to their concealed carry permits in North Carolina. While carrying a handgun pursuant
to such permit, qualified out-of-state permittees are held to the same standards as North
Carolina permittees. Consequently, there are a number of areas where concealed
handguns cannot be carried in North Carolina, regardless of the individual having a
permit to carry a concealed weapon. Again, this list is set forth on the North Carolina
Department of Justice’s website. Also included on the website is a list of “Do’s and
Don’ts” for carrying a concealed handgun in North Carolina. In order to acquire a
North Carolina permit, an individual must apply to the sheriff's office in the county in
which he/she resides.

 

[NavyLCDR]

Again I would check further before carrying on a UT permit/license while a NC resident. Like I stated earlier I am not positive but I don't ever remember in my 15+ years of cataloging firearm laws that I heard or read that NC law allows residents to carry on another states permit/license.

It's amazing that you haven't found it in 15+ years. Here you go, here's the statute:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.24.html

§ 14‑415.24. Reciprocity; out‑of‑state handgun permits.

(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina if that state grants the same right to residents of North Carolina who have valid concealed handgun permits issued pursuant to this Article in their possession while carrying concealed weapons in that state.

(b) The Attorney General shall maintain a registry of states that meet the requirements of this section on the North Carolina Criminal Information Network and make the registry available to law enforcement officers for investigative purposes.

(c) Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state. (2003‑199, s. 1.)

What you will NOT find is a prohibition of North Carolina residents possessing an out-of-state license or an out-of-state license being invalid for NC residents, because there is no such prohibition in NC law. IF an "authority" tells you that there is such a prohibition, ask them what the statute is that makes it illegal - they won't be able to give you an answer.

 

[Mags]

If that was true Navy, why doesn't NC recognize NM resident permits? NM recognizes NC.

 

[NavyLCDR]

Mags,

I would suspect it's because the North Carolina Department of Justice did not get a reply from New Mexico to their inquiry pursuit to section C in the statute quoted above.

 

[Gary Slider]

Like I said I was not positive but again I have never read anywhere even in a forum like this one where someone stated that the laws of NC allowed a resident to carry on a permit/license issued by another state. I have never heard that for NC. This post was the first time I have ever heard that. I have heard that about other states but never NC. That is why I said I was not positive and that he should check further and He should check further.

By the way as was stated why NC doesn't list NM. NM is noted for not following up on contacts from the other states.

 

[NavyLCDR]

How much further do you have to check than what the statute says? Who do you consider to be the definitive answer? What if sheriff in county "A" says sure, no problem, and sheriff in county "B" says absolutely not, it's illegal?

But, oh well, call whomever you like, it isn't going to change what is written in state law.

 

[Gary Slider]

NavyLT, The Law is just the beginning. There is case law from Lower Courts, State Supreme Ct and AG opinions that shape the laws of every state. Case law is the biggie and the hardest to research.

 

[Samari Jack]

Crow,

here's a simple way to solve the problem... just carry open while you are in N.C.

Problem with that is NC does have a law to the effect that you can open carry but if you say walk into a grocery store and scare a bunch of people because you have a gun strapped on you can be arrested for it. I don't know the legal term but that was taught in my CC class.

 

[razorback2003]

Hire Lawyer

I'd honestly hire a lawyer in North Carolina to do the research to make sure you are legal with the Utah license, if it does not seem clear one way or the other. The nice thing is you can openly carry in your car and on your person in NC. The research a lawyer does will be nice because he can back you up if you get hassled by someone. I will tell you that you are legit in TN and Arkansas with your Utah license, even as a NC resident. Arkansas residents can carry on Utah licenses, but TN residents MUST (in statute) get TN handgun carry permits within 6 months of establishing residency. Your lawyer in NC can check to see if such statute exists in NC and back you up should you have trouble carrying in NC on your Utah license as a NC resident.

 

[NavyLCDR]

If it was prohibited for a resident of North Carolina to carry on an out-of-state license, there would be a statute prohibiting it, such as Washington's, for example:

RCW 9.41.073
Concealed pistol license — Reciprocity.


(1)(a) A person licensed to carry a pistol in a state the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington is authorized to carry a concealed pistol in this state if:

(i) The licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and

(ii) The licensing state requires mandatory fingerprint-based background checks of criminal and mental health history for all persons who apply for a concealed pistol license.

(b) This section applies to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state must carry the handgun in compliance with the laws of this state.

(2) The attorney general shall periodically publish a list of states the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington and which meet the requirements of subsection (1)(a)(i) and (ii) of this section.

North Carolina has no such statute. I really feel sorry for you guys in North Carolina that have to hire lawyers to research behaviors for which there is no law against.