Gun laws

Chevy#1

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Joined
Jan 15, 2014
I just got a truck gun rack and I was just makeing sure that it was legal for my to carry rifles in this way also is a permit needed for this and I live in guilford county North Carolina
 
Open carry of pistols and rifles in NC is legal for anyone that can legally own a gun. That being said, use common sense...most people that publicly show off guns for whatever reasons usually come off looking like giant assholes. That being said, technically it is illegal for anyone in this state to "conceal" in any way a long gun without it being in a locked case/out of reach.
 
Theirs no such thing as a concealed long gun in the state of North Carolina ...only applys to hand guns (pistols) .I have asked that question many times to local law and troopers they say if its a long gun it can be anywhere inside the truck ..however if its a pistol you must have a permit to conceal that weapon ..if no permit you must open carry ! I sometimes carry a sawed off 12 in my truck down between the seats ..its also considered a long gun ..legal as the day is long without a concealed permit !
 
when i was going to school we all had gun racks in our trucks.drive to school with them and it wasn't even thought about to be an issue.never had one stolen.these days are different.you might as well leave your windows open so you don't have to replace your glass when your guns are stolen because they will be.sad but true.
 
cody w said:
Theirs no such thing as a concealed long gun in the state of North Carolina ...only applys to hand guns (pistols) .I have asked that question many times to local law and troopers they say if its a long gun it can be anywhere inside the truck ..however if its a pistol you must have a permit to conceal that weapon ..if no permit you must open carry ! I sometimes carry a sawed off 12 in my truck down between the seats ..its also considered a long gun ..legal as the day is long without a concealed permit !
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Sorry but this is entirely incorrect.

If you want to read the actual law--

D. Transporting Weapons

Given this general prohibition of carrying concealed weapons, individuals must be ever
vigilant to ensure their particular situation cannot be construed as concealing a weapon, either on
or about them, without being properly authorized to do so with a valid North Carolina, or
recognized out-of-state concealed handgun permit. Therefore, the permittee’s accessibility to the
weapon is of prime importance. It is unlawful to transport a weapon (absent a proper permit) that
is BOTH concealed and readily accessible to a person. It is for these reasons, that when
transporting a weapon in a vehicle, even greater care must be exercised to ensure that the weapon
is not concealed and within the ready access to an occupant of the vehicle. North Carolina law
does not specifically address how to transport a weapon in an automobile. Therefore, the central
question becomes: when is the weapon concealed and readily accessible to an occupant of an
automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in
violation of North Carolina law, if it were placed in such areas of a vehicle as under the seat of
the automobile; in a bag in the back seat; or in some other manner is covered or hidden within
the easy reach of an occupant of the vehicle. It is our recommendation that firearms should not
be carried in a glove compartment regardless of whether the compartment is locked or not.

While a weapon carried openly in an automobile would not be concealed, there are other
problems specific to this method of carrying a weapon. The principal drawback, of course, is in
the event of an individual being stopped by a law enforcement official, the officer may not
readily know that individual’s purpose and intent for carrying a weapon. As such, it is imperative
that an individual immediately notify an officer of the presence of any weapon in the automobile,
for the officer’s and the vehicle’s occupants’ safety. Another obvious drawback is that a valuable
weapon may be in plain view for potential thieves to see. The prohibition to carrying concealed
weapons applies not only to handguns and other weapons commonly thought of as being easily
hidden, but also to “long guns” as well. Therefore, shotguns and rifles concealed behind the seat
of pickup trucks, and elsewhere in other vehicles, could similarly violate North Carolina law.

As to those vehicles with no easily discernible trunk area (e.g., SUVs, vans, etc.), it
becomes a factual determination of when the weapon is within ready and easy access to an
occupant of the vehicle. If the weapon is concealed near, in close proximity to, or within the
convenient control and access of an occupant, which would allow him/her to use the weapon
quickly, then a fair probability exists that the occupant is in violation of the law. Therefore, care
must be exercised by any occupant of any vehicle to ensure that weapons are securely locked
away in as remote an area as possible, in relation to the passenger compartment of the vehicle. It

is important to emphasize that these prohibitions apply to passengers, as well as drivers of any
vehicle.



This not only includes any gun but also any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind.

I have personally dealt with this shit over a rifle and a belt buckle separate times years ago and can tell you that it's not worth the hassle. Don't be dumb, know your rights, know the laws and be friendly.
 
So law states that carrying a "long gun" behind the seat of a pickup, could similarly violate North Carolina law . It does not say its 100% against the law.. because its not and never has been !
So that being said I'm not entirely incorrect at all ,it all depends on the law enforcement officer that your dealing with . I'll continue to carry my firearms in my trucks just as I have for years with no worries. If you want to worry go ahead ..I damn sure ain't !!!
 
I always thought that in N.C. as long as the long gun was not loaded, it could legally be out of sight; trunk, behind/under a seat like a regular cab truck or under the backseat in an extracab/crewcab. If you drive in Cary N.C. with guns in the back glass gunholder be prepared to be pulled over by the Police.
 
I put a gun rack behind the seat in my pickup for my AK or pump shot gun. My police, sheriffs deputy, & trooper friends all say thats legal & no problem. You just want to inform the officer it's there if you get stopped.
 
Alot of the "legality" depends on how you are acting, how you treat the officer, and the general situation. It is the officer's discretion to enforce or not enforce a certain law.
 
sgtbriangreen said:
Alot of the "legality" depends on how you are acting, how you treat the officer, and the general situation. It is the officer's discretion to enforce or not enforce a certain law.
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Bullshit.

And this is the attitude that needs to be eliminated from our society.

The law is the law, it is not arbitrary, it is not caprecious, it is not dependent on your attitude, your skin color, or your ethnicity. If you follow the law it is perfectly allowable to be a smug asshole about it. And if you break the law it is not ok if you are polite about it.

I know you put "legality" in quotations but legality is not subjective...it is black and white
 
tknopp said:
Yes the law is the law. But under the law I am also allowed to take various actions concerning the enforcement action on the law being broken. I can give you a verbal warning, a written warning, issue a citation, or make an arrest.
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So what is the law in regards to legally carrying long guns in vehicles?, I assume I don't have to automatically say " I have an unloaded shotgun behind the seat " when pulled over unless I'm asked if I'm carrying weapons? please advise
 
braxton357 said:
Sorry but this is entirely incorrect.
If you want to read the actual law--
<snip>... </snip>
This not only includes any gun but also any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind.
I have personally dealt with this shit over a rifle and a belt buckle separate times years ago and can tell you that it's not worth the hassle. Don't be dumb, know your rights, know the laws and be friendly.
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I'm sorry, but you have not quoted the law, in spite of being correct. That is a quote from a document authored by Attorney General Roy Cooper originally published in 2007 (?), updated in 2014, and located at: http://www.ncdoj.com/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/2007-NC-Firearms-gun-Laws.aspx

The law is NC General Statute, Chapter 14, and various Articles notably G.S 14-269 (which Roy's document is a summary of along with many others) which can be found at: http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0014 and http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.html

Your point is a reference to G.S. 14-169 (a)

14-269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.

The OP asked about a gun rack. A weapon in a gun rack is not concealed. A long gun in a case, perhaps even a soft case, could be considered "not on or about one's person" in that it might not be easily accessible, but that's an interpretation that I'm not qualified to make and would likely need to be tested in court. Behind the rear seat? Where are we hiding our long guns that is concealed and yet easily accessible? Something to think about and avoid.

And, yes. Be smart. Law or no law. Lost a couple nice guns out of the run rack in my '66 Ford truck back in the 70's while parked in the driveway overnight. Not leaving them in the vehicle you say? So you'll be carrying around a long gun to/from your vehicle? Think about the circumstances and situations you might find yourself in - unplanned stopping for gas, lunch, shopping, etc. Could get interesting! Hey, your situation is yours to think thru.

Oh, I am not a lawyer, even though I play one in the shower... o_O
 
mommucked said:
So what is the law in regards to legally carrying long guns in vehicles?, I assume I don't have to automatically say " I have an unloaded shotgun behind the seat " when pulled over unless I'm asked if I'm carrying weapons? please advise
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As mentioned NCGS 14-269 adresses ccw. You have to factor in everything to see if it raises to the level of ccw. Is the weapon concealed and on/near/ or in the lunge area of the vehicle. If it is then its ccw. If a long gun is stuck behind the seat and not readily accessable (by that I mean you cant pull it out while sitting in the truck) then it would not meet the elements.
 
tknopp said:
As mentioned NCGS 14-269 adresses ccw. You have to factor in everything to see if it raises to the level of ccw. Is the weapon concealed and on/near/ or in the lunge area of the vehicle. If it is then its ccw. If a long gun is stuck behind the seat and not readily accessable (by that I mean you cant pull it out while sitting in the truck) then it would not meet the elements.
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Thank you, that's what I thought was the law about long guns in N.C.. I usually just lay them on the floor/front passenger seat in plain sight, or cased and concealed (covered by clothing) on the floor behind the seat driving to and from hunting spots, but I never drive with a loaded long gun anywhere in the vehicle, Game Wardens don't like that at all!!
 
You still have to be careful about guns in a case - if not locked, and on or about your person, they're accessible. Unless you have a CCW permit. Again, never forget the shower thing... ;-)
 
/dev/yj said:
Your point is a reference to G.S. 14-169 (a)

14-269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.

The OP asked about a gun rack. A weapon in a gun rack is not concealed. A long gun in a case, perhaps even a soft case, could be considered "not on or about one's person" in that it might not be easily accessible, but that's an interpretation that I'm not qualified to make and would likely need to be tested in court. Behind the rear seat? Where are we hiding our long guns that is concealed and yet easily accessible? Something to think about and avoid.
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...And you'll notice that I wasn't replying to the OP, instead to the guy saying "there is no such thing as a concealed long gun". It is very much up to the discretion of the person pulling you over.


And while I fully agree with what you're saying @Ron , at the same time...in my mind an LEO's "discretion" is what allows there to potentially be an Andy Taylor/Mayberry and not just a bunch of assholes. (And around here there are plenty of both)
 
braxton357 said:
And while I fully agree with what you're saying @Ron , at the same time...in my mind an LEO's "discretion" is what allows there to potentially be an Andy Taylor/Mayberry and not just a bunch of assholes. (And around here there are plenty of both)
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Understood and I dont go around being a prick with an open carry weapon to record an officer on tape. I dont poke the bear because frankly when I am interacting with police they are getting paid to interact with me and it cost me money to interact with them (I'm not talking in terms of fines Im talking in terms time is money and if I am wasting time talking to a LEO Im not making money)

That said my point remains the law is the law.
 
tknopp said:
Yes the law is the law. But under the law I am also allowed to take various actions concerning the enforcement action on the law being broken. I can give you a verbal warning, a written warning, issue a citation, or make an arrest.
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Understood...however if I am not breaking the law you can not take any actions (legally) regarding enforcement.

Furthermore as a LEO you also must follow laws regarding how you locate and then determine a firearm as a concealed weapon. Failure to do so negates your entire case, ticket and charge once we get in front of a judge. My point is an arresting officer ONLY makes a charge of a crime a judge determines if a crime was committed. I make it a point to not break (serious) laws (sure I speed, other traffic infractions but Im careful and deliberate anytime a firearm is involved) so long as I am in the right I do not worry about my attitude. If I am stopped and an officer has a bad attitude he will get a bad attitude back...sorry if he is having a bad day maybe I am too. We are both human. If he is respectful and considerate of me he will get the same in return. A man can earn my respect an inanimate object (be it gun, badge, ring, or fancy hat) will never demand it.
 
Ron said:
Bullshit.

And this is the attitude that needs to be eliminated from our society.

The law is the law, it is not arbitrary, it is not caprecious, it is not dependent on your attitude, your skin color, or your ethnicity. If you follow the law it is perfectly allowable to be a smug asshole about it. And if you break the law it is not ok if you are polite about it.

I know you put "legality" in quotations but legality is not subjective...it is black and white
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Eric Holder disagrees with you.
 
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