The following response is for general information purposes and is not to be construed as legal advice.
I have provided a portion of the carrying concealed weapons statute for North Carolina below. The short answer to your questions is yes, you can be charged with carrying a concealed weapon; however, I am not sure that if you were sleeping and depending on where exactly the gun was placed in the vehicle, that the "willfully and intentionally" element of the statute is satisfied. An attorney that is familiar with the policies with regard to this charge in the county in which you are charged may be able to point out the weaknesses of the case against you in order to work out a plea arrangement or informal dismissal arrangement of some sort. The exact facts and circumstances of the situation will be pertinent to that attorney in determining the best resolution of the matter. Unfortunately, going back to you original question, an officer would likely have passed the threshold of probable cause to charge you and likely arrest you for the charge of carrying a concealed weapon. It will all come down to whether it will stick.
§ 14¿269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.
(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances:
(1) The person is on the person's own premises.
(2) The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14¿415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14¿415.11(c).
(3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14¿415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14¿415.11(a).
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(b1) It is a defense to a prosecution under this section that:
(1) The weapon was not a firearm;
(2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;
(3) The defendant possessed the weapon for that legitimate use; and
(4) The defendant did not use or attempt to use the weapon for an illegal purpose.
The burden of proving this defense is on the defendant.
(PORTION OF STATUTE OMITTED - SEE FULL STATUTE HERE)
(c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.
Answered on Mar 21st, 2012 at 4:02 PM