Traffic Stop Part 3: Gun Owners Guide to Carrying in NC (and places you can and can't carry legally)

Traffic Stops Part 3: What if I am legally carrying a firearm?

Different states have different rules about this. In North Carolina, you MUST immediately notify the officer that you have a firearm if it is concealed.  This goes for passengers too. They will be able to see if you have a concealed carry permit when they run your name through the computer system. So don’t lie to them. The best way to tell the officer is not to blurt out “I have a gun”. The best way is to keep your hands on the wheel and calmly say “officer, I have a concealed carry permit and my firearm is on my right hip in a holster.” Or wherever the firearm is located. But above all, do NOT reach for the firearm. Wait for the officer to give you instructions on what to do. Follow those instructions. The officer may let you keep the firearm. The officer may take the firearm until the traffic stop is over. Either way, just do as they tell you.

What does concealed actually mean?

This is the tough part. Concealed means what we all think it means. Not in plain view. But in reality, officers tend to take it as “If I can’t see it, it is concealed.” So, if you have it open but it is on your right hip and the officer approached on the left, is that concealed? It might not stand up later in court, but the officer can still try to arrest you for it if you don’t tell them you have it. The best way to avoid this situation is to immediately notify the officer that you have the firearm and where it is as soon as they get to your window. If you are open carrying (that is legal) then you can state that when you tell the officer. For example, “Officer I just want to let you know I am open-carrying a firearm. It is on my right hip in a holster.” Remember to keep your hands on the wheel and in view so the officer knows you are cooperating.

What if need to go to a school property for some reason?

Educational property has a special set of rules.

What is educational property? NCGS 14-269.2 defines it as “Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.” Notice it says “weapons” and is not limited to just a firearm. It also says “property” and is not limited to the inside of a building.

You must have your vehicle locked if you have a firearm on your person unless you are loading or unloading passengers. If you leave the weapon in the vehicle, you must keep that locked either in the glove box or another locked container. If your glove box doesn’t lock, consider a small handgun safe with a cable that goes around the seat. They are relatively inexpensive and widely available.

There is also an important exception in the law to someone who removes the firearm only in response to a threatening situation.

What if I go somewhere other than a school where guns aren’t allowed?

For places other than a school, like a business that doesn’t allow firearms, just keep the weapon in the vehicle or choose to go to another business instead. In North Carolina “No Guns Allowed” signs that are conspicuously posted have the force of law. Businesses can choose to not allow you inside with a firearm, and you can choose not to do business with them if you don’t agree with that policy.

Keep in mind that government buildings like police or sheriff’s offices or courthouses are generally off limits to bring a gun inside. Keep it locked up in your car.

What if I am traveling to another state with my firearm?

The best advice is to always check the laws in the state(s) you are traveling to and through. Some states may honor your concealed carry permit. This is referred to as reciprocity. Other states will not. If you are unsure about the laws in that state, a great resource is the website www.handgunlaw.us . One of the best rules of thumb is to avoid carrying a firearm in states like NJ and NY at all costs. Both have had numerous legal challenges for years because of the very restrictive nature of their gun laws.

If you are traveling to a state where it is legal to carry but need to pass through a state where it isn’t, how does that work?

Under federal law, 18 USC § 926A you can carry a firearm through a state where you would not be able to legally possess it. However, the firearm must be unloaded, in the trunk, and separate from the ammunition in a locked container. You also need to be able to possess it in the state where you started and where your destination is. Finally, make sure you do everything possible not to stop in states where you could not otherwise possess it. Even for gas or food. As stated earlier, be sure to check the laws in the state where you are going to make sure you comply with their laws. Just because you can carry in a particular place in North Carolina, does not mean you can in your destination state. There may also be magazine capacity restrictions or ammunition type restrictions in place.

Where can I not carry in NC even with a permit?

Educational property – Under NCGS 14-269.2 weapons are not allowed here. Doing so can be a felony.

NCGS 14-269.4 -State capital building, executive mansion, western residence of the governor, or any building housing the General Court of Justice – AKA a courthouse.

NCGS 14-415.11(c) State office buildings or any portion of a building where there are state offices. Law enforcement and correctional facilities. Any private property where carrying is prohibited by a conspicuous notice or statement by the person in legal possession or control of the premises.

NCGS 14-277.2 – Events occurring in public. This includes demonstrations picket lines, or any public place owned or under the control of the State.

About the author:

Ed Nappi is a licensed attorney and former prosecutor in North Carolina. Ed is also a former Master-At-Arms with the U.S. Navy and has been through various types of law enforcement training. Ed is a gun owner and second amendment advocate. He practices in the areas of criminal law, traffic law, contract law, consumer protection/civil litigation, and dispute resolution.