Gun Charges: What You Need to Know

North Carolina’s gun regulations permit concealed gun ownership and open carry under specific circumstances. However, your firearm rights hinge on factors such as your location, role, and the type of guns you possess. Even though North Carolina does not have specific state-level restrictions on assault weapons or large-capacity magazines, federal regulations still apply to these items. (1)

Moreover, in certain areas, open carry of a deadly weapon is also permissible. However, it’s not difficult to find yourself facing gun charges for illegal possession of a firearm. Let’s explore our state’s gun laws and see how to defend yourself against charges of unlawful possession of a firearm.

Gun Laws In North Carolina

It’s essential to note that there are situations where carrying a gun is illegal based on your location and the presence of specific signage.

Additionally, some counties may have their own regulations concerning open carry in public areas such as roads, sidewalks, alleys, or other public property.

Other area’s local laws make open carry illegal in: 

• Public-owned buildings
• On the grounds or parking areas of those buildings
• In public parks or recreation areas (Any person who has a concealed handgun permit may carry a concealed handgun on the grounds or waters of a park within the State Parks System as defined in G.S. 143B-135.44(18)
• Educational Facilities and Grounds (unless locked in your car)
• State Capitol grounds (always illegal)

But what happens when law enforcement finds you breaking gun laws? Next, let’s see what gun crimes can look like and how to defend yourself against gun-related charges.

Unlawful Possession of a Handgun

Many places allow concealed carry, but paying attention to the law in this area is crucial to avoid gun charges. Even if you have a concealed carry permit, in North Carolina, you cannot legally carry a concealed handgun in these places:

• Law enforcement or correctional facilities such as a prison
• State and federal courthouses
• Schools or on school grounds unless it’s in a locked car or in a locked container securely fixed to the person’s vehicle
• In areas of assemblies or demonstrations
• Where concealed handguns are prohibited by federal law
• In any restricted area, such as a place of business that has posted a sign banning concealed weapons on its premises
• By any person while consuming alcohol or while under the influence of alcohol or any controlled substances (unless obtained legally and taken as directed by a physician)
• Where alcoholic beverages are sold and consumed if posted as illegal
• Private healthcare facilities
• Posted property (This may sometimes only be a trespassing charge)
• State-owned rest areas, if posted as illegal
• Posted local government recreational facilities

For example, let’s say you have a concealed carry permit and meet friends for dinner with your gun tucked in your waistband. You have a few drinks with dinner and receive a DWI on the way home. Law enforcement can also lay weapons charges on you.

Gun Owners Who Cannot Legally Carry Concealed

Understanding the limitations of open and concealed carry is crucial for gun ownership and ensuring compliance with relevant regulations. You can face charges for carrying a gun if you are in one of the following groups of people:

• Ineligible to own, possess, or receive a firearm under State or Federal law.
• Under indictment or a finding of probable cause for a felony.
• A person convicted of a felony (except for felony for antitrust violations, unfair trade practices, or restraints of trade or if your firearms rights have been restored)
• Fugitive from justice
• Addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug
• Judged by a court as lacking mental capacity or mentally ill
• Discharged from the Armed Forces under other conditions than honorable.
• Judged guilty of or received a PJC or suspended sentence for 1+ crimes of violence

Because of a prior criminal record, residency restrictions, or failure to meet state requirements, those individuals listed above can face gun charges even if they do everything else according to the law.

If convicted of a nonviolent felony in North Carolina and 10 years have passed since you completed your sentence, you can file a petition to restore gun rights by expunging the conviction. Filing is done at the district court where you live. There are other situations where you can petition to have your gun rights restored after 20 years if you can’t expunge the conviction. A court may restore your firearms rights after a hearing in court. Talk with your criminal defense lawyer to fight for the restoration of your rights.

What If I’m Charged?

If faced with charges of possessing weapons, you have several viable defense options, including arguing the following:

• The object in question was not a firearm.
• The weapon was being used legitimately for activities such as hunting, farming, trading, or selling.
• You possessed the weapon for legitimate self-defense in response to a threat or attack rather than intending to harm or intimidate others.

It’s crucial to remember that being charged with a weapons crime can lead to a Class 2 misdemeanor conviction, which can have long-lasting repercussions on your record. For misdemeanor offenses, you can expect to spend a mandatory minimum sentence of 1-120 days in jail and incur a fine of $1,000.

However, if you are convicted of a felony gun offense, you can expect a longer sentence depending on the class of felony. A Class I felony may mean as little as 4 months in jail, while a Class D Felony could bring you 128 months.

Seeking legal counsel is highly advisable to safeguard your rights and present a strong defense.

In North Carolina, violent crimes cannot be expunged, meaning your criminal record remains permanent. The implications of having a permanent record can be significant, potentially hindering your ability to secure home or auto loans and negatively affecting your reputation during job interviews or in future relationships. It’s vital to be aware of these consequences.

Examples of Gun Crimes in NC

Carrying a Concealed Weapon Without a Permit

Possessing a concealed firearm without the proper permit or license can lead to misdemeanor charges.

Carrying a Loaded Firearm in Prohibited Areas

Carrying a loaded firearm in restricted areas, such as schools, government buildings, or certain public places, without authorization can result in misdemeanor charges.

Possession of Certain Firearms by Prohibited Persons

If prohibited from owning firearms, such as a convicted felon or someone with certain mental health conditions, is found in possession of a firearm, they may face misdemeanor charges.

Brandishing a Firearm

Waving or displaying a firearm in an angry or threatening manner, even without the intent to use it, can lead to misdemeanor charges.

Reckless Discharge of a Firearm

Firing a gun in a reckless or negligent manner, potentially endangering others, may result in misdemeanor charges.

Possession of a Stolen Firearm

Being found in possession of a firearm that is known to be stolen can lead to misdemeanor charges.

Unlawful Transfer of a Firearm

Illegally selling, lending, or otherwise transferring or possessing a firearm without following the proper legal procedures can lead to misdemeanor charges.

Possession of a Firearm with an Altered Serial Number

Altering or removing the serial number on a firearm is illegal and may result in a misdemeanor gun charge.

Possession of Certain Restricted Firearms or Accessories

In some areas, possession of specific types of firearms or illegal firearm accessories that are prohibited or heavily regulated can result in misdemeanor charges.

Your Defense Matters: We Can Help

Talk with us at Scharff Law if you face criminal charges for a gun crime. Securing a strong and well-prepared defense attorney is crucial to the outcome of your case. A conviction can significantly impact your future.

Our experienced criminal defense attorneys can craft a comprehensive defense strategy tailored to your situation. We will thoroughly investigate the evidence, challenge any procedural errors, and protect your rights throughout the legal process.

With our skilled defense team by your side, increase your chances of achieving a favorable outcome and safeguarding your future. Engaging legal representation as early as possible is crucial in building a robust defense.

Get in touch with us at Scharff Law for a free initial consultation. Whether you face felony charges and another underlying offense or a misdemeanor weapons charge, we ensure your best outcome!