Can gun in trunk be taken out for self defense without CC permit?

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my guess is most CCW carry with permit unknowingly broke laws many times in many places, just got away with them most of the time
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Perhaps. But if you are going to carry, that is a huge decision not to be taken lightly. If you decide to carry, learning where you can and can't legally carry really isn't hard. It will never be legal to carry everywhere so we have to learn what are restrictions are if we intend to carry.

since i am kind of keep it simple type person, i really hate to worry constantly about if this place i go/drive to will be offlimit, it now seems gun in trunk unloaded/locked is not legal everywhere either, even if i have CCW permit, if i am not mistaken
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Paying attention to where you are at is even less difficult. :)

another thought, since NC allows open carry, when I see danger coming, I open trunk, load gun, put it under windshield, that's open carry, should not have violated law, hmmm...
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I'm really trying to figure out when that could ever happen. If you are going to put it under the windshield, you have to get in the car (read: escape vehicle or 4500lb battering ram). If you get in the car, why on earth would you knowingly proceed toward trouble? If you are knowingly proceeding to trouble and you have no choice, why wouldn't you hold the gun? You lost me on that one, brother! If I was getting into a bad neighborhood mistakenly, getting out to retrieve my gun opens me up to more vulnerabilities than simply locking the door and moving along. I'm just confused because to me self defense has an order to follow:


  1. I notice a grave danger to myself or my family and I have time to react, hopefully.
  2. Get myself and/or my family out of there. Escape, flee, retreat, avoidance, being a coward, living to debate the matter...whatever you want to call it.
  3. Option 2 isn't an option (or when I'm in my home)...I'm forced to retaliate.
I'm not trying to be argumentative. I understand where you are coming from actually. I asked myself these very same questions you are asking. I came to the conclusion that a firearm was at risk of being stolen and useless to me in an honest to goodness emergency unless it was in my holster on my hip. The chances of needing it are slim to begin with, but the odds that something happens where I have time play go fetch and return fire (legally) are astronomical IMO. I came to the conclusion to either conceal carry, open carry or just leave it at home. NC law sucks and sometimes you'll need to lock it in your truck/car, but it is what it is.
 
Firearms are NOT prohibited on Indian Reservations by federal law.
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LT,
This is correct, but just because the Swinomish allow it with a non-tribal permit doesn't mean that all reservations are the same.
(Your example may tend to lead some to think that they're OK with their CPL on all reservations.)
Every tribe/reservation have their own rules and regulations and you need to be aware of what they do and don't allow.
Kind of like military bases, some allow firearms through their gate and some don't. Last time I was at Whidbey, they required all firearms to be turned into security upon entering. I don't know if it's different if you are stationed there, but visitors come under different rules. (I am retired Navy, but it idn't make any difference.)
 
the better option may be mace
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O.k., but check your local laws in each jurisdiction. OC and other sprays are not legal in all places and are restricted in many of the locations where a handgun would be.
 
When was the last time you were patted down or had your vehicle searched? Just don't do anything stupid and no one will find a gun in your car. If you are pulled over the safest plase to hide a gun is on a female passinger because male officers can not usually frisk a woman.
 
O.k., but check your local laws in each jurisdiction. OC and other sprays are not legal in all places and are restricted in many of the locations where a handgun would be.
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Heck, in some jurisdictions, any act of self-defense is illegal if an option to retreat exists... :banghead:
 
I get searched periodically when entering military bases. They have signs posted that say no firearms are allowed. They go through my car and stuff pretty thoroughly. They also look in to backpacks, purses, and the like. I sometimes carry a firearm in my RV, but stay away from state parks, military bases, etc. for camping. I've often wondered what those who have firearms do when they go into an area where they are not allowed. The same question applies when making an excursion into Canada or Mexico where firearms are expressly forbidden. Where do you stash them until you can come back to pick it up?
 
@ForumSurfer

ok just give you an example, if i drive, travel around city, towns where there are people around i usually feel pretty safe, yes i will stay away from bad neighborhoods and i have no interest visiting them to begin with... and i do not feel any gun is needed

but when i travel to national parks or very remote scenic areas where there are no human in sight say within 5 mile radius, and camp overnight, enjoy the stars, the sunrise etc. i will feel really better if i have a handgun in the trunk, just in case any wild animal or felon come close, at least i will have something to fall back to, i will have a chance instead of totally helpless, and i don't have pull down tent, collect my stuff, jump into car and flee at the sight of any human being coming, nor do i have the time.

after some more thoughts and research, now i am pretty sure i can get the gun out and self defense if necessary, without worry about CC law violation (of course after the bigger test of justifiable self defense), since i read some 43 states including CA allow open carry, when the gun is out of the trunk, it's open carry, i did not violate any CC law, as long as i did not conceal it under my cloth and wait for the other side to come close and start firing. i will sure keep it openly visible (on windshield, passenger seat, on the camp table...), hopefully that will deter the other side from doing anything stupid, that will be much better outcome than any shooting and legal nightmares that will follow.

by the way, you said "learning where you can and can't legally carry really isn't hard. ", yes that's not hard at all, the hard part is you need to know the type of every building every area you ever go into, if you walk pass by a government building or parking lot or a building rent by federal government (without any sign sorry) with a gun, congrats, you just violated the law which makes you a felon LOL
 
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Owen Sparks said:
When was the last time you were patted down or had your vehicle searched? Just don't do anything stupid and no one will find a gun in your car. If you are pulled over the safest plase to hide a gun is on a female passinger because male officers can not usually frisk a woman.
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that's playing with fire, do not risk it, what if someone ran the red light and hit your car? i mean the CC law violation is no joke, i read some states will have mandatory prison time, and felon status for life
 
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Sam1911 said:
O.k., but check your local laws in each jurisdiction. OC and other sprays are not legal in all places and are restricted in many of the locations where a handgun would be.
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sigh, you mean buying a mace put it on my wife's keychain could get her into trouble, if she steps into government buildings, post office etc? that really sucks, mace is non-leathal, why on earth treat it like a gun
 
It all depends on where you are. In some jurisdictions the government wants to have a very strict monopoly on force of any kind.
 
ns66 said:
I don't have CC permit, in southern states like NC, I like to travel around (within and to neighbor states) and camp and visit national park etc. I like to keep a handgun unloaded and locked in trunk of my car, just in case run into bear or felon. To my understanding this is legal in most of southern states (I won't go to CA or IL or NY etc)

Now the question, say if I camp and someone tries to rob or kill me, is it legal for me to open trunk and get the gun out and self defense? when I get the gun out with me, at that moment did I just "conceal carry" and thus violated the law?

I read some cases ppl get charged not for manslaughter but for illegal possession/use of the gun, I like to understand is it legal or not.

thanks!
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Open carry is legal in NV.

It's also legal to have a loaded handgun stored in your vehicle, as long as it is not "concealed upon the person". Meaning loaded handgun in vehicle's glove/utility compartment is legal and loaded handgun in a portable container (bag/case/pack/purse) not legal unless you have a valid CCW permit.

NV does not have a "castle doctrine"... yet.
So, you have a "duty to retreat" prior to using deadly force.


Let's say you happen to go to CA... :evil:

Under CA laws [PC 12026.1], it is legal to transport an unloaded handgun with ammunition in a locked container (a vehicle's glove/utility compartment is not considered a locked container). So, it is legal to have an unloaded pistol and loaded magazines in a locked container on seat next to you.

Under CA laws [PC 12031(l)], it is legal to have a loaded firearm in your residence/temporary residence (hotel/motel room, campsite).

Under CA laws [PC 12031(j)(1)], it is legal to have a loaded firearm, anywhere you are legally allowed to be in, when you are in immediate danger.

Under CA laws [PC 197], you can use deadly force when you are in fear for your life or the life of another.
Also under CA laws [PC 198.5], if someone breaks into your residence/temporary residence, you are automatically assumed to be in fear for your life when using deadly force aganist that intruder.
 
thanks Quiet

that's quite clear, especially regarding i can have a loaded gun in campsite, and if i am in danger, i can have loaded gun anywhere i am legally allowed to be in...

i hope other states will be similar, since CA is not really gun friendly state

i am always curious why open carry is more allowed (even without permit) than concealed carry, is it because LE folks don't like to get surprised? :D
 
ns66, I feel your pain. NC is frustrating and I don't have a problem with you carrying the way you carry, brother. I'm just trying to offer up food for thought.

I don't feel a gun is necessary where I live...but isolated incidents happen and I choose to have one on my hip in case the opportunity arises for me to become a possible statistic if you know what I mean.

I don't like vacationing with my girlfriend (ok, I don't have one now but you get the picture!)or kids without a weapon nearby...even if law requires it to be in my trunk or vehicle. I feel better knowing it is nearby just like you, man.

I just get so frustrated with the gameland laws. I can easily end up on gamelands without knowing it when I'm around the Blue Ridge Parkway. I don't carry for animal protection, it is the two legged predators that commit crimes of opportunity that scare me. The BRP is a really safe place to visit, but you never know when you run across a guy that has decided to cross the line. He may view me as a soft target, he may feel my travel partner is a beautiful woman and he'd like to attack me and have his way with her, he may be a sicko with a thing for kids or who knows what. Bad things can and do happen in "safe" places. I have a HUGE problem with my state valuing wildlife over my right to self protection and I get a little fired up. Please don't take my comments as being critical or condemning against you. I just like good conversation with members that face the same problems and myself who choose a different route to carrying than I have.

Take care and be safe. NC has some really beautiful places to camp and visit. Not many other states give you the chance to spend 3-4 days in the mountains, travel for a day and spend another 3-4 days at the beach! You can take minimal time off of work and have a very varied vacation with your family. Anyone who has lived in NC, Tenn, VA or SC and never traveled the parkway should take time to do so.
 
Check out the handgun law site. In Georgia, I believe, you can carry a firearm in a car only if it is exposed to view. The law may have changed since I was there last, but that is the last I remember.
 
If you have time to run to your car, open the truck grab your gun, load it and then use it you should just get in your car and leave.

BUT If i was in your situation i would keep on just incase someone grabbed my wife. You never know. And BTW you don't need to shoot a bear just because you see it, your in their home.
 
Self defense is the supreme law, and while you may be cited for unlawful carry better to be cited than funeral rited.
 
It sounds like in Alabama, unless you have a permit, it's only really legal to have a handgun in your home. (Exceptions understood). Its been a long time since I lived in the South but I'd always had the impression it was a fairly firearm friendly place. Alabama doesn't sound much more friendly to handguns than Chicago, LA or Washington DC. When reading about such restrictions its easier to understand why some folks are upset about the loss of gun rights!

Just another reason I enjoy living in the West. Just for everybody's information if you want to carry a firearm in your car here in Montana, do so without worries. In town or out of town, visible or hidden, loaded or unloaded, handgun, shotgun, rifle. It's OKAY, just do it!

Once you get out of the car, open carry is legal, concealed carry is legal without a permit anywhere outside a city or town. Permits are shall issue. The only bug in the ointment I don't like is the prohibition on carrying where alcohol is served, in government owned buildings, and banks.

(Btw, the current Montana legislature is considering changing the law to permit concealed carry in cities and towns as well without a permit. The current bill lets anybody who can legally own a handgun according to Federal law carry it concealed. I'm hoping it passes. Carry permits would still be issued though...which is good for reciprocity when traveling.)
 
It sounds like in Alabama, unless you have a permit, it's only really legal to have a handgun in your home.
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Actually the Heart of Dixie is pretty gun friendly state. Open carry is legal,you can get a CCW permit at 18(depending on the sheriff),you can have a loaded long gun in your vehicle(except on:WMA ,military posts and similar). No purchase permit required,no registration,private sales are unresticted(only by FEDERAL law),no "duty to inform" and on and on. Bama is pretty frienfly to us gun owners.
 
That's good to hear JimmyRay!

It doesn't seem very friendly to handguns though...at least according to the previous posts in this thread:

In Alabama,a handgun in a vehicle(trunk or not,loaded or not) is concealed and requires a permit.
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Alabama law makes no provision for "travelling through",though I don't think it would be a problem as long as there weren't other factors. The only exceptions(the law is very specific in this regard) are driving home from place of purchase,driving to and from a gunsmith for repairs/upgrades or when moving from old residence to a new one. It would be best to get a permit in your home state as Alabama will recognize any state's permit that recognizes Alabama's permit.
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I enjoy shooting handguns. If I lived in Alabama and didn't have a handgun permit I'd not be able to shoot, yes? Are handgun permits 'may' or 'shall' issue? Do handgun permits allow concealed carry or is that another permit? (Just curious).

Paul
 
Concealled carry permits are "may issue" but most sheriffs understand that their jobs depend on such things so it's pretty easy to get one. No permit is required for open carry of a handgun but you need the property owner's permission if not on your own property.
If I lived in Alabama and didn't have a handgun permit I'd not be able to shoot, yes?
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No,you could shoot as often as you liked on your own property or anywhere you could walk to.
 
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