NC introduces the "Second Amendment Protection Act"

Status
Not open for further replies.
What if I don’t have a concealed weapons license or permit?
In Florida you can have a concealed firearm in your vehicle without a permit as long as it is not readily accessible or if it is “securely encased.” Securely encased is defined by Florida Statute 790.001(17) to include a glove compartment, whether locked or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case or in a closed box or container which requires a lid or cover to be opened for access. So long as it is securely encased, it is legal for you to carry the gun in your car, although not on your person. The other part of the law talks about “readily accessible for immediate use.” If it is close enough to you that it can be retrieved and used as easily and quickly as if carried on the person then it is readily accessible. That is defined by Florida Statute 790.001(16). The classic example of readily accessible is when the gun is under the seat you are sitting in.

Looks to me like a lot of restrictions on having a gun in your car. In NC it doesn't have to be "securely encased" and it can be "readily accessible" and it can be on your person. If the gun is out in open where it is easily seen it's legal. Other than a purchase permit NC is gun friendly. Larry

Nope. No permit required. I can have a concealed gun in a zipped case laying on the seat next to me. Or in a closed box, or rolled up paper bag, anything that has to be opened for access. Readily accessible means not required to gain access--not inside something closed that has to be opened.

"The classic example of readily accessible is when the gun is under the seat you are sitting in."

Being in something closed or a snapped holster negates the "readily accessible" aspect. By FL law, the snapped holster has to be "opened" for access to the gun.

"POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012."

As for the touted OC, I grew up in NC and rarely saw anyone OC'ing, and that is still true for the most part. OC is not "illegal" in its entirety in FL, it is restricted to hunting, fishing, camping, and a few other select conditions.
 
You don’t need your NC county sheriffs permission to buy a handgun if you have a NC concealed carry, you got his permission to carry AND purchase when you did the permit application and passed the bg checks.
 
What if I don’t have a concealed weapons license or permit?
In Florida you can have a concealed firearm in your vehicle without a permit as long as it is not readily accessible or if it is “securely encased.” Securely encased is defined by Florida Statute 790.001(17) to include a glove compartment, whether locked or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case or in a closed box or container which requires a lid or cover to be opened for access. So long as it is securely encased, it is legal for you to carry the gun in your car, although not on your person. The other part of the law talks about “readily accessible for immediate use.” If it is close enough to you that it can be retrieved and used as easily and quickly as if carried on the person then it is readily accessible. That is defined by Florida Statute 790.001(16). The classic example of readily accessible is when the gun is under the seat you are sitting in.

Looks to me like a lot of restrictions on having a gun in your car. In NC it doesn't have to be "securely encased" and it can be "readily accessible" and it can be on your person. If the gun is out in open where it is easily seen it's legal. Other than a purchase permit NC is gun friendly. Larry

Yep, you’re absolutely correct! It’s just terrible down here in FL. Please tell all your family, friends and neighbors thinking of coming here just how awful it is, how restricting the gun laws are, and to please, for their own good, stay away. ;)
 
My best bud moved to Florida [from the sorry state of MD] a couple years ago. I told him that there were gators, sinkholes, anacondas, hurricanes and crotchety old people but he went anyway. Florida’s gun laws are wasted with him as he’s not a shooter or even a gun owner. He gave me the couple of guns that were his dads. When he visits me in NC I let him play with mine.
 
The pistol purchase permits are fraught with problems. The largest is that once a permit is issued, there's no mechanism for them to be recalled (like there is with a concealed handgun permit). In other words: a person could go get a handful of PPP permits, and then subsequently get convicted of a felony. But those permits would still be honored at a licensed dealer—and since the pistol purchase permit allows the dealer to bypass the instant NICS check, the purchase would go through. The transaction would be recorded on a 4473, but that would be little comfort to the people that the felon would almost certainly go on to victimize.

Scrapping the Pistol Purchase Permits and just having the dealers run the purchase through the NICS check would actually better serve public safety concerns. But those facts are of no concern to the Bloomberg kids and moms and think any law is a good law.

North Carolina's governor would almost certainly veto any legislation to eliminate the pistol purchase permit process entirely, but it should still be pushed forward as a legislative priority.

This is a part of North Carolina that I don't miss one bit.

Mike
 
Last edited by a moderator:
House Bill 134, introduced today. Eighteen sponsors, so far.

It has several sections.

PART I. ALLOW HANDGUNS ON RELIGIOUS PROPERTY WITH A SCHOOL

PART II. CONCEALED HANDGUN PERMIT LAPSE

PART III. CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT FACILITY 9EMPLOYEES

PART IV. CONCEALED CARRY FOR CERTAIN EMERGENCY MEDICAL 31SERVICES PERSONNEL



See link to bill.

https://www.ncleg.gov/Sessions/2021/Bills/House/PDF/H134v0.pdf


Okay, we know it is out there.

Contact your legislators and urge them to support it.

I'll close this now because it is drifting into off-topic discussion, and this 2A forum is not a general discussion forum.

Get back to us with how it does.
 
Status
Not open for further replies.
Back
Top