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Current State of How To Transport Firearms in Vehicle in NC?

20K views 55 replies 16 participants last post by  harbinger  
#1 · (Edited)
Dear NC Gun Owners,

NC resident here, currently abroad. Will be home in eastern NC over Christmas and New Years. During that time, a couple of friends and I are planning a "dude retreat" to the mountains. The guys will be flying into Charlotte, both may be bringing a rifle each, one of them internationally with a hunting license. I will want to bring a handgun.

None of us are at all interested in "carrying" or anything like that or having our guns flying around the vehicle in readily visible locations. And certainly not when parking at an international airport. We want to "transport" our guns in compliance with the law, so that we may do some recreational shooting at a range when in the mountains. We want to have our guns in locked cases.

The problem is that, trying to read into NC law, it seems super vague and may, or may not, define a locked gun case within arms reach as conceal carrying, for which we do not have a license. Another problem is that, while having the guns in the trunk of a car seems to be regarded as good-to-go, we will be three dudes in a small size SUV, with long gun cases, so no trunk. No way to get our locked gun cases at a definite out of arms reach distance for every passenger.

So, how do we transport the guns? All info I was able to find was at least 10 years old. Is there a definite way to solve this now? Do pad-locked gun cases put you in the "safe zone" from officer discretion?

I am kinda close to telling my guests that we will not be doing the shooting part, and to leave their guns at home, because NC firearm transport laws are too messy to feel comfortable. Which would be a bummer. I would also feel weird to be asked questions about tyrannical gun laws in NC from a California and European gun owner respectively, where they have strict gun laws, but at least they are clear and don't leave this very confusing room for interpretation.

Please help. Any advice much appreciated! Links to official resources and text most appreciated. Thanks in advance,

Snek
 
#2 · (Edited)
Ok so I did find a resource: https://www.ncrpa.org/faq/ownership.shtml


"Q: What are the rules regarding transportation of firearms in a motor vehicle?

A: Basic transportation requirements are:

Rifles & Shotguns: transport unloaded. Locked in trunk, or locked in gun rack, or locked in a carrying case if you don't have a trunk. The best place for them is locked in the trunk or in a locked carrying case.

Handguns: if you have a concealed handgun license, you can transport concealed. Otherwise, it is permissible to transport loaded in plain view (such as on the seat with nothing covering it), as long as you aren't in an area where possession or display is banned (and there are a LOT of those). If you don't want to deal with hassles or be caught inadvertently transporting in a prohibited area, unloaded and locked in the trunk is the safest."


So, for us (rifles and handguns, SUV style vehicle without a trunk) this means:

Rifles: Locked in carrying cases, may be withing arms reach of occupant.

Handguns: Locked in a case. Placed outside arms reach. Will likely try to fit in tool compartment under floor of cargo area in SUV.

So, my questions to the forum are: Should this be good to go? Or am I missing something? Any advice or input is much appreciated?

I - really - want to be in full compliance here...
 
#4 ·
Legally speaking, most LEO's will not hassle you in NC period if you pass the attitude test. Be polite and friendly without patronizing. If you are in the Charlotte or Raleigh area, strict compliance on transporting firearms w/o Concealed Handgun Permits requires that the handgun or long gun be unloaded and ammo stored separately and transported in a locked hard container and in the rear luggage area of your SUV. Hard container means inaccessible with a knife of box cutter, so buy a metal gun case with a lock to be sure. Hard plastic or kydex is okay as well (but with a combo or padlock) Long guns too. Declare your weapons if stopped and asked. LEO's will usually ask if you are stopped and have out-of-state plates. Open carry is legal in most public places unless posted with a "no guns or weapons" sign in words or symbols, schools, colleges, state buildings, parades, etc.
 
#5 ·
Some gun ranges will rent you a firearm. I know that doesn't answer your question! Sounds like everyone will be in rental cars? That muddies the water even more. Until I read @Kassar above I thought that you could carry open in a car? Now I'm not sure what to do myself?
 
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#6 ·
I think the three of us are leaning towards leaving our guns at home, but then going to a full auto rental range. Just too much headache otherwise. Bunch of different counties, driving through city areas and then also the airport. Too many variables to feel comfortable.
 
#8 ·
Having had a concealed carry permit for so long, I guess I really didn't realize what a murky mess the laws in NC are for transporting a gun. Of all the things you mentioned, navigating the airport would have been what killed the idea for me. I would have never thought that once outside of the airport that transporting the gun would have been such an exercise. Common sense would say that you should be able to transport it however you want as long as there is no ammunition readily available. Without ammo, it is just a club, but common sense does not apply when it comes to gun laws.
 
#11 ·
If you're using it, keep it on the front seat or plainly visible. I used to hunt in a county where you could shoot from a road; I just kept it loaded on the front seat. (I used buckshot in a 12 gauge.)
If you're transporting it to the hunt site and back, it should be in a locked case if it's in the passenger compartment. If it's in the bed, I don't know. Practically, I'd only go with it in the passenger compartment or locked in a tool compartment in the bed.
I can say I transported in the truck, unloaded in a zipped case for years, not knowing any better.
 
#12 ·
When I "transport" long guns in my wife's SUV, the gun(s) go behind the rear row of seats. Unloaded and in some kind of case or box. Otherwise, loaded or unloaded, they lay in a back seat, or in the front passenger seat. No cover of any kind on a long gun (except when transporting) because we aren't allowed to conceal them.
 
#13 ·
We just throw them in the backseat among all of our waders and gear. Never had a single issue nor had a reason to be stopped. When we shoot handguns they are usually in their boxes in the backseat. It’s great to live in the rural areas away from the cities.
 
#16 ·
Unfortunately the above link was written by our Gov. Pooper who was the former State Attorney General. His opinion was an LEO could possibly arrest you for open carry under the GATTTOTP statute (Going Armed To The Terror Of The People). So some of his opinions are suspect.
There is always the possibility however of an over zealous, new, LEO who may try to cite you for some reason or another.
 
#18 ·
As noted above...Half the battle is how many steps to get to a hot firearm. In a box unloaded and behind the seat is a lot of steps to get to a hot firearm. Unless you are driving drunk or you're just being a total butt hole, hard to imagine trouble.
 
#20 ·
If the trunk is accessible by folding down the seats, it could be problematic.
NC's carry laws need to be updated to reflect something called "unloaded".
It's as though whoever wrote them didn't know an unloaded firearm can't shoot.
As far as I understand, most states have some number of steps before it's "loaded". If the gun and ammo are separated by more than that number of steps, it's all good.
In NC, no ammo at all is still carrying.
 
#25 · (Edited)
Many departments judge this question by accessibility which can be subjective by dept. The dept. I was in defined "accessible" as within arms reach.
Unloaded with ammo stored elsewhere would be deemed not accessible however this is just one department out of how many?
Used to be in the 70's, LEOs', especially the NC Highway Patrol liked long guns to be stored in a back window truck rack. A friend of mine was stopped back then ny a state trooper who noticed he had a cased shotgun leaning against the passenger seat. He suggested to my friend he invest in a set of truck racks. The trooper stated he liked to see everything that was there when he walked up.
 
#26 ·
Exactly. It's subject to "discretion" which can be, all to easily, synonymous with "abuse".
It reminds me of a New York City law about public drinking that Tim Pool brings up a lot, at least I think it's him. In any case, the guy who wrote it, back in the 20th century, is on record as saying it wasn't meant for folks sitting on their front steps having a drink with their neighbors, family, friends, etc. Yet in is now used very, very often to arrest folks sitting on their front steps having a drink with their neighbors, family, friends, etc.
If the words aren't there that state something explicitly, like this isn't for X, it will get used for X, even though there's supposed to be something in law, where if a law is poorly worded, the presumption of what it means goes in favor of the people, not the government.
 
#28 ·
I had one of those seat covers with the scabbard on the front of the bench seat for years.
When I theoretically used it, it was perfect for a leaver action or shotgun, a bolt action or MSR would snag every time.

Can't find them anymore without looking real hard, maybe amazon or e-bay. Not sure, I don't hunt much anymore.
 
#29 ·
It is 100% up to the officer if you get jammed up or not.
Have heard of people getting hosed when a rifle is in a locked soft case behind the seat in a truck cab because of how east it was for the cop to rip it open. Another because they threw their jacket over a rifle in the back seat and it partially covered a rifle.
 
#38 ·
In NC, your car is an extension of your home under the "castle doctrine" as far as the right to use deadly force if you are in reasonable fear of grave bodily harm or death by another. If that deadly force is a gun, it must be in plain view, however...unless you have a CHP.
 
#39 ·
When I bought both of my hand guns they came in box that had the company logo and the serial number on the outside of the box. Picked up a couple of boxes of ammo and piled it all in the back of my car, still in the box.(back of car (lift back hatch)). I could have jumped over the front seat and reached over the rear seat, opened the box and loaded ammo into the gun. I didn't get stopped and would not have known if I complied with any laws if I had been stopped. Laws are too complicated to be followed by anyone who does not have a law degree. I'm getting too old to obtain a law degree just to stay out of jail, but the good news is that no judge would send me to jail at my age because the medical up keep for the government would be too much.
 
#42 ·
I did some more reading on this today throughout the internet. The one thing that really doesn't make any sense to me is the legality of having your rifles and handguns in a locked case. Apparently, it is not a clear cut case to have the guns locked up in a case but this case being within arms reach of driver or passenger. While it "should" "probably" "maybe" be fine, an LEO can still - determine - this as "readily accessible" if he wants, which will immediately put someone inside criminal offense territory.

So, what happens if I have my rifle in a locked case in the trunk, but I want to carry it from the parking lot to a gunsmith/dealer/range? If I can't have the locked case within reach while in the car, how is it now alright to carry this same case in my hand on a public parking lot? This makes no sense!

Also, then this would mean that carrying a new rifle in it's cardboard box out of, for example, Academy or Walmart would constitute carrying the rifle concealed, and would make the person doing this a criminal.

Furthermore, it seems like there are also a few other states plagued by this same lack of clarity in their respective laws, as there are plenty of comparable threads discussing this on the web.

Boggles the mind!
 
#43 ·
The idea is that if you are openly caring then everyone is aware while if its concealed and readily accessible then you could get the jump on people, LEO specifically.

Carry conceded is mostly an LEO concern as far as those who are worried about it and who the law is mainly written for. Not counting the gungrabers as they dot even want you to have firearms.
 
#45 ·
Speaking from a former LEO perspective, the reason this law is so interpretive, is because the law was intended to encompass any concealed perceived weapon. Anything that could be used against an LEO, whether it be a tire iron, knife, iron bar, or fill in the blank.
Theoretically, if one had one of those really large, flat, bladed screwdrivers, such as one long enough to remove a butt stock from a long gun, and had it on the backseat of your vehicle with a shirt over it, an LEO, could conceivably charge you with having a concealed weapon. It’s my personal belief that the law was intentionally left vague by the legislators because there’s no way they could put into a general statute, every possible conceivable item that could be used as a weapon.
The problem I have is leaving it up to the opinion of the LEO. If it was a common sense situation, so to speak, a smart DA wouldn’t bring charges against the suspect because there is a reasonable explanation or purpose for the tool being there. Or more succinctly there was no intent for that item to be used as a weapon.
 
#46 · (Edited)
[...] The problem I have is leaving it up to the opinion of the LEO. If it was a common sense situation, so to speak, a smart DA wouldn’t bring charges against the suspect because there is a reasonable explanation or purpose for the tool being there. Or more succinctly there was no intent for that item to be used as a weapon.
That's where my problem is, too. I know there are a lot of LEOs out there who do good work. But the law also needs to work when there are public servants involved who lack common sense, aren't smart, may have biases or whatnot else may be going on. I don't want to get the book thrown at me because someone involved is angry at their spouse, and now takes it out on me, for example.

On a side note. I know we all like to bash Cali for their gun laws. But at least they make it pretty easy to comply. First search result lands me directly on a state government site telling me, in a few paragraphs, exactly how I need to pack up that rifle in my car to be in the green. It seems like folks in Cali are even more free when it comes to transporting rifles. Covered, unloaded and behind the seat in a truck cabin is affimatively good to go there, it seems.

Links: https://oag.ca.gov/firearms/travel; https://www.shouselaw.com/ca/defense/gun-laws/transporting-firearms/

I wish NC would make it that easy for us!
 
#47 · (Edited)
It’s not an easy problem to solve. I personally don’t want to lock up my weapon in a box and put it on the backseat. I carry a weapon for personal protection, and it’s not gonna do much protecting sitting in a box in the backseat if I should need it. Granted, I may never need it in my lifetime, but one never knows, that one time that I wish I could get my hands on it and it’s locked up on the backseat would be a very big disappointment.
Of course, if one has a concealed handgun permit, and informed the officer of same, there’s no problem having it close by. It’s the people that don’t have a concealed handgun permit that it becomes a problem for. This is why we need constitutional carry.
 
#48 ·
It’s not an easy problem to solve. I personally don’t want to lock up my weapon in a box and put it on the backseat. I carry a weapon for personal protection, and it’s not gonna do much protecting sitting in a box in the backseat if I should need it. [...]
Well, I understand where you're coming from. You want to carry. My angle is a bit different. And also includes rifles. Which you can't conceal carry in NC even with a permit, which only covers handguns.

What I want is a clear set of instructions on how to transport (as in NOT carry) any firearm in any vehicle, or even around my person as a matter of fact, even when my gun case is too long for the trunk, or the vehicle passenger cabin is just too small, or any other reason why I can't have said case outside of arms reach. I want to be in full compliance with the law and 100% outside "officer discretion" territory. As a citizen, I feel like we all deserve clear, easy to follow, non subjective rules and instructions on how to conduct our firearms hobbies in full compliance with the law.

I think it would be easy to come out with a rule stating that, if the firearm is unloaded and in a locked case, you are good to go. This would give many people some peace of mind when going to the range, their hunting trip, to the gun smith or firearms dealer. Also, it would give people some protection from the "bad apples" in public service. But somehow that hasn't happened yet.
 
#53 ·
How about unloaded and in a case. Locked case means an expensive hard shell case. [...]
This is how I'd want to transport mine. However, the case is too long to fit in the cargo area of my small SUV. I'd have to fold the seat forward, and the case will stick into the passenger area. I could easily reach and touch the case with my hand by reaching back from the driver seat. Any rear passenger would essentially have their elbow resting on the gun case.

Apparently, according to the wording of NC law, this may constitute carrying a rifle concealed depending on officer discretion. Even if the hard shell case could fit into the cargo area and a passenger would be ablo to reach and touch it from the rear bench, this would still be the same problem. I think the problem that I and some others are having is that the law is too vague, so that, depending on size and/or layout of the respective vehicle, one is liable to get smacked with criminal charges even when having an unloaded rifle in a locked hard case, just because an officer is in a bad mood.

This is an uncanny gray area of the law which, if you live in a country setting and know all the local LEOs may be fine, but not so much if you don't.