[Flashpoint]

Let's say I'm transporting a rifle in my car here in NC. Correct me if I'm wrong, but I believe it has to be unloaded. So someone please tell me according to the letter of the law which of the following situations would constitute a loaded gun?

1. An empty magazine is inserted in the magwell of the gun, no rounds in mag or chamber.
2. The magwell is empty (no magazine) and chamber is empty, but there s a loaded mag in the same case as the gun.
3. The magwell/fixed magazine and chamber are empty, but the stock has an elastic band that contains live shells/rounds.
4. The magwell/fixed magazine and chamber are empty, but the stock contains a magazine loaded with live rounds.
5. A loaded magazine is inserted in the magwell, but no round is chambered.

I would think #5 would be the only one that would be considered loaded, but I'm interested if anyone has any experience or knowledge otherwise. BTW the Kel-Tec SU-16 A/B/CA and AR-7 Survival Rifle are examples of #4.

 

[jb2sea]

Depends on the officer doing the interpreting at the time.

 

[WNC Seabee]

Loaded or FULLY LOADED as the media will claim after you're pulled over?

Going here:
http://www.ncleg.net/gascripts/statutes/Statutes.asp

And searching for "Loaded" and "Unloaded" does not give a definition. That also leads me to believe that if it's not defined, it's not illegal.

 

[Guest]

I have never heard of this law.

 

[Flashpoint]

I have never heard of this law.

Post number 11 in this thread http://www.carolinashootersclub.com/threads/170732-My-SKS cautions me that carrying my rifle in my case with a loaded mag inserted is illegal. I have never seen such a law myself either, but I would not be surprised.

 

[Catfish]

If it's concealed it falls under 14-269 but that doesn't say anything about loaded or not, just legitimate purpose etc.

Curious to see an answer.

 

[SPST]

I think #5 is also the only one that would be considered loaded. Having said that, I have always just unloaded the chamber of my auto shotgun when going from spot to spot while quail hunting. Been stopped by the warden to be checked, but they never look at my shotgun unless I'm dove or duck hunting. They only check it then to see if it is restricted to 3 rounds. Never had a warden say anything about rounds in the mag. I have never had any other type of LEO even check my guns.

 

[Cape Fear]

Let's say I'm transporting a rifle in my car here in NC. Correct me if I'm wrong, but I believe it has to be unloaded.

I hope this is incorrect. The coyotes are getting so bad around here that I have gotten in the habit of carrying an AR in the truck with me all the time, and I leave a loaded mag in the well, with the bolt closed on an empty chamber. I am not aware that I'm doing anything illegal here.

 

[tsconver]

I hope this is incorrect. The coyotes are getting so bad around here that I have gotten in the habit of carrying an AR in the truck with me all the time, and I leave a loaded mag in the well, with the bolt closed on an empty chamber. I am not aware that I'm doing anything illegal here.

You must transport long guns unloaded in a container that is not readily accessible to the driver or passengers. Ammunition must be transported separately from the firearm. In a magazine is fine but it cannot be in a firearm.

Sent from a drone circling over your location.

 

[1911gobang]

You must transport long guns unloaded in a container that is not readily accessible to the driver or passengers. Ammunition must be transported separately from the firearm. In a magazine is fine but it cannot be in a firearm.

Sent from a drone circling over your location.

Right...
AR behind the seat, mag in the door pocket!!

Sent from my DROID RAZR HD using Tapatalk

 

[ikarus1]

You must transport long guns unloaded in a container that is not readily accessible to the driver or passengers. Ammunition must be transported separately from the firearm. In a magazine is fine but it cannot be in a firearm.

Sent from a drone circling over your location.

In plain view, that's BS. Only if it can be considered concealed. Too many guns rolling around in gun racks here. I know things might be different in the occupied counties. I'm sure down east the deer doggers NEVER transport firearms loaded ready to shoot as soon as they put the car in park....

 

[tsconver]

In plain view, that's BS. Only if it can be considered concealed. Too many guns rolling around in gun racks here. I know things might be different in the occupied counties. I'm sure down east the deer doggers NEVER transport firearms loaded ready to shoot as soon as they put the car in park....

Gun racks are fine but the firearm is supposed to be locked in it and unloaded.

Sent from a drone circling over your location.

 

[premise]

I thought as long as it was in the trunk you were GTG.

 

[ikarus1]

Gun racks are fine but the firearm is supposed to be locked in it and unloaded.

Sent from a drone circling over your location.

I would love to read the actual NC statute. Even the AG guide to firearms in NC says it's basically up to LEO interpretation when in an SUV cargo area etc whether it's concealed or not.
If it's not concealed, then it doesn't matter. There's no law in NC that says you can't OPEN CARRY LOCKED LOADED AND READY and that's basically what it is in a car in plain view: Open Carry.

One in the chamber, up on the dash, in plain view, in a gun rack, etc. open carry is legal

 

[Chdamn]

Does anyone have a link to an actual statute regarding transportation of long guns.

I can find all sorts of people posting all over the internet that it needs to be unloaded and locked in a rack, case or trunk but I cannot find a statute.

I can also find all sorts of sea lawyers stating that this came about to prevent hunting from vehicles (which I do know is illegal and have read that statute) but again no actual statute on transporting that states this is the reason.

It also seems pretty arbitrary (not that laws aren't arbitrary) since the law for handguns (without ccw) is simply not concealed. And you can hunt with quite a few pistols.

 

[ikarus1]

You can hunt from the road in many counties both east and west of the piedmont, for bear. Don't see too many boys in Caldwell county getting pulled over for having loaded rifles on the passenger seat of trucks for that.

There is no NC statute for carrying long guns in automobiles.
It's the AG (current prog/lib IMO) guide to NC firearms that basically says it's a grey area. But if there's no law, there's no grey area.

Here's the current (not really) guide from NC DOJ: http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
It's an add-on charge anyhow about carrying concealed firearms w/o permit (before there were permits...) just like GATTOTP.

From pages 22-23 of heretofore mentioned "guide":

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 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 North Carolina law, if it were placed in such areas of a vehicle as under the seat of
22the 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. (WRONG- HB937 says it's fine, at least on .edu property!)

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 (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

That guide was conveniently written in Aug 2013, before HB937 came into effect. What genius decided that? EDIT: I see they 'revised the guide in February 2014. Still is lacking current info IMO..)

Also, if a rifle or similar weapon was behind the seat of a single cab pickup truck, that isn't easily accessible and you'd be hard pressed to prove it in court. But that brings up the point:

How far are you willing to go to have a 'truck gun' at the ready? Also, notice that "loaded gun" isn't language found in the NC DOJ guide or state law. It's irrelevant unless you are the media.

 

[Chdamn]

You can hunt from the road in many counties both east and west of the piedmont, for bear. Don't see too many boys in Caldwell county getting pulled over for having loaded rifles on the passenger seat of trucks for that.

There is no NC statute for carrying long guns in automobiles.
It's the AG (current prog/lib IMO) guide to NC firearms that basically says it's a grey area. But if there's no law, there's no grey area.

Here's the current (not really) guide from NC DOJ: http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
It's an add-on charge anyhow about carrying concealed firearms w/o permit (before there were permits...) just like GATTOTP.

From pages 22-23 of heretofore mentioned "guide":

That guide was conveniently written in Aug 2013, before HB937 came into effect. What genius decided that? EDIT: I see they 'revised the guide in February 2014. Still is lacking current info IMO..)

Also, if a rifle or similar weapon was behind the seat of a single cab pickup truck, that isn't easily accessible and you'd be hard pressed to prove it in court. But that brings up the point:

How far are you willing to go to have a 'truck gun' at the ready? Also, notice that "loaded gun" isn't language found in the NC DOJ guide or state law. It's irrelevant unless you are the media.

Thank you.

My thought, since there was no readily available link to a statute of any kind was that this was a warning/ liberal interpretation of actual laws to scare the masses and make them think it's just not worth it.

Which was them spread around the interweb as fact and actual law by sea lawyers.

And you are absolutely correct, lack of law is not a grey area it is black and white. It is the entire basis of many things including open carry.

But sadly gun owners are being treated with about the same level of disgust as child molesters. To hell with the law.

 

[ikarus1]

I highly recommend printing out the current doj guide, highlight the parts that pertain to your situation, and have it readily accessible lol

sent from a rooted and rommed android

 

[Cape Fear]

I highly recommend printing out the current doj guide, highlight the parts that pertain to your situation, and have it readily accessible lol

According to your post from the DOJ guide I am good to go. There is no way the rifle could be considered concealed unless the officer flat-out lied about it. I will print & highlight the guide as you suggested. Thanks.

 

[WNC Seabee]

You must transport long guns unloaded in a container that is not readily accessible to the driver or passengers. Ammunition must be transported separately from the firearm. In a magazine is fine but it cannot be in a firearm.

Sent from a drone circling over your location.

This is not at all correct. You will not find anything in the NC General Statutes to back up this claim.