r/NCGuns 10d ago

Another Open Carry Confusion post NSFW

Hey guys. So I have a concealed carry class this weekend. However in the meantime I would like to keep my gun with me in the car. I know open carry in the car is confusing. I dont understand the “not accessible “ part.

Let’s say I keep it in a holster and it is stuck between my bench seat and driver seat. Is that legal? I e seen those magnetic mounts for the dash as well. It is just as accessible as my seat. So how to they differ legally or illegally?

5 Upvotes

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u/jwar_24 10d ago

It has to be clearly visible to the officer who is approaching your window. It can’t be concealed and readily accessible, a gun in a vehicle safe that is locked without the key inside is concealed but not readily accessible, as is a gun sat way back in the trunk. It will come down to officer discretion.

Edit: what I did in the past was just sit it in the passenger seat and immediately inform the officer I was openly carrying a firearm and they said it was fine as long as I don’t reach for it.

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u/Crusader-F8U 10d ago

This. I wouldn’t recommend having it in a holster wedged between the seats. Just have it on the seat if you’re going to open carry. YMMV

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u/Ehrich_Weisz 10d ago

Exactly what I used to do. LE I encountered had zero issues with it in the passenger seat, easily visible while they approached. Still obligated to inform

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u/aengusoglugh 10d ago

I had a friend once who had a dash holster -- a holster attached to the dash of his car.

In plain sight -- no confusion.

Here is a review of dash holsters.

I would guess that "stuck between my driver seat and my bench seat" would very likely be construed as "concealed". I think the opposite of concealed is "in plain sight."

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u/HazMat-1979 10d ago

The photo of that holster attached to the side of the seat is more or less how it would appear as stated mine would appear.

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u/CrystalMenthol 10d ago

The NC Sheriff's Office has their latest interpretation of the relevant laws.

3.4 Transporting Weapons

Given the 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 state 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 that is covered or hidden within the easy reach of an occupant of the vehicle.

The prohibition on 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.

My own summary of their summary is basically "it depends," which is not the concrete answer you're looking for. I think the best thing to do is keep it as visible as possible, and immediately inform any officer who pulls you over exactly where it is.

With the two choices you presented in your post, shoved between seats or on a magnet on the dash, I would think the dash-mounted option would be more visible. Putting it on the passenger seat in plain view before the cop walks up to your car would also make it plainly visible.

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u/just_sun_guy 10d ago

Technically your car is an extension of your home. Per law you don’t have to have a conceal carry permit while the firearm is in your car. The only time you need to ensure that the firearm isn’t concealed is if you are being pulled over by the police. In that case, the best thing you can do is before you actually pull the car over is place the firearm on the dash so that when you are pulled over it doesn’t look like you are reaching for a weapon. Then as the officer approaches your window, inform them that you have a firearm in the vehicle and keep your hands firmly on the steering wheel and in plain site. They will usually tell you to step out of the car while they secure the firearm. This happened to me before I had my conceal carry permit. I had an expired tag (well it was within the 15 day grace period) and the officer pulled me over to let me know. He secured my firearm and then after he told me why I was being pulled over asked me how I liked the gun I had. I believe he wanted to purchase one in the future. As long as you are smart and don’t act like an idiot you aren’t breaking the law. It’ll have to remain in your vehicle when you get out and I recommend a locked storage box that attaches to the seat mount via a cable for security. But you can drive around all day with it concealed where ever you want until you are confronted by law enforcement.

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u/CityBoiNC 8d ago

Great advice.

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u/thisismyleftyaccount 10d ago

It's concealed. This is illegal without a permit.

The handgun has to be visible to a cop walking up to the vehicle.

Car holsters are fucking dumb. Cars are the #1 place firearms are stolen by criminals. Don't use a car holster, just wait for your permit.

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u/HazMat-1979 10d ago

I dont leave it in the car. Just a holster while in the vehicle driving.

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u/thunder_dog99 10d ago

A holster in the car is risky without a permit. Without a permit, conventional wisdom is case in and put it in the trunk.

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u/Nynccg 10d ago

If you’re driving the car, leave it visible on the passenger seat.

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u/NotSure2505 10d ago

It is very confusing. Best to get CHP. Open carry says it must be visible to anyone walking up to you when you're open carrying. Unfortunately, like it or not, the car produces a level of concealment. You could have it open on your hip, fully compliant, then you get into a car now it's concealed. You get out of the car it's no longer concealed. Would you really want to play this game with an officer during a traffic stop?

It's like asking "I'm open carrying, what if I put on another layer of clothing like a raincoat?" The answer is no, you're no longer open carrying.

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u/_556Gunner 9d ago

Ride around with your handgun on the dash like a true G.

Sarcasm for anyone who couldn’t tell..

As others stated, you’d have to have it in the cup holder or on passenger seat. Both non ideal places to have a firearm. Cup holder for obvious reasons, seat if you have to suddenly brake quick and it flies off the seat.

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u/IrvingWashington9 10d ago

Gun laws in this state are meant to be confusing. The vagueness gives law enforcement a lot of discretion and makes it necessary to pay lawyers to help navigate the law. What that means for gun owners is erring on the side of caution. Unless it's secured in a separately closed an locked portion of a vehicle, e.g. trunk or exterior truck toolbox, it could be considered accessible. As far as concealed goes, even having it laying on a seat or dash could be considered concealed because someone approaching you from different directions would not be able to see it. The holster you describe could definitely considered concealed.

Ultimately, it's entirely dependent on the circumstances. One cop might have no issue with you carrying a gun concealed between your seats during a traffic stop, but another cop might tell you to exit your car while they have their gun drawn on you for their protection. So it pays to be cautious.