NC Gun Laws (Durham: attorney, sick, house)

[autumngal]

Originally Posted by saturnfan

My credit union says "No Concealed Weapons".

So, whip your piece out and rob the place. Don't hide it in your pants.

Just kidding.

You mean hide it in your can......

That brings up a question from muse' post:

The many establishments that say no concealed weapons, what do you do with your weapon then? Return it to a car if you have one? I am serious, what do you do with them?

[ducter]

I have heard many times that the law to carry and use are so different that one needs to look at both. There is a law that even if someone breaks into your house and you shoot them, you need to prove that your life was in danger if you shoot them or you can be convicted. Silly and stupid but true.

[steve54]

Originally Posted by ducter

I have heard many times that the law to carry and use are so different that one needs to look at both. There is a law that even if someone breaks into your house and you shoot them, you need to prove that your life was in danger if you shoot them or you can be convicted. Silly and stupid but true.

AS I understand it you can shoot someone who is in the process of forcibly entering your home ( I think it's called the Castle ruling /defense). Having entered you have less authority unless they are threatening you or your family.
So, for e.g. , you hear billy the burglar downstairs and you find him about to exit you can't (officially) shoot him. If he picks a knife up and runs towards you - now thats ok in my book.

[Waterboy526]

Originally Posted by steve54

AS I understand it you can shoot someone who is in the process of forcibly entering your home ( I think it's called the Castle ruling /defense). Having entered you have less authority unless they are threatening you or your family.
So, for e.g. , you hear billy the burglar downstairs and you find him about to exit you can't (officially) shoot him. If he picks a knife up and runs towards you - now thats ok in my book.

It would be pretty easy in a court of law to justify that you "felt you were in danger" if someone breaks into your house. I would dare say any court (at least in this area) would argue that you should not have felt in danger by someone breaking into your house. All you have to say is that you felt you/family felt in danger and that is why you used deadly force. They couldn't prove otherwise.

[sleonar1]

Is there a public rifle range in Raleigh (N. Raleigh preferrably)? I'm looking for some place to skeet shoot. Thanks

[Todd M.]

Originally Posted by autumngal

You mean hide it in your can......

That brings up a question from muse' post:

The many establishments that say no concealed weapons, what do you do with your weapon then? Return it to a car if you have one? I am serious, what do you do with them?

Return to your car and lock it up, uncover it (NC is an open carry state), or find another place to do business.

[autumngal]

Originally Posted by Todd M.

Return to your car and lock it up, uncover it (NC is an open carry state), or find another place to do business.

Thank you Mr. Todd, Sorry if it seemed dumb..but I honestly did not know,

[Todd M.]

Originally Posted by autumngal

Thank you Mr. Todd, Sorry if it seemed dumb..but I honestly did not know,

No problem. No question is dumb when you legitimately do not know the answer.

[saturnfan]

One fellow in Durham was home with a sick baby. Wife had car so home looked unoccupied.

Three no good piece of crap kids cut school and burglarized his garage to get into the house.

He shot them in the back as they tried to run like the rats they were. Their worthless parents wanted the homeowner crucified although the kids had serious juvie records.

Thank heaven this was in NC. Grand jury refused to indict.

Moral is - don't shoot 'em in the back.

[jawz]

You can find everything you need to know about NC Firearm Laws here,
www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf


In the downloadable pdf file there is a section that discusses Transporting Weapons in NC (read below).

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 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 (i.e., vans, etc.), the question arises on 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.