Hey guys, this is something I have always wondered. Please don't flame me, just asking a question.

Say one was to meet some friends for dinner and decided they were going to get a beer at the restaurant. They have a NC CHP.  They have their carry weapon on them and remove it and leave it in the console (mag inserted round in chamber) of the vehicle before entering the restaurant.

Eat dinner and have a beer. Pay for food and leave the restaurant.

The gun remains in the console (mag inserted round in chamber). On the way home you are stopped by a police officer. Can you get in trouble for having alcohol in your system (1 beer) and having the gun not on your person, but in the center console? Should the gun be stored somewhere not accessible to the driver separate from the ammunition?

I know, don't drink and drive, but I'm talking about 1 beer at dinner and being well under the legal limit.

In the situation you described you could be in for some trouble. NC does not differentiate between loaded and not loaded so that would not matter. Having it in the console would most likely be considered concealed carry. The best way would be to lock the gun in the trunk or in a lockable container somewhere in the vehicle that is not readily accessible to the occupants before you go in.

As to not being drunk, when you carry concealed NC considers ANY measurable amount of alcohol in the blood a violation of statute and can result in a charge.


You shouldn't ever be flamed for asking a question. ALWAYS better to ask and find the answer over being informed on the road side by an officer that you didn't know something.

I would think yes, as it is being covered by the permit when transported in such a state and fits the definition of concealed.

I don't advocate alcohol and guns mixing ever, but this part of the law is stupid, I would like to believe a reasonable officer would not push the issue at <0.04 BAC, but hope is a poor defense strategy. Best advice is don't do it. Next best is don't get pulled over. Then transport in a legal manner not covered by the permit, trunk, aft and out of reach of the rear most passenger area in a vehicle without a trunk, Lastly if you did do it, the fifth and fourth amendments come into play, they exist for a reason, think about them. and how they apply, plan and act accordingly.

Thanks for the responses. So if one was to be in this situation, would it be best to put the gun in the back seat (no trunk, drive a truck) or perhaps in the pocket behind the drivers seat? Just somewhere out of reach?

What if the gun was placed in the passenger seat for the ride home, thus not being concealed?

Best bet would be to spend about $30 on one of the cheap center of mass lock boxes with a cable and lock the gun in it and secure it around the seat mount of the back seat.

Once it's locked in a box under the back seat it should  no longer be considered concealed, it's being transported in a secure manor.

Again do this BEFORE you go in the restaurant and then you would not be handling a concealed handgun with any alcohol content.

NC sucks at defining. Which can be a good thing.
Laying on any seat is iffy, it's no longer concealed, but my wife had to represent a guy that did so because the officer felt it was, the firearm in question was a pump shotgun to give you an idea how difficult discretion can make life.
Under a seat or in a pocket is no good, it's concealed. Behind a seat in a pickup is usually taken as accessable.
NC does not care if anyone is in the seat, if someone could be it is accessable. A locked container, may suffice, glove boxes and consoles do not as I understand it. Trunk or behind and out of reach in a cargo area suffices. Truck bed tool boxes are a good thing if you're gonna worry over the law.


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FYI....From the NC Dept of Justice:

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
the 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.

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
vehicle.

If I have a CHP I can put the gun in the console or on the seat right? This is separate from the alcohol question. Assume BAC 0.0.

Correct, with a concealed handgun permit you can put it in the console, glove box, or any place concealed but still accessible.

You can place a handgun on the passenger seat and as long as it remains visible and not covered you don't need a permit. With a permit you can place it on the seat and have it covered and be legal although unless it's attached somehow to the seat it's not a good idea to travel like that.

Be careful...that document is not the law. It's simply the interpretation of our wacko AG. See the disclaimer on the cover page:

This publication is only represented to be current as of the revision date on this cover page. Material in this publication may have been altered, added, or deleted since the revision date. Information contained in this publication should not be relied upon as legal advice in a particular scenario. This information is designed as a reference guide only.

Agreed, it is the DOJ interpretation....just as a prosecutor or judge is going to have their interpretation.  The point is there is no explicit explanation defining all the scenarios of what is concealed and what is not.

 

The law is against concealed carry if you have any alcohol in your system.  No law against open carry.............

Regardless, booze and guns don't mix well, just like driving and booze.