How I Carry Concealed LEGALLY at Age 20 in a 21+ State

WhitePony

Inactive
The state of North Carolina won't issue me a CCW Permit, because the law says I'm 10 months too young. Thanks to everyone at TheFiringLine, Northeastshooters and TheHighRoad, however, I found another way to legally carry concealed here in NC, and I wanted to share my story.


BACKGROUND

I'm 20 years old--on my own since I age 16--I've been in college four years, and I've been shooting handguns since I was 8 years old. My father bought me my first pistol (Davis .380 ACP) when I was 12, and soon returned it for a better gun (Smith & Wesson 6904 9mm) when I was 13.

I've been in college since age 16, working two jobs and going to school full time since age 17--the same year I joined the NRA--and I registered to vote and joined the Libertarian Party when I tuned 18. I'm a journalism major with dreams of law school, a lifelong gun enthusiast and a political junky. Vote for Ron Paul.

Needles to say, I'm pro-gun to the core, and I love to shoot.

The idea of a CCW Permit first occurred to me when my Dad was robbed at gunpoint outside a Wal-Mart by three convicted felons in 2002.

Three years later, I took a job as a cashier in a one-cop town, a mile from the highway, in a restaurant that bankrolled $3000 cash per shift. As I counted the bills into neat stacks around 11pm each night, it sickened me to think that the back door was open, the silent alarm was broken, and I'd be the one getting shot if we were robbed.

That summer I finished my term at community college and transferred to a four year school in a different town. I took a job waiting tables nearby, and would have been robbed in the parking lot the same week, if I hadn't locked my car doors just seconds earlier.

I lived on campus, so I didn't have my gun, but I got it back when I moved off campus a year later. I joined a local range and started shooting again after what felt like years. I couldn't stop thinking how nice it'd be to have a CCW. I'd studied the law enough to develop tricks like removing the slide and putting the lower receiver in the trunk when traveling (NC has no specific laws about regarding transporting vs. carrying, but they do have laws about what actually constitutes a firearm), but I thought it was ridiculous that I had to, when I knew I was better trained than even some law enforcement (for one thing, my gun is CLEAN).


THE BEGINNING

I got so pissed one night, that just for the hell of it I started researching other states laws on sites like handgunlaws.us and usaconcealedcarry.com. The doctor says I'm Adult ADD, but I can research the hell of anything that interests me.

I discovered that most states have reciprocity (NC's permit is one of the best for that), and that some states only require you to be 18+ to get a CCW permit (Indiana, Texas, etc). I found that since reciprocity is so random and confusing, some states just issue Non-Resident permits, and some states even honor such permits under reciprocity agreements.

I went through the entire Non-Res .pdf document from handgunlaws.us, and found that of all the states that would issue me a Non-Res CCW at 18+, they all required that you own property in the state (SC, TX), live in a bordering state (OR), or have a previously existing permit (NH), except one: Maine. Maine will issue a "Non-Resident Permit to Carry Concealed Firearms" to anyone 18+ with a clean record, no mental health issues and "proof of handgun safety training and knowledge."

I almost gave up when I found that Maine permits are not honored in NC.

Then I remembered New Hampshire. I downloaded their application for a "Non-Resident Pistol/Revolver License." The application stated that unless I was a Vermont resident with a letter from my Sheriff (VT doesn't issue permits, since it has no laws against concealed carry), I needed to provide a copy of a valid CCW permit issued by my home state, or "...any other state."

"...any other state"

That phrase was my last hope.

A guy on northeastshooters.com posted a link from Pro-Gun NH's website which said that as of 2004, the state dept. ruled that a non-res CCW permit from another state qualified an applicant to receive a NH non-res CCW permit. Ironically, this is thanks gun-hating states like NJ and NY where it's difficult if not impossible to get a CCW, and residents instead get permits from places like Utah or Florida.

Personal accounts from THR affirmed that a non-res permit from somewhere else satisfied New Hampshire's requirement.

I finally had a plan.


THE PROCESS

I printed off the Maine non-resident application, filled it out, and copied all the documents I needed to submit (birth certificate, passport photos, etc).

I was only missing one: "Proof of Handgun Safety Training and Knowledge."

Nothing specified what exactly they wanted, so I searched until I found a guy on SigForums.com who had a ME Non-Res CCW Permit that said an NRA Basic Pistol Course certificate should work fine.

The gun ranges here only offer that course to those 21+, but since that's a business policy and not a law, I found an certified instructor on craigslist, explained my situation, and he agreed to give me the course.

After I passed the course, I copied the certificate, along with my annual safety cards from both ranges I frequent, one of which actually says "Annual Safety Certificate."

I sent my application packing to the Maine State Police: Gaming and Weapons Unit in Augusta, ME on 11/28/07.

I received my permit 84 days later.

permit01.jpg



I had already written the check for New Hampshire by the time I got the Maine permit. I made a copy of it and sent in my application the next day.

I received my permit 47 days later (thanks again to everyone here who kept me updated on the delay).

permit02.jpg




AFTERMATH

I have the utmost respect for the men and women in law enforcement, and I think 98% of them are fine, upstanding people whom I thank for their service. I think cops are stereotyped unfairly 99% of the time, because only the overzealous ones harass you for no reason, while the rest are out there keeping you safe and minding their own business.

With that said, I've had more than my share of experiences with the overzealous type. I've been pulled over eight times in two years and never ticketed, illegally searched once, had my unloaded guns confiscated from the trunk of my car, and then returned, because the police officer "made a mistake."

I'm terrified of getting pulled over. It scares the !#@$ out of me, and I know that some officers don't know the law. That's why I carry the same law book that they do in my car.

Unlike Colorado, Michigan, Florida and other states that specifically state that non-resident permits are NOT covered under reciprocity, North Carolina's law simply states:

§ 14‑415.24. Reciprocity; out‑of‑state handgun permits.

(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina if that state grants the same right to residents of North Carolina who have valid concealed handgun permits issued pursuant to this Article in their possession while carrying concealed weapons in that state.

The state of Georgia, which honors non-res permits under reciprocity, specifically states in their laws that while non-resident permits are fine or non-residents, a resident of Georgia must have a Georgia permit.

North Carolina's law says no such thing.

I printed off a copy of this law with a highlighted section, along with the official list reciprocity states from the NC Dept. of Justice website and put them in my car. Since under NC Law, I can legally possess a handgun at age 18, but not buy one until I'm 21, I returned my Smith & Wesson to my Dad, and had my mom buy another gun for me, a Glock 23.

I then had a legal document drawn up and signed, authorizing me to me in possession of her property, since I knew someone might challenge whether or not I legally acquired the gun, even though I was old enough to possess it. A copy of this also went into my car.

The day I got the NH permit, I took to the sheriff's office and asked if they recognized it. After a lot of confusion, a detective told me that since I was an NC resident, my NH permit was NOT honored, and I needed to obtain an NC permit. I asked him to produce an official document stating as much...and after thirty minutes, he was still unable to, but said that's what he'd been told, what his sergeant had been told, and to call the NC Attorney General's Office.

On the first call, I spoke with an Assistant Attorney General, who said the matter depended on whether or not New Hampshire intended for non-resident permits to be included in the agreement, and to call them and find out.

I called and spoke with a Detective in the New Hampshire AG's office, who was extremely confused how I'd obtained a NH permit, and called me back to say that he didn't know and to check with the North Carolina authorities.

Frustrated, I called the State Director of the NRA for advice, and he laughed hysterically, thought it was the funniest thing he'd ever heard, and gave me the number for the firearms specialist in the AG's Office.

I called, and he was very short, questioned why I had a New Hampshire permit and not a North Carolina one, and I told him that if the state would issue me one, I'd take it, but they won't.

He confirmed twice that regardless, my NH non-resident permit is 100% honored under NC law, and that any sheriff that told me otherwise was wrong, and to have them give him a call.

I called the Sheriff's Dept., and this time spoke with the Deputy who assists the sheriff in issuing NC permits. Her response was,

"I wish you remembered who told you that your permit isn't honored, because honestly, I don't see the problem with it. Remember, we're street cops. We don't really know the law about this kind of thing, but as long as someone produces a permit that's not expired, I usually don't even check the list. I think you chances of actually being cited for this, when you have TWO permits, are slim to none, but you're welcome to come in and get a letter from the sheriff explaining it if you'd like."

I then called an attorney, to ask if I could have this thrown out, if I were actually cited. His response was,

"This would almost certainly be thrown out before it ever went to trial. Only a really overzealous DA would ever try to prosecute you on a charge like that, and even if they did, you can beat it in court. So don't worry about it."

I'm making an appointment to see the sheriff next week.


THOUGHTS

This saga all started by researching laws, and reading personal accounts here on TheFiringLine and other forums. Thanks everyone, for your insights, advice and opinions. I didn't even register on this forum until today, but the information I got from it was invaluable, and I certainly put it to good use. Thanks again.
 
Do not be supprized when

the sheriff tells you your a resident of NC and the NC law precluded a non-registered permit from a state your not a resident of. It might be the sheriff will let it go or it might just make him think you are a smat azz and need to be taken down by his lawful authority. Let us know the outcome.
 
Just curious, but is there anything in NC law that says if you're a NC resident they won't honor your out of state permit? I know that is the case in MI. It was to prevent people from getting a permit in IN when you couldn't get a permit in MI.
 
ROFL! That's genius!:D

Good thinking. It's too bad you actually had to do all that, but I find it hilarious that, with enough information, you can make the laws of 3 different states work better than the laws of 1.
 
Let me say, first of all, thanks a lot--really and truly--to everyone here.

Thanks for all the support AND critique. We're all pro-RKBA here, so any critique only serves to help me understand my position better, and to make all of us smarter in the process.

I wouldn't have gotten those permits without reading post after post here on THR.

So be PROUD OF YOURSELVES.

The only reason this thread was my first post is because I didn't have anything to contribute yet.

toybox99615 said:
[don't be surprised when] the sheriff tells you your a resident of NC and the NC law precluded a non-registered permit from a state your not a resident of. It might be the sheriff will let it go or it might just make him think you are a smat azz and need to be taken down by his lawful authority. Let us know the outcome.
Unless the sheriff wants to piss off the state of New Hampshire--during an election year of all things--by trying to punish me for merely having an out-of-state CCW, I seriously doubt he'll do anything. There's nothing he legally can do, anyway.

The deputy with whom I spoke said he's very easy to work with, and expects him to have no problem writing the letter for me.

If he accuses me of being a "smart ass trying to beat the system," I'll simply reply "I'm not trying to beat the system...I'm trying to follow the law. Do you think I'd have done all this work, and be in your office now, if that wasn't important to me?"

I'll keep you posted though!

PS - Alaska is a badassed state, in my humble mainlander opinion. No permit needed for legal concealed carry but issues anyway for reciprocity, marijuana is legal (no, I don't and have never smoked pot, but it's the principle of the thing) plus the social security checks and small business loans they offer, they get a 10/10 on my scale.

I plan on visiting someday.


DonR101395 said:
Just curious, but is there anything in NC law that says if you're a NC resident they won't honor your out of state permit? I know that is the case in MI. It was to prevent people from getting a permit in IN when you couldn't get a permit in MI.
No, not that I can find. Like I said, the law reads...

§ 14‑415.24. Reciprocity; out‑of‑state handgun permits.

(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina if that state grants the same right to residents of North Carolina who have valid concealed handgun permits issued pursuant to this Article in their possession while carrying concealed weapons in that state.

Believe me, I checked that before I applied. The Attorney General's Office and my own attorney agree: I'm covered.

raimius said:
ROFL! That's genius!

Good thinking. It's too bad you actually had to do all that, but I find it hilarious that, with enough information, you can make the laws of 3 different states work better than the laws of 1.
Thanks! I'm glad someone else sees the humor in this the way I do...
 
Good work on your research. What kills me is, reading this, I could hear antis scream "loopholes!". Makes me ill for saying that as I am glad you were able to track and interpret the laws so you can legally carry.
 
Alot of good research. Glad it worked out for you. One suggestion is to make copies of all the stuff reguarding the laws that you have in your car. (presumably to show an officer if stopped?)

Keep a few copies in the car, and maybe make sure your favorite lawyer has a copy also?

Good luck. Its just a shame that you had to go through so much crap in your desire to exercise your constitutional right.
 
Way to go!!! The "second class citizen" status afforded to adults under the age of 21 has always been grating to me, it's nice to see that in this not-so-small way, you've liberated yourself and claimed rights that are rightfully yours.

I was pleased to see the license from my own Live Free or Die state in your post above.
 
There's only one minor fly in the ointment. I'm surprised no one has brought up the Federal law in this regard:

(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful (emphasis added). Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]

Tread lightly.

Regards,

Walt
 
Au contraire, mon frair...

He's a juvenile for the purposes of Federal Law with regard to handguns if he's under 21.

Regards,

Walt
PS Here, as in all things, I reserve the right to be wrong.
 
You are wrong here. He's not. Your own excerpt says UNDER 18. He's not under 18. It's not an issue as long as his home state allows handgun possession at 18.

Au contraire, mon frair...

He's a juvenile for the purposes of Federal Law with regard to handguns if he's under 21.

Regards,

Walt
PS Here, as in all things, I reserve the right to be wrong.

18 U.S.C. 922(x)



(x)(1) It shall be unlawful for a person to sell, deliver, or

otherwise transfer to a person who the transferor knows or has

reasonable cause to believe is a juvenile--

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to

knowingly possess--

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to--

(A) a temporary transfer of a handgun or ammunition to a

juvenile or to the possession or use of a handgun or ammunition by a

juvenile if the handgun and ammunition are possessed and used by the

juvenile--

(i) in the course of employment, in the course of ranching or

farming related to activities at the residence of the juvenile (or

on property used for ranching or farming at which the juvenile, with

the permission of the property owner or lessee, is performing

activities related to the operation of the farm or ranch), target

practice, hunting, or a course of instruction in the safe and lawful

use of a handgun;

(ii) with the prior written consent of the juvenile's parent or

guardian who is not prohibited by Federal, State, or local law from

possessing a firearm, except--

(I) during transportation by the juvenile of an unloaded handgun

in a locked container directly from the place of transfer to a place

at which an activity described in clause (i) is to take place and

transportation by the juvenile of that handgun, unloaded and in a

locked container, directly from the place at which such an activity

took place to the transferor; or

(II) with respect to ranching or farming activities as described

in clause (i) a juvenile may possess and use a handgun or ammunition

with the prior written approval of the juvenile's parent or legal

guardian and at the direction of an adult who is not prohibited by

Federal, State, or local law from possessing a firearm;

(iii) the juvenile has the prior written consent in the

juvenile's possession at all times when a handgun is in the

possession of the juvenile; and

(iv) in accordance with State and local law;

(B) a juvenile who is a member of the Armed Forces of the United

States or the National Guard who possesses or is armed with a

handgun in the line of duty;

(C) a transfer by inheritance of title (but not possession) of a

handgun or ammunition to a juvenile; or

(D) the possession of a handgun or ammunition by a juvenile

taken in defense of the juvenile or other persons against an

intruder into the residence of the juvenile or a residence in which

the juvenile is an invited guest.

(4) A handgun or ammunition, the possession of which is

transferred to a juvenile in circumstances in which the transferor

is not in violation of this subsection shall not be subject to

permanent confiscation by the Government if its possession by the

juvenile subsequently becomes unlawful because of the conduct of the

juvenile, but shall be returned to the lawful owner when such

handgun or ammunition is no longer required by the


Government for the purposes of investigation or prosecution.

(5) For purposes of this subsection, the term ``juvenile'' means

a person who is less than 18 years of age.
 
I sit corrected.

As a licensee, I cannot transfer a handgun to a person under 21, but he or she may possess same.

Sorry.

Regards,

Walt
 
(B) ammunition that is suitable for use only in a handgun.
Fun fact:

It's commonly understood that it's illegal to sell "handgun ammunition" to anyone under 21, but the Federal Law actually reads "...ammunition suitable for use only in a handgun."

For example, .22LR is a common caliber for both handguns and rifles.

Since they also make .40 S&W rifles, I walk into Wal-Mart twice a month with a printed picture of either a Beretta Storm, or a Ruger PC4 carbine, and argue with them until they lower the age and sell me the ammo.

Clerk: "...how do I know that you're REALLY gonna use this for a rifle?"

Me: "Well I can go ahead and bring it into the store, if you like, I'm sure THAT would make your customers real comfortable, or would you just prefer to clock out and go to the range with me instead?"

Clerk: "Alright, alright..."

I really do mean to buy one of those guns someday...if I can ever stop changing my mind and using the ammo in my Glock as soon as I leave the store.
 
A guy on northeastshooters.com posted a link from Pro-Gun NH's website which said that as of 2004, the state dept. ruled that a non-res CCW permit from another state qualified an applicant to receive a NH non-res CCW permit.
A minor correction here, to give credit where credit is due - Rep. Bicknell, while president of Gun Owners of New Hampshire, had a seat on the Joint Legislative Committee on Administrative Rules. Working with other pro-gun representatives on that committee, a change to the administrative rules was put through to remove the "home state" carry license requirement for issuance of a non-resident New Hampshire license.

This was done only a couple of years ago. Bick has since moved to Arizona, but if you want to express your appreciation, send him a note - redryder@tabletoptelephone.com.

In your research, did you find other states where this technique would be needed and work?
 
purpose of a nonresident CCW

While I like the idea of beating the state of NC with their own laws I would question a bit the actual purpose of the interpretation by NH to issue of a nonresident CCW.

I would expect NH issues a nonresident CCW to a person who is not a resident on NH for the purpose of allowing that person to carry in NH. I do not believe NH can issue a nonresident a CCW for any other purpose as they can not do anything that would be contrary to a state law in another jurisdiction: i.e. issue a permit that allows a nonresident of NH to carry in another state. NH can not simply say here you go now you can carry anywhere in the country as that would be beyond states rights.

Overall I do believe this could become a very interesting issue to be pursued. However I'd hope the party involved would wait until he is over 21 before he would challange NC on the issue.
 
I would expect NH issues a nonresident CCW to a person who is not a resident on NH for the purpose of allowing that person to carry in NH. I do not believe NH can issue a nonresident a CCW for any other purpose as they can not do anything that would be contrary to a state law in another jurisdiction: i.e. issue a permit that allows a nonresident of NH to carry in another state. NH can not simply say here you go now you can carry anywhere in the country as that would be beyond states rights.
Other states choose in what manner they honor non-resident CCW licenses issued by other states. North Carolina chooses to honor New Hampshire CCW licenses of both residents and non-residents of New Hampshire regardless of the state of residence of the person to whom the license is issued, and that's no skin off of New Hampshire's nose.

If non-resident licenses were only honored in the state in which they were issued, it would radically reduce the ability of law-abiding individuals to carry defensive arms in states throughout the country.
 
Other states choose in what manner they honor non-resident CCW licenses issued by other states. North Carolina chooses to honor New Hampshire CCW licenses of both residents and non-residents of New Hampshire regardless of the state of residence of the person to whom the license is issued, and that's no skin off of New Hampshire's nose.


+1
Michigan does that, they honor a Florida permit, but only if you're a Florida resident. If you're an IL resident with a FL permit, it's not worth the plastic they printed it on in MI.
 
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