North Carolina's laws regarding open carry in a vehicle are complex and can be easily misunderstood. This guide clarifies the regulations, ensuring you understand your rights and responsibilities as a licensed gun owner. This information is for guidance only and should not be considered legal advice. Always consult with a legal professional for specific guidance regarding your situation.
What is Open Carry?
Open carry refers to carrying a handgun openly visible, rather than concealed. In North Carolina, this means the firearm isn't holstered or otherwise hidden from plain view.
North Carolina Open Carry Laws in a Vehicle
North Carolina law allows for the open carry of handguns in vehicles, provided the individual legally possesses the firearm and adheres to all other applicable state and local regulations. However, several crucial caveats exist:
Crucially, the firearm must be properly secured. This typically means it's in a holster, or in a case that is locked or otherwise secured to prevent easy access. Simply having a gun visible on the seat, even if unloaded, is not considered "properly secured" and could result in legal ramifications.
While the law doesn't explicitly define "properly secured," the interpretation tends to favor methods that demonstrably prevent unauthorized access. A locked case, a securely fastened holster, or other measures that prevent a quick and easy grab are key.
Transportation of an Unloaded, Securely Stored Firearm: North Carolina law generally allows for the transport of a handgun, even if you do not have a concealed carry permit. However, it must be transported unloaded and securely stored.
What about Concealed Carry Permits?
Having a concealed carry permit doesn't alter the rules concerning open carry in a vehicle in NC. While you can openly carry a handgun if properly secured, it doesn't provide an exception to the "securely stored" requirement.
Can I Open Carry a Long Gun in My Car in NC?
North Carolina law generally permits the transportation of long guns (rifles and shotguns) in vehicles without specific storage requirements, provided they are not concealed. However, local ordinances may impose additional restrictions.
Where Open Carry is Restricted
Even with proper securing and a valid permit (if applicable), open carry might be prohibited in certain locations, including:
- Government buildings: Federal, state, and local government buildings typically have restrictions on carrying firearms, regardless of whether they are concealed or open-carried.
- Schools: Schools and educational facilities usually prohibit firearms entirely.
- Bars and establishments serving alcohol: Possessing a firearm in these establishments is often restricted.
- Private property: Property owners can legally prohibit firearms on their premises, regardless of permit status. Always respect posted signage.
What Happens If I'm Stopped by Law Enforcement?
If stopped by law enforcement while open carrying in your vehicle, remain calm and cooperative. Inform the officer immediately that you are openly carrying and that your firearm is secured in accordance with state law. Present your license to carry handgun (if applicable) and any other relevant documentation upon request.
Penalties for Illegal Open Carry in NC
Violating North Carolina's open carry laws can result in fines, jail time, and the revocation of any relevant permits. The severity of penalties depends on the specific violation and the individual's criminal history.
This information is for general knowledge and informational purposes only, and does not constitute legal advice. It is crucial to familiarize yourself with the precise wording of North Carolina's statutes and to consult with an attorney if you have questions or concerns regarding your rights and responsibilities as a gun owner.
