How I Carry Concealed LEGALLY at Age 20 in a 21+ State

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WhitePony

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Central North Carolina
The state of North Carolina won't issue me a CCW Permit, because the law says I'm 10 months too young. Thanks to everyone at The High Road, however, I found another way to legally carry concealed here in NC, and I wanted to share my story.


BACKGROUND

I'm 20 years old--on my own since I age 16--I've been in college four years, and I've been shooting handguns since I was 8 years old. My father bought me my first pistol (Davis .380 ACP) when I was 12, and soon returned it for a better gun (Smith & Wesson 6904 9mm) when I was 13.

I've been in college since age 16, working two jobs and going to school full time since age 17--the same year I joined the NRA--and I registered to vote and joined the Libertarian Party when I tuned 18. I'm a journalism major with dreams of law school, a lifelong gun enthusiast and a political junky. Vote for Ron Paul.

Needles to say, I'm pro-gun to the core, and I love to shoot.

The idea of a CCW Permit first occurred to me when my Dad was robbed at gunpoint outside a Wal-Mart by three convicted felons in 2002.

Three years later, I took a job as a cashier in a one-cop town, a mile from the highway, in a restaurant that bankrolled $3000 cash per shift. As I counted the bills into neat stacks around 11pm each night, it sickened me to think that the back door was open, the silent alarm was broken, and I'd be the one getting shot if we were robbed.

That summer I finished my term at community college and transferred to a four year school in a different town. I took a job waiting tables nearby, and would have been robbed in the parking lot the same week, if I hadn't locked my car doors just seconds earlier.

I lived on campus, so I didn't have my gun, but I got it back when I moved off campus a year later. I joined a local range and started shooting again after what felt like years. I couldn't stop thinking how nice it'd be to have a CCW. I'd studied the law enough to develop tricks like removing the slide and putting the lower receiver in the trunk when traveling (NC has no specific laws about regarding transporting vs. carrying, but they do have laws about what actually constitutes a firearm), but I thought it was ridiculous that I had to, when I knew I was better trained than even some law enforcement (for one thing, my gun is CLEAN).


THE BEGINNING

I got so pissed one night, that just for the hell of it I started researching other states laws on sites like handgunlaws.us and usaconcealedcarry.com. The doctor says I'm Adult ADD, but I can research the hell of anything that interests me.

I discovered that most states have reciprocity (NC's permit is one of the best for that), and that some states only require you to be 18+ to get a CCW permit (Indiana, Texas, etc). I found that since reciprocity is so random and confusing, some states just issue Non-Resident permits, and some states even honor such permits under reciprocity agreements.

I went through the entire Non-Res .pdf document from handgunlaws.us, and found that of all the states that would issue me a Non-Res CCW at 18+, they all required that you own property in the state (SC, TX), live in a bordering state (OR), or have a previously existing permit (NH), except one: Maine. Maine will issue a "Non-Resident Permit to Carry Concealed Firearms" to anyone 18+ with a clean record, no mental health issues and "proof of handgun safety training and knowledge."

I almost gave up when I found that Maine permits are not honored in NC.

Then I remembered New Hampshire. I downloaded their application for a "Non-Resident Pistol/Revolver License." The application stated that unless I was a Vermont resident with a letter from my Sheriff (VT doesn't issue permits, since it has no laws against concealed carry), I needed to provide a copy of a valid CCW permit issued by my home state, or "...any other state."

"...any other state"

That phrase was my last hope.

A guy on northeastshooters.com posted a link from Pro-Gun NH's website which said that as of 2004, the state dept. ruled that a non-res CCW permit from another state qualified an applicant to receive a NH non-res CCW permit. Ironically, this is thanks gun-hating states like NJ and NY where it's difficult if not impossible to get a CCW, and residents instead get permits from places like Utah or Florida.

Personal accounts from THR affirmed that a non-res permit from somewhere else satisfied New Hampshire's requirement.

I finally had a plan.


THE PROCESS

I printed off the Maine non-resident application, filled it out, and copied all the documents I needed to submit (birth certificate, passport photos, etc).

I was only missing one: "Proof of Handgun Safety Training and Knowledge."

Nothing specified what exactly they wanted, so I searched until I found a guy on SigForums.com who had a ME Non-Res CCW Permit that said an NRA Basic Pistol Course certificate should work fine.

The gun ranges here only offer that course to those 21+, but since that's a business policy and not a law, I found an certified instructor on craigslist, explained my situation, and he agreed to give me the course.

After I passed the course, I copied the certificate, along with my annual safety cards from both ranges I frequent, one of which actually says "Annual Safety Certificate."

I sent my application packing to the Maine State Police: Gaming and Weapons Unit in Augusta, ME on 11/28/07.

I received my permit 84 days later.

permit01.jpg


I had already written the check for New Hampshire by the time I got the Maine permit. I made a copy of it and sent in my application the next day.

I received my permit 47 days later (thanks again to everyone here who kept me updated on the delay).

permit02.jpg



AFTERMATH

I have the utmost respect for the men and women in law enforcement, and I think 98% of them are fine, upstanding people whom I thank for their service. I think cops are stereotyped unfairly 99% of the time, because only the overzealous ones harass you for no reason, while the rest are out there keeping you safe and minding their own business.

With that said, I've had more than my share of experiences with the overzealous type. I've been pulled over eight times in two years and never ticketed, illegally searched once, had my unloaded guns confiscated from the trunk of my car, and then returned, because the police officer "made a mistake."

I'm terrified of getting pulled over. It scares the !#@$ out of me, and I know that some officers don't know the law. That's why I carry the same law book that they do in my car.

Unlike Colorado, Michigan, Florida and other states that specifically state that non-resident permits are NOT covered under reciprocity, North Carolina's law simply states:

§ 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.

The state of Georgia, which honors non-res permits under reciprocity, specifically states in their laws that while non-resident permits are fine or non-residents, a resident of Georgia must have a Georgia permit.

North Carolina's law says no such thing.

I printed off a copy of this law with a highlighted section, along with the official list reciprocity states from the NC Dept. of Justice website and put them in my car. Since under NC Law, I can legally possess a handgun at age 18, but not buy one until I'm 21, I returned my Smith & Wesson to my Dad, and had my mom buy another gun for me, a Glock 23.

I then had a legal document drawn up and signed, authorizing me to me in possession of her property, since I knew someone might challenge whether or not I legally acquired the gun, even though I was old enough to possess it. A copy of this also went into my car.

The day I got the NH permit, I took to the sheriff's office and asked if they recognized it. After a lot of confusion, a detective told me that since I was an NC resident, my NH permit was NOT honored, and I needed to obtain an NC permit. I asked him to produce an official document stating as much...and after thirty minutes, he was still unable to, but said that's what he'd been told, what his sergeant had been told, and to call the NC Attorney General's Office.

On the first call, I spoke with an Assistant Attorney General, who said the matter depended on whether or not New Hampshire intended for non-resident permits to be included in the agreement, and to call them and find out.

I called and spoke with a Detective in the New Hampshire AG's office, who was extremely confused how I'd obtained a NH permit, and called me back to say that he didn't know and to check with the North Carolina authorities.

Frustrated, I called the State Director of the NRA for advice, and he laughed hysterically, thought it was the funniest thing he'd ever heard, and gave me the number for the firearms specialist in the AG's Office.

I called, and he was very short, questioned why I had a New Hampshire permit and not a North Carolina one, and I told him that if the state would issue me one, I'd take it, but they won't.

He confirmed twice that regardless, my NH non-resident permit is 100% honored under NC law, and that any sheriff that told me otherwise was wrong, and to have them give him a call.

I called the Sheriff's Dept., and this time spoke with the Deputy who assists the sheriff in issuing NC permits. Her response was,

"I wish you remembered who told you that your permit isn't honored, because honestly, I don't see the problem with it. Remember, we're street cops. We don't really know the law about this kind of thing, but as long as someone produces a permit that's not expired, I usually don't even check the list. I think you chances of actually being cited for this, when you have TWO permits, are slim to none, but you're welcome to come in and get a letter from the sheriff explaining it if you'd like."

I then called an attorney, to ask if I could have this thrown out, if I were actually cited. His response was,

"This would almost certainly be thrown out before it ever went to trial. Only a really overzealous DA would ever try to prosecute you on a charge like that, and even if they did, you can beat it in court. So don't worry about it."

I'm making an appointment to see the sheriff next week.


THOUGHTS

This saga all started by researching laws, and reading personal accounts here on THR. Thanks everyone, for your insights, advice and opinions. I didn't even register on this forum until today, but the information I got from it was invaluable, and I certainly put it to good use. Thanks again.
 
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Amazing research. You sure found your way around the law. Do you think you can find a loophole like that to allow me to carry in Illinois? :p
 
bogie said:
Having read this, you ought to ask your doctor about Asperger's Syndrome...

I doubt it. I'm highly social and I thrive in front of an audience.

ADD is just a way the system classifies people who refuse to apply themselves to things that aren't interesting.

Picard said:
Do you think you can find a loophole like that to allow me to carry in Illinois?

Yes. Carry unloaded in a "fanny pack." Unless they're changed it, Illinois law allows for FOID holders to carry their firearms unloaded in public. If you have a semi-auto, it doesn't take long to insert a magazine and drop the slide.

Double check that for yourself though.
 
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From someone in the same position (I only have 5 months left!:D) I wish I could use the same loophole. Unfortunately stupid CO only accepts residential permits :)mad:). Oh well... Congrats on beating the system!
 
Yes. Carry unloaded in a "fanny pack." Unless they're changed it, Illinois law allows for FOID holders to carry their firearms unloaded in public. If you have a semi-auto, it doesn't take long to insert a magazine and drop the slide.

I'm not sure about Illinois, but by some states' laws, having a loaded magazine and a firearm said magazine fits constitutes a loaded firearm even if the magazine is not inserted into said firearm. At least, so I have read.
 
Isn't it illegal in NC to purchase a handgun for someone under 21? Could be something that someone mistakenly told me, but I've heard that.
 
For a quick-loading "unloaded" gun, consider the Smith and Wesson Schofield. (actually, the modern clones made in Italy.) It is a top-break, single-action .45 caliber revolver occasionally seen in Cowboy Action Shooting matches. A bit large, rather pricey, but very fast to load from single rounds. There are a number of other top-break guns of various manufature, some good, some crap.
 
Isn't it illegal in NC to purchase a handgun for someone under 21? Could be something that someone mistakenly told me, but I've heard that.
Yes. However, 18-21 is a gray area in which you may possess a firearm, but it can't be yours.


My concern with your situation is that in reciprocity, do you not have to abide by the state's laws that you are carrying in? If so, you would not be clear to concealed carry in NC at 21, regardless of your other permits (21 may have just been for NC CCW approval though, not actual requirement).
 
I would not be so sure. I am an attorney, true not in the States you mention. But, unless I had it in writing that you were good to go, I would not advise you to carry.

In every State that I am aware that issues to 18 year old people, that permit does not become valid in a 21+ State until you are 21.

So, despite all the apparent good news, I would not be so confident.
 
My brain hurts.

My input, you've done a lot of research. Any PO you run across will NOT have that level of understanding and cite you with...something. You'll then have to prove yourself in front of a judge who again...will probably not have knowledge of the issue.

Bottom line, it stinks but might want to wait a little while longer and just carry pepper spray or something. I'd hate to see you get slapped with a felony posession and have your rights permanently taken from you.
 
fletcher said:
Yes. However, 18-21 is a gray area in which you may possess a firearm, but it can't be yours.
Correct.

It would be illegal for someone to buy a handgun and give it to me forever. That's I had a temporary possession agreement made and signed by both parties, and a witness, when my mom bought the Glock. The document includes the gun's serial number, and gives her complete permission for me to possess it within the written dates (the purchase date until my 21st birthday).

It made it to show that she didn't buy it for me, she bought it for herself and is letting me use it, just like if she'd bought a car in her name and let me drive it.

It IS illegal, however, for anyone, a parent or otherwise, to give possession of a handgun to anyone under 18 (unless that person's an emancipated minor, who keeps it inside his or her residence).

fletcher said:
My concern with your situation is that in reciprocity, do you not have to abide by the state's laws that you are carrying in? If so, you would not be clear to concealed carry in NC at 21, regardless of your other permits (21 may have just been for NC CCW approval though, not actual requirement).
Only if such a requirement is specified under the reciprocity agreement, the same way it is in agreements that say "resident permits only."

Arizona's reciprocity agreement with New Hampshire is a good example. Also, Arkansas's agreement is for Law Enforcement Only (kind of obsolete since the LE Protection Act of 2004).

Check here for reference:

http://www.nh.gov/safety/divisions/nhsp/ssb/permitslicensing/plupr.html

You're correct that the 21+ provision only exists to regulate who can get NC permits. There's no law against a person 18-21 carrying concealed anymore than there is anyone else. The law simply says what I posted: "a permit issued by another state is valid in NC if..."

To put it into perspective, as someone over 18, I can legally OPEN carry in NC all I want, I just don't wanna deal with all the bullsh%! that goes along with it.


phorvick said:
In every State that I am aware that issues to 18 year old people, that permit does not become valid in a 21+ State until you are 21.
Again, that depends upon the terms of the reciprocity agreement, which is usually based on statutes. Some states have laws barring mere possession of a handgun by anyone under 21, and some against anyone under 21 carrying whether it's with a valid out-of-state permit or not (again, see Arizona).

North Carolina has neither. North Carolina basically has a lot of gray areas that I'm taking advantage of.

phorvick said:
I would not be so sure. I am an attorney, true not in the States you mention. But, unless I had it in writing that you were good to go, I would not advise you to carry.
Hey, if anyone understands that concern, it's me. I'm the one who has to explain a mere arrest without conviction on my application to law school.

Getting it in writing is exactly why I'm going to see my county's sheriff. I thought about having the AG's office issue a written opinion to the sheriff (which one assistant AG offered to do), and then requesting a copy of it under the Freedom of Information Act, but since I've had a cop tell me basically "Piss off, they'll handle it in court," while writing me a ticket, I figured a letter from a sheriff would likely mean more than one from a court authority, in the event of a confrontation.

I called an assistant DA for my county also, and while she admitted she'd never seen a case like mine, she said,

"If that's what the Attorney General said, I would think they told you the right law, and I highly doubt we would prosecute a charge like that if it conflicted with the AG's opinion."

Also, my own attorney told me not to worry about it, because it'd be thrown out in court more than likely, and definitely defeated in a trial otherwise.

I am more than prepared for the fact that it could be a real pain if I get stopped (especially since NC requires permit holders, out-of-state or otherwise, to inform the officer any time they're stopped). But this is one right I'm willing to fight for.

That's the problem with this country: nobody appreciates their rights, because nobody has to fight for them...but I live for this stuff.
 
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You have documented proof that it is LEGAL for you to carry. You did your research and your permit was issued. YES, you could still be arrested, but there'd be no way in hell you'd be charged with anything- you obeyed the law to the best of your knowledge.
 
Wow... Just wow. I'm really going to need to look into this myself. Of course, I live on campus most of the time, so being able to carry concealed legally may not do much for another year or so, but it would be pretty nice to have some form of protection everywhere else. This really is wonderful work, though. Thank you so much for sharing this.
 
Heh. Pretty damn good stuff.

I think if that if you are arrested, and you have that arrest thrown out because you knew the law better than the officer that arrested you, that should be a BONUS to any law school you applied to.

Think about it; you managed to research the laws in several different states and to creatively use that information to your advantage in order to solve your particular problem. That's what any good attorney should be able to do, and you haven't even taken the bar exam. ****, man, you're already ahead of the game. Of course, the people handling admissions to that law school may not be able to recognize that kind of creative problem solving, so who knows...

Also, I think the doctor that diagnosed you with AADD is full of it. ADD, in all forms, is widely over-diagnosed any time someone's personality doesn't fit some arbitrary standard. Someone who truly had ADD probably wouldn't have been able to do what you did.
 
Let me say, first of all, thanks a lot--really and truly--to everyone here.

Thanks for all the support AND critique. We're all pro-RKBA here, so any critique only serves to help me understand my position better, and to make all of us smarter in the process.

I wouldn't have gotten those permits without reading post after post here on THR.

So be PROUD OF YOURSELVES.

The only reason this thread was my first post is because I didn't have anything to contribute yet.


chris_in_va said:
My brain hurts.
I sympathize. I've been researching this since September of last year.

chris_in_va said:
My input, you've done a lot of research. Any PO you run across will NOT have that level of understanding...
Agreed. Even the officer who told me "I would never cite someone with a valid CCW from anywhere..." preceded that with "Look, we're street cops. We don't know the law about this sort of thing."

chris_in_va said:
...and cite you with...something.
From what I can tell, that depends on the officer. The Highway Patrol (NC's Equivalent of the State Police) told me in an e-mail "If you have a permit from New Hampshire, North Carolina will honor it, just like the [Attorney General's] website says."

Let me emphasize again that I have explained to each and every government agency and official that I am 20, not 21, and a resident with a NON-resident permit.

chris_in_va said:
You'll then have to prove yourself in front of a judge who again...will probably not have knowledge of the issue.
Also likely, but I'm prepared for that. I've spent a lot of time in the courtroom as a legal intern, and that experience suggested exactly what my own attorney said: in a case like that, they'd get an opinion from the AG's office, and the AG's office says I'm legal, even though I'm 20, and even though I'm a resident.

chris_in_va said:
Bottom line, it stinks but might want to wait a little while longer...
I've thought about it, but at this point, I'm doing this thing just to do it. Even if I were told "No, your permit is not honored" by the highest authority, the first thing I'd do is submit an open records request for whatever government document stated such, and I'd fax it to New Hampshire and have the reciprocity agreement changed or revoked.

I'm messing with the system. I'm being a huge pain in the ass to the government, and I love doing it, because the government has way too much power and not enough people are willing to give them a hard time.

Everyone on this forum works hard, and every year pays more taxes for less freedom, more national debt, less valuable currency, and shi%!ier candidates every election cycle who offer amnesty to illegal immigrants while making it harder for the ones working their ASSES off to get here legally, and give more money to people living on welfare than those serving in the military.

I LIKE making the government work for me for a change. After all, that's what I pay them taxes for.

chris_in_va said:
I'd hate to see you get slapped with a felony posession and have your rights permanently taken from you.
According to my county's Sheriff Dept, it's no longer a felony, just a misdemeanor citation. I haven't verified that for myself yet.

I'm fine with them slapping me with something, because I don't think it will stick.

The bottom line is, there is NO LAW for them to hold charges on. The Attorney General can't find one, MY attorney can't find one, the Sheriff can't produce a document for one, and I can't find one myself anywhere in the general statutes, and believe me, I've looked. If anyone else finds one, let me know.

Here's another reason I think an officer might be hesitant to charge me:

I carry the same legal reference book in my car that the police carry in theirs (it's called North Carolina Crimes, by the way, a reference book for the criminal law statutes, if you live in NC, get one). It sits in plain view on my front seat, just to let them know I have at least the same knowledge of the law that they do.

Something else I should mention, is that I'm a member of the press. I'm not just a journalism student...I've been published and I'm currently under contract. I have a press pass on my car, right under the inspection sticker. I park at crime scenes. You wouldn't believe how nice the officers at drunk stops become when they see that sticker.

I try to make it as clear as possible that not only do I have at least their knowledge of the law...I have no problem recording everything they say and having it published. Legally, all I have to do is push a button and say "This is on the record, by the way."

chris_in_va said:
...and just carry pepper spray or something.
My gun holds 13 rounds of Speer Gold Dot .40 S&W hollow points.

That'll work if I'm facing nine gang members in a dark parking lot.

Pepper spray will not.

So here's what I ask myself...

Would I rather be dead, and avoiding legal confusion, or be ALIVE, and sorting some things out in court?
 
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Hee. This thread makes me giggle.

Good work, yo. I've done something similar several years ago shortly before turning 21. And before that, I simply carried illegally. Risk versus reward, etc. After turning 21, I merely applied for an NC CCW permit and voila, four weeks later, I get something that wholly and completely legitimizes what I was doing anyway. Silliness, really. But I wholeheartedly agree on working the system and getting peopele to *think* every now and then with special cases.

Too many people go around their daily routines in auto-pilot these days, and when confronted with a special case, they either shut down, pass the buck, or express genuine interest in your special case. It's the nature of the bureaucracy. Such was with my case, and such will be with yours, no doubt. Ten months, and you'll never have the opportunity to do this again with the same effect. :p Good luck.
 
whitepony saw this post and the sister post on TFL great first posts!

I tried finding a way to do it in Florida to no avail, now I just wait 10 months.

Chad
 
As an 18-year-old North Carolinian walking around with only a drop-point in my pocket, THANK YOU! This is an exceptionally clever idea. Do you mind if I copy your system?
 
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