The do's and don'ts of concealed carry in North Carolina?

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CPshooter

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Hello everyone,

I moved to NC about 6 months ago and I'm finally getting around to getting a CCP (too bad my lifetime Indiana permit is worth nothing at this point). I read the NC firearm/concealed carry laws (see here) and it does not clearly define what is "concealed" and what is not. Can you get away with carrying in a high-riding OWB pancake holster as long as your shirt is long enough to cover it? Or is it strictly IWB carry around here?

Also, the extended version of that document goes on to talk about how it is illegal for anyone without a CCP to have a concealed weapon "within reach" when approached by a police officer. Now, they didn't explicitly say it, but they make it sound like it's perfectly legal to carry a handgun on your passenger seat, for example, without a permit as long as it's in plain sight (not concealed). Is this the case?

When traveling to the gun range without a CCP, can the ammo be in the gun or even in the same case as the gun, so long as it's still "not within reach?"

Is the car an extension of a person's home in this state? Can you carry a gun in your car without a permit as long as it's not hidden from a cop?

Also, anyone have a reference to the home defense laws in NC? Is there "castle law" here or is it very strict with how one must defend one's own family and property? For example, are you restricted to using a measure of force that is less than or equal to the perp's method of attack?

This stuff is always a gray area to me, so I'm hoping a few of you native North Carolinians can chime in and shed some light on the subject. Many thanks in advance!
 
Welcome to NC!

Head on over to carolinashootersclub.com

Great local forum with tons of helpful folks.

- car carry without CHP must be either inaccessible or in plain sight. Problems that inaccessible is not defined, so you're at the discretion of the officer.

- NC is an Open Carry state, so no worries about accidental flashing with n OWB.

- Castle Doctrine was recently passed

- MUST inform police if you are approached

- no restaurant carry if alcohol is sold on site (Applebee's for example)





Sent from my iPad using Tapatalk HD
 
NC is an open carry state so you can carry a weapon as long as its not concealed. Concealed is concealed weather its IWB, SOB, under your shirt, in a pocket. The class will help. I got my conceal carry many years ago because at times I covered my gun with a jacket or put it in the center console of my truck. I still carry open around the house and when in the woods. Evan before I got the ccp if I got stopped (not that often) or going through a DUI check point I would always inform the officer when they came to the window, one time an officer took a step back and called over another officer. The older one just said well thats legal is there a problem. There is/was a state trooper that was in this area that had issues but I've only delt with him once. Most of the time its where is it? What is it? What kind of holster, do you like it, ect. ect.? Have a nice day. As for defending your home its your home you do what you have to to protect your family just don't shoot anyone in the back unless you have to:eek:. Some of the laws have changed since I took the class but luckily you have guys like Johnny Dollar on this site that have a lot of knowlege.

EDIT: I thought conceal carry had been extended to resturants? Although Applebees says no to conceal carry anyway. They aren't considered a bar but a resturant.
 
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Grmlin said:
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EDIT: I thought conceal carry had been extended to resturants? Although Applebees says no to conceal carry anyway. They aren't considered a bar but a resturant.
Click to expand...


Nope, got killed in the House last session by my very own local rep, Tom Apodaca.

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Thanks so much guys! That was extremely helpful. I suppose they will also go over everything during the handgun safety class that I have to take.

I'm so happy about the open carry! In Indiana it had to be concealed, which meant an IWB holster for the most part. I never wanted to take my chances with an OWB holster and just a shirt over it because someone could see it and call the cops on me. Now I have an excuse to buy that Glock 36 that I've been itching for along with a nice high-ride pancake holster!

Any recommendations on a good place near Raleigh/Durham to take the safety course? Perhaps something a little more tactical and useful than just safety? Thanks!
 
CPshooter said:
. . . . In Indiana it had to be concealed, which meant an IWB holster for the most part. . . .
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I do not want to hijack this thread, but that statement is simply incorrect. One must have a License to Carry Handgun for either open carry or concealed carry, but there is no requirement that the licensee carry concealed.

Check out http://www.opencarry.org/in.html

Now, back to the discussion of North Carolina requirements (of which I can provide absolutely no insight).
 
vanagon40- Is that a relatively new change in the Indiana law? I am almost certain that a few years ago it was concealed carry only in Indiana (i.e. no open carry).
 
CPshooter said:
Thanks so much guys! That was extremely helpful. I suppose they will also go over everything during the handgun safety class that I have to take.

I'm so happy about the open carry! In Indiana it had to be concealed, which meant an IWB holster for the most part. I never wanted to take my chances with an OWB holster and just a shirt over it because someone could see it and call the cops on me. Now I have an excuse to buy that Glock 36 that I've been itching for along with a nice high-ride pancake holster!

Any recommendations on a good place near Raleigh/Durham to take the safety course? Perhaps something a little more tactical and useful than just safety? Thanks!
Click to expand...
Step 1, just take the class that qualifies you for your CHP. Then move to some more advanced training. The Wake County Range offers a variety of classes that might help later. Thuoght they offered the course for CHP, but apparently not.


You should definitely follow WNC Seabee and myself over to Carolina Shooters Club and introduce yourself. You'll be able to find a lot more region specific information there.
 
If you haven't already taken note, two other places that are off-limits are any place of worship, and any venue into which you had to pay an admission charge (this would include such places as amusement parks, concerts which charged admission, and movie theaters.)
Also, I think NC was the one of three states I just recently spent some driving time in that also prohibited carry at events on public property that involved the gathering of spectators. That would include demonstrations, parades, and concerts occurring on public property.
Restaurant carry is pretty much limited to breakfast/lunch diners, and fast-food places, as most others serve at least beer, making them off-limits.
Other than these much more restrictive carry laws (than here in Florida), I really liked it there; I was in and around Franklin, between Asheville and Murphy.
 
State parks in NC have their own carry restrictions. Open carry is legal in NC. However, most legal experts discourage open carry unless you are on your own property, hunting, camping, or some other activity were you might have to kill a snake...

Cities and counties can outlaw open carry and many do. Anyone can accuse you of brandishing a firearm. Since brandishing a firearm is a misdemeanor, all the accuser has to do is give a statement to the police. The accuser doesn't have to appear in court. It's your word against theirs with no cross examination. To get a fair and open trial you have to appeal to a superior court.

NC recognizes all permits from all states. The law was just passed and might not be in effect yet. You need to see a lawyer or someone who knows more than I do. All I know is what I have seen on the news.

All NC firearms rules are vague and confusing. NC firearms laws were purposely written that way. They were Jim Crowe laws and were never intended to be enforced on the general public. Basically NC firearms laws give the local Sheriff total control over who gets a purchase permit or concealed carry permit. The sheriff can make his own rules and deny anyone a permit without reason and the applicant has no recourse that I know about.

You can not carry a firearm into any establishment that serves alcohol. That means any establishment that serves alcohol by the drink.

To avoid all risk of being accused of carrying a concealed weapon three requirements must be met. First the firearm must be unloaded. The gun must be in the trunk or toolbox. (behind the seat of a pickup is not good enough). The gun and the ammo must be in separate compartments of the vehicle. (such as gun is trunk - ammo in glovebox)

I have just gotten started on things a newcomer should know about firearms in NC. I would need to consult an attorney to go any further.

@CpShooter I would focus on getting my concealed permit or advanced training. You can't get it all bundled into one session. The concealed weapons permit class is 8 hours. Most instructors teach it in one long day. The cost varies from $60 to over $100. I wouldn't be concerned with the cost. I would just find someone that just wants to get you approved for a permit. Just like the laws there are few set parameters for the course other than marksmanship. Instructors can and some do require more than the state required level of proficiency with a handgun.
 
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First the firearm must be unloaded. The gun must be in the trunk or toolbox. (behind the seat of a pickup is not good enough). The gun and the ammo must be in separate compartments of the vehicle. (such as gun is trunk - ammo in glovebox)
Click to expand...

Hmm. I can fine no mention at all in NC laws about loaded vs. unloaded. No distinction whatsoever. I'll have a closer look and see if I missed it somewhere.
 
First the firearm must be unloaded. The gun must be in the trunk or toolbox. (behind the seat of a pickup is not good enough). The gun and the ammo must be in separate compartments of the vehicle. (such as gun is trunk - ammo in glovebox)
Click to expand...

No such requirement at the state level. As I understand it, there may be some tighter restrictions to at least some degree on more local levels, though I think the state has a pre-emption statute.

However, "One Jackal" writes that these "requirements" are
To avoid all risk of being accused of carrying a concealed weapon.
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He does not say that they are in state law; he's just offering an opinion.
 
State parks in NC have their own carry restrictions. Open carry is legal in NC. However, most legal experts discourage open carry unless you are on your own property, hunting, camping, or some other activity were you might have to kill a snake...
Click to expand...

Which experts? I haven't heard of such a thing, though there is plenty of internet misinformation making claims to the contrary, open carry, with or without a CHP, is perfectly legal in NC, except where weapons are prohibited by law.

Cities and counties can outlaw open carry and many do.
Click to expand...

So far as I have been able to determine only the Town of Chapel Hill and the Town of Cary have ordinances prohibiting open carry.

Anyone can accuse you of brandishing a firearm. Since brandishing a firearm is a misdemeanor, all the accuser has to do is give a statement to the police. The accuser doesn't have to appear in court. It's your word against theirs with no cross examination. To get a fair and open trial you have to appeal to a superior court.
Click to expand...

That is absolutely untrue. Yes, anyone can accuse you of anything, but that accuser still have to appear in court, even district court, and testify. The only real difference between district court and superior court is the lack of a jury for trials for criminal offenses in district court. One does, however, have an automatic right of appeal to superior court and a right to a jury trial there.

FWIW, North Carolina does not have a statutory prohibition on brandishing a firearm. The common law offense of going armed to the terror of the public is the closest we get, and it applies to any weapon, not just firearms. It is a misdemeanor, but anyone accusing someone of a violation still have to appear in court and testify if there is to be any hope of a conviction.

NC recognizes all permits from all states. The law was just passed and might not be in effect yet. You need to see a lawyer or someone who knows more than I do. All I know is what I have seen on the news.
Click to expand...

Universal recognition is in effect in NC.

All NC firearms rules are vague and confusing. NC firearms laws were purposely written that way. They were Jim Crowe laws and were never intended to be enforced on the general public. Basically NC firearms laws give the local Sheriff total control over who gets a purchase permit or concealed carry permit. The sheriff can make his own rules and deny anyone a permit without reason and the applicant has no recourse that I know about.
Click to expand...

The sheriff has some leeway in the issuance of handgun purchase permits. The requirements for issuance of a concealed handgun permit are spelled out in statute, and the sheriff has no leeway in the issuance of them. In the event the sheriff fails to issue a CHP unlawfully, that decision can be appealed to district court.

You can not carry a firearm into any establishment that serves alcohol. That means any establishment that serves alcohol by the drink.
Click to expand...

That is correct.

To avoid all risk of being accused of carrying a concealed weapon three requirements must be met. First the firearm must be unloaded. The gun must be in the trunk or toolbox. (behind the seat of a pickup is not good enough). The gun and the ammo must be in separate compartments of the vehicle. (such as gun is trunk - ammo in glovebox)
Click to expand...

Perhaps that is true in some state in the union, but not North Carolina. The only thing one has to be sure of is that said weapon is not concealed, unless it is a handgun, and the person in possession has a CHP.
 
CPshooter, still haven't seen your name pop up on Carolina Shooters Club. Tsk tsk. You're missing out on all the fun.
 
CPshooter said:
Thanks so much guys! That was extremely helpful. I suppose they will also go over everything during the handgun safety class that I have to take.

I'm so happy about the open carry! In Indiana it had to be concealed, which meant an IWB holster for the most part. I never wanted to take my chances with an OWB holster and just a shirt over it because someone could see it and call the cops on me. Now I have an excuse to buy that Glock 36 that I've been itching for along with a nice high-ride pancake holster!

Any recommendations on a good place near Raleigh/Durham to take the safety course? Perhaps something a little more tactical and useful than just safety? Thanks!
Click to expand...
PDHSC, 301 Tryon Rd, Raleigh
919-779-6880
 
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