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1/25/2018 7:38:29 AM
Posted: 5/22/2003 5:39:02 AM EST
Going this weekend. What is the preferred method of carrying a loaded revolver in the vehicle?

We will be going through TN. I know I'm OK there with my GA carry permit, but I know that NC is different.
Link Posted: 5/22/2003 9:13:58 PM EST
The only totally safe way would be stored out of the passenger area of the vehicle (trunk, etc), but obviously you will like that option about as much as I do....NC law prohibits the carrying a weapon (specifically including handguns) "concealed about his person.....except when the person is on the person's own premises." Case law holds that a weapon concealed in a vehicle on a public street or highway is NOT on the person's "own premises", so to be legal (without a NC concealed handgun permit) the weapon must be in plain sight. This leaves quite a bit of discretion to the officer to decide whether or not the weapon was in plain sight. In the majority of the jurisdictions in NC I am familiar with, a handgun laying on the seat, so long as it is not covered up, is considered to be in plain view.

But, let me caution you that Cherokee is technically under Federal jurisdiction as tribal property. The tribe has a written agreement with the NC Highway Patrol allowing them to patrol the roads through the reservation & issue citations, but arrests made on tribal property are usually taken to Federal court or tribal courts, and they operate much differently than state courts. Firearms are prohibited on virtually all Federal property, including the Blue Ridge Parkway, any Federal parks, and tribal property (for non-Indians at least).

There is a bill pending in the NC legislature to require reciprocity on concealed carry permits with all states who will extend the same courtesy to NC permits, but it has not yet passed both houses. I have heard conflicting reports as to reciprocity at this time, but the only states which seem to be reciprocal right now are Oklahoma, Florida, & (possibly) Michigan. And even these will not apply on Federal property.....

Don't want to scare you, but keep in mind that the law is different on Federal property.
Sorry to make this response so lengthy, but it isn't a simple question when you involve Federal jurisdictions.

Hope you enjoy your trip anyway....
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