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Dropping kids off at school, is it legal to have a firearm in your car?

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2.4K views 3 replies 4 participants last post by  Joseph  
#1 ·
If you have a concealed carry permit is it legal to have your firearm in the car while in the carpool line? I have read that it is not legal, a class 1 felony. But I also found that it is legal only when dropping off and picking up in the carpool lines.
 
#2 · (Edited)
From US Lawshield:
CAN I CARRY MY FIREARM DURING PICK UP AND DROP OFF?
It’s that time of year again when students are returning back to school. If you’re a parent who drives your child to school, can you legally possess your gun while doing so? If you have a concealed carry permit, you are allowed to have a gun on educational property, but only for the purposes of dropping a student off or picking them up at the end of the day. While on educational property, the permit holder must keep their car doors locked at all times, unlocking them only to let the child exit the car or re-enter the car at the end of the day. Other than that, there are very few and very limited circumstances where a person can possess a gun on educational property.

In or out of carpool lines doesn’t matter. What matters is that you remain in the locked car and it’s only unlocke & open long enough to pick up the passenger.
 
#3 ·
From US Lawshield:
CAN I CARRY MY FIREARM DURING PICK UP AND DROP OFF?
It’s that time of year again when students are returning back to school. If you’re a parent who drives your child to school, can you legally possess your gun while doing so? If you have a concealed carry permit, you are allowed to have a gun on educational property, but only for the purposes of dropping a student off or picking them up at the end of the day. While on educational property, the permit holder must keep their car doors locked at all times, unlocking them only to let the child exit the car or re-enter the car at the end of the day. Other than that, there are very few and very limited circumstances where a person can possess a gun on educational property.
That was my understanding as well. If you want to stay legal be careful not to get out of the car.
 
#4 ·
OP you can find the NC firearms laws at this link.
https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter14

Now to answered your question lets look at 14-269.2
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.2.html

You will find the answered in section k below highlighted in red.



(1a) The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and
(2) Repealed by Session Laws 1999-211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.
(3) The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.
(4) Repealed by Session Laws 1999-211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.
(g) This section shall not apply to any of the following:
(1) A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.
(1a) A person exempted by the provisions of G.S. 14-269(b).
(2) Firefighters, emergency service personnel, North Carolina Forest Service personnel, detention officers employed by and authorized by the sheriff to carry firearms, and any private police employed by a school, when acting in the discharge of their official duties.
(3) Home schools as defined in G.S. 115C-563(a).
(4) Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.
(5) A person registered under Chapter 74C of the General Statutes as an armed armored car service guard or an armed courier service guard when acting in the discharge of the guard's duties and with the permission of the college or university.
(6) A person registered under Chapter 74C of the General Statutes as an armed security guard while on the premises of a hospital or health care facility located on educational property when acting in the discharge of the guard's duties with the permission of the college or university.
(7) A volunteer school safety resource officer providing security at a school pursuant to an agreement as provided in G.S. 115C-47(61) and either G.S. 162-26 or G.S. 160A-288.4, provided that the volunteer school safety resource officer is acting in the discharge of the person's official duties and is on the educational property of the school that the officer was assigned to by the head of the appropriate local law enforcement agency.
(h) No person shall be guilty of a criminal violation of this section with regard to the possession or carrying of a weapon so long as both of the following apply:
(1) The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.
(2) The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities.
(i) The provisions of this section shall not apply to an employee of an institution of higher education as defined in G.S. 116-143.1 or a nonpublic post-secondary educational institution who resides on the campus of the institution at which the person is employed when all of the following criteria are met:
(1) The employee's residence is a detached, single-family dwelling in which only the employee and the employee's immediate family reside.
(2) The institution is either:
a. An institution of higher education as defined by G.S. 116-143.1.
b. A nonpublic post-secondary educational institution that has not specifically prohibited the possession of a handgun pursuant to this subsection.
(3) The weapon is a handgun.
(4) The handgun is possessed in one of the following manners as appropriate:
a. If the employee has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, the handgun may be on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the institution at which the person is employed and resides. Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle. The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.
b. If the employee is not authorized to carry a concealed handgun pursuant to Article 54B of this Chapter, the handgun may be on the premises of the employee's residence, and may only be in the employee's vehicle when the vehicle is occupied by the employee and the employee is immediately leaving the campus or is driving directly to their residence from off campus. The employee may possess the handgun on the employee's person outside the premises of the employee's residence when making a direct transfer of the handgun from the residence to the employee's vehicle when the employee is immediately leaving the campus or from the employee's vehicle to the residence when the employee is arriving at the residence from off campus.
(j) The provisions of this section shall not apply to an employee of a public or nonpublic school who resides on the campus of the school at which the person is employed when all of the following criteria are met:
(1) The employee's residence is a detached, single-family dwelling in which only the employee and the employee's immediate family reside.
(2) The school is either:
a. A public school which provides residential housing for enrolled students.
b. A nonpublic school which provides residential housing for enrolled students and has not specifically prohibited the possession of a handgun pursuant to this subsection.
(3) The weapon is a handgun.
(4) The handgun is possessed in one of the following manners as appropriate:
a. If the employee has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, the handgun may be on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the school at which the person is employed and resides. Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle. The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.
b. If the employee is not authorized to carry a concealed handgun pursuant to Article 54B of this Chapter, the handgun may be on the premises of the employee's residence, and may only be in the employee's vehicle when the vehicle is occupied by the employee and the employee is immediately leaving the campus or is driving directly to their residence from off campus. The employee may possess the handgun on the employee's person outside the premises of the employee's residence when making a direct transfer of the handgun from the residence to the employee's vehicle when the employee is immediately leaving the campus or from the employee's vehicle to the residence when the employee is arriving at the residence from off campus.
(k) The provisions of this section shall not apply to a person who has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, if any of the following conditions are met:
(1) The person has a handgun in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle and only unlocks the vehicle to enter or exit the vehicle while the firearm remains in the closed compartment at all times and immediately locks the vehicle following the entrance or exit.
(2) The person has a handgun concealed on the person and the person remains in the locked vehicle and only unlocks the vehicle to allow the entrance or exit of another person.
(3) The person is within a locked vehicle and removes the handgun from concealment only for the amount of time reasonably necessary to do either of the following:
a. Move the handgun from concealment on the person to a closed compartment or container within the vehicle.
b. Move the handgun from within a closed compartment or container within the vehicle to concealment on the person.

(l) It is an affirmative defense to a prosecution under subsection (b) or (f) of this section that the person was authorized to have a concealed handgun in a locked vehicle pursuant to subsection (k) of this section and removed the handgun from the vehicle only in response to a threatening situation in which deadly force was justified pursuant to G.S. 14-51.3.