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Open carry with a In the waist band holster with out a concealed carry permit?

hotrod08

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Dec 28, 2009
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FYI, you do not have to be 21 to take the class. And the certificate does not expire. So take the class early. Then walk in on your Bday to turn in the paperwork. Might save a bit of time.

If you get hounded for "trying to conceal", you could ask them how they knew you had a gun. If they see it, it's open. Right? Personally, I just go all out with a SERPA.

Thats what Im gonna do, I should have made it clear I have to wait 11 months to fill out the CHP form but me and my brother in law are going together in January sometime to take the class.


Right on, THat was my thought, I just hope no one says anything, THough if need be ill confront the issue.


Yeah I LOVE my serpa the only reason I was looking for something less noticeable is I have to go out alot at night (Not because I want too) ANd most times Its not the best area, ANd when I am carrying in those areas people ask why I am carrying and sometimes make a big deal out of it.

I have been told (By more than one person while i was carrying) I must have a Small D*** because I have to carry a gun to defend my self, I want tell you my reply.
 

rotorhead

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Sep 18, 2010
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On a side note, don't be in such a hurry for the class and permit. Legally, it opens you up to a higher standard, sort of a "you should have known better" premise. Much like an off-post pass (for those of us that have been stationed overseas in the military), it's the first thing they want to take away from you for even minor issues.

I hear this higher standard brought up often. Is there case law to prove that or is it just an assumption?

I'll attempt to clarify myself in response to this and hotrod's post.

I do not believe there is case law or anything spelled out in any NC or federal statute which legally sets a CHP holder to a higher legal standard than one without a permit as it pertains to carrying a handgun. In that sense, I misspoke (or better yet, simply messed up) and did not mean to imply there is a higher "legal" standard.

Given that, I will say it's an assumption on my part based on conversations I've had with both LEOs and friends who have a CHP in this state. Based on these conversations I have been very hesitant to apply for a CHP as it seems to be the first thing the state wants to take away if there's any appearance of wrong doing on my part. Even if found not guilty it's still subject to being suspended until after a matter is resolved in court- as was the case involving one of my friends a year ago.

Personally, I just don't want any part of the CHP. I may end up getting one for reasons I stated earlier, but other than that, I'm not big on "hall pass" policies being attached to my rights.

To each his own though, I reckon.

Sorry about the confusion, btw :)
 

hotrod08

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Thats just an assumption, IMO.

People think that you 'should know better' because you've been taught laws pertaining to CC'ing. As someone else said though - 'I didn't know' isn't a valid defense when charged with manslaughter.


I'm not sure the state (I don't think it was NC) SO it doesn't really count here.
But in one state, If you were caught carrying concealed in a place that served alcohol without a CHP it was a misdemeanor and if you were caught carrying Concealed with a permit it was a felony.
 

Resto Guy

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Aug 3, 2008
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.....Even with a permit, I'll still be mostly OCing. I'll only have it for two reasons: to cover my ass when longer, heavier clothing is worn, and to be legal when I'm forced to disarm before going into areas where guns are not allowed. The permit allows you to hide your weapon in your car instead of leaving it in full view (thereby enticing thieves to steal it) as law currently dictates.

I may be reading too much into your comment, but just in case I'm not let me say this. If you are not in your vehicle, you legally can (and should) hide and lock your handgun from view if it has to be left behind. Having a permit to conceal in this instance does not matter if your vehicle is unoccupied, only if it is occupied. Now, if you were to leave your weapon hidden in your car and others occupy it (NOT minors or "permitted" adults, of course), they would be in possession of a concealed weapon, even if unknowingly. In that event, it should be left in the open to prevent the occupants from being in violation.
Whenever re-entering your vehicle if alone, you can retrieve the weapon and place it in view before doing anything else.
 
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sultan62

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Clayton, NC
I may be reading too much into your comment, but just in case I'm not let me say this. If you are not in your vehicle, you legally can (and should) hide and lock your handgun from view if it has to be left behind. Having a permit to conceal in this instance does not matter if your vehicle is unoccupied, only if it is occupied. Now, if you were to leave your weapon hidden in your car and others occupy it (NOT minors or "permitted" adults, of course), they would be in possession of a concealed weapon, even if unknowingly. In that event, it should be left in the open to prevent the occupants from being in violation.
Whenever re-entering your vehicle if alone, you can retrieve the weapon and place it in view before doing anything else.

+1, I read that comment the same way.
 

rotorhead

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Sep 18, 2010
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862
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I may be reading too much into your comment, but just in case I'm not let me say this. If you are not in your vehicle, you legally can (and should) hide and lock your handgun from view if it has to be left behind. Having a permit to conceal in this instance does not matter if your vehicle is unoccupied, only if it is occupied. Now, if you were to leave your weapon hidden in your car and others occupy it (NOT minors or "permitted" adults, of course), they would be in possession of a concealed weapon, even if unknowingly. In that event, it should be left in the open to prevent the occupants from being in violation.
Whenever re-entering your vehicle if alone, you can retrieve the weapon and place it in view before doing anything else.

You did, and didn't...but it's not your fault-it's mine. :p

I'm not the most articulate creature so sometimes I leave stuff out when writing in a hurry or simply fail to express my points clearly. In this case, I was intending to create the scenario of me placing my gun under the seat or in the glove box before exiting the car to walk inside. If by chance this action happens to be seen by either LEOs or a concerned citizen who then calls 911 to report me, I'd have some tap dancing to do to explain myself- something I'd rather just avoid altogether if possible.

Normally I'm very careful to observe my surroundings before these actions, but I can't see everything all the time. I could also place it in my trunk in a locked container, but I'd rather not if possible.

This is the scenario I was trying to convey earlier, albeit with more detail.

Now, I'm sure I could probably convince most officers that I was simply hiding it from view to prevent it's theft before going inside and in most cases it would probably fly. But, I'm thinking that the CHP might provide an added measure of legal protection in instances such as I described.

I'm certainly no expert in all of the many laws and statutes that deal with carrying and more than open to correction and continued learning. Are my concerns unfounded in the above scenario?

Thanks in advance. :)
 
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Northerner

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Aug 20, 2010
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Clayton, NC
Now, if you were to leave your weapon hidden in your car and others occupy it (NOT minors or "permitted" adults, of course), they would be in possession of a concealed weapon, even if unknowingly.

I have emplored my wife to repeatedly to get a CHP for this very reason. We went to Woods of Terror (Greensboro) this last Thursday night (they make you disarm by the way - private property), and after we left to go home (2 hours), at midnight we stopped at a Kwik Mart. I wanted to leave the fire arm in the car for my wife and friend, but she did not want to keep it in the open as I instructed her, so I strapped on and went inside, watching them from inside the store while I got some waters.
 

chiefjason

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Jan 29, 2009
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1,025
Location
Hickory, NC, ,
I have been told (By more than one person while i was carrying) I must have a Small D*** because I have to carry a gun to defend my self, I want tell you my reply.


After hearing that said on a few boards I have constructed a fairly decent answer. I think.

If carrying a big gun compensates for small manhood, what does carrying a compact handgun compensate for?
 
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