Illegal Possession of Firearm Charge: Defense Tactics

In the United States, gun ownership is a deeply ingrained aspect of the nation’s culture and history. North Carolina, known for its rich heritage and diverse population, has firearm laws and regulations. But you may wonder how they work. For example, is “illegal possession of a firearm” charge a felony in North Carolina?

Let’s break down the possible consequences of violating firearm laws. If you’re facing charges, you need to understand how gun charges work and how to defend yourself for the best outcome.

NAVIGATING CONCEALED CARRY LAWS IN NORTH CAROLINA

Open carry is defined as keeping your firearm or other weapon in open plain view. If you legally own a handgun, open carry is legal in North Carolina without a permit. 

However, if signs posted declare you may not carry open or concealed weapons, you can face charges for doing so anyway. North Carolina’s open carry does not require private property owners, such as stores or other areas, to allow guns on the premises.

In our state, you can concealed carry with a permit, but it’s essential to stay well informed about local laws to steer clear of potential criminal charges.

If you DON’T have a concealed carry permit, you may not carry a handgun or other deadly weapons as a concealed weapon except as an open carry. You can only carry concealed on your own property. 

To conceal carry without a permit is a Class 2 misdemeanor for the first offense and a Class H felony for a second or subsequent offense. Class 2 misdemeanors can bring up to 2 months in jail. A Class H felony, 25 months! (1)

Convicted felons may not carry weapons. Doing so can bring Class G felony charges with up to 31 months in prison. However, if the state expunged or pardoned the felony or restored your firearms rights, you may carry guns according to NC law.

An excellent attorney can explore how your charges could be invalid. It’s possible to avoid a convicted felony punishable by time in prison with the right defense. Creating reasonable doubt that law enforcement had the right to search you is often a way to avoid a conviction. 

Weapons Illegal to Carry Concealed

The below weapons are always illegal to concealed carry and include:

• Bowie knife
• Dirk
• Dagger
• Slung shot
• Loaded cane
• Metallic knuckles
• Razor
• Shuriken
• Stun gun
• Other deadly weapon

Even with a permit, you can’t carry the above-listed weapons concealed on your person. You may only carry a concealed handgun, ammunition, and your permit in certain places. Possession of a firearm is legal only in specific areas. However, a small and simple pocket knife is okay to carry concealed without a permit.

ILLEGAL CARRY OF FIREARMS

Even if you have a concealed carry permit, you must adhere to the law fully. In North Carolina, possessing a concealed carry permit doesn’t grant a free pass to carry a concealed handgun anywhere you want.

There are specific places where carrying a concealed firearm is strictly prohibited, and failure to abide by these regulations can result in a criminal conviction.

Let’s examine some other provisions of the areas where there are restrictions on concealed carry in North Carolina:

• Law enforcement or correctional facilities: includes prisons, state, and federal courthouses where concealed handguns are off-limits.
• Schools and school grounds: Unless properly secured in a locked motor vehicle or a locked container fixed to the vehicle, carrying a concealed handgun on school premises is illegal.
• Areas of assemblies or demonstrations: Concealed firearms are illegal in places with public gatherings or demonstrations happening.
• Federal law prohibition: Certain areas are off-limits for concealed carry due to federal law jurisdiction restrictions.
• Businesses with “No Weapons” signs: Private establishments, such as businesses, can ban concealed weapons on their premises by posting appropriate signs.
• Alcohol consumption and controlled substances: Carrying a concealed handgun while consuming alcohol or under the influence of controlled substances, unless legally prescribed, is illegal.
• Venues selling alcohol: It is illegal to carry concealed firearms in places where alcoholic beverages are sold and consumed if there are specific prohibitory signs.
• Private healthcare facilities: Healthcare facilities with restrictions against weapons 
• Posted property: If a property posts “No Trespassing” signs, carrying a concealed firearm there can lead to legal trouble.

HOW YOU CAN RUN INTO TROUBLE

To illustrate the potential consequences, consider the following example: Imagine you have a valid concealed carry permit. You go to a bar where you drink alcoholic beverages and pop a Xanax that a friend gives you. Your handgun doesn’t go in the bar with you, so you think all is well.

However, you place your loaded firearm under your seat when you hop back in your car. As you drive, law enforcement sees you weaving and pulls you over. Even though you blow a .06, which is under the legal limit, you can face weapons charges for being under the influence of an illegal drug.

Since you took Xanax without a prescription, law enforcement could charge you with violating concealed carry regulations and for the separate offense of DWI. 

If convicted, you can struggle with many potential consequences.

Penalties and Consequences of Illegal Weapons Charges

• Jail time or other penalty provided by a judge
• Court fees
• Prison sentences up to five years
• Loss of a license to practice law, medicine, or other professional career
• Probation periods
• Court fines
• Difficulty finding jobs once released
• Difficulty in personal relationships or as a volunteer (Others can see your history online)

Being mindful of concealed carry laws and understanding where it is a violation is essential for responsible gun ownership. Ignorance of these restrictions is not an excuse, and staying informed about local regulations is crucial to avoid running afoul of the law.

The prosecution will not worry whether you understood the law when getting your concealed carry permit. They also won’t care about your circumstances at the time.

As a person with a concealed carry charge, you need a good defense attorney if you face a potential conviction.

Next, let’s look at some of the possible defenses that can help you if law enforcement catches you with illegal possession of a firearm or other weapon.

FACING CHARGES OF UNLAWFUL POSSESSION OF A FIREARM

Facing charges of unlawful possession of a firearm can have severe consequences, potentially leading to hefty fines, imprisonment, and a permanent criminal record. However, if you find yourself in this challenging situation, it’s essential to remember that you have the right to defend yourself in a court of law.

In North Carolina, there are various defenses that, when appropriately applied, can help protect your rights and potentially lead to a favorable outcome. Here are ten defenses that could work in an NC court against charges of unlawful possession of a firearm:

Lawful Possession: 

Demonstrating that you had legal ownership or possession of the firearm can be a strong defense. For example, providing documentation of purchase or a valid permit for concealed carry could help establish your lawful possession.

Lack of Knowledge: 

Proving that you were unaware of the firearm’s presence could work in your favor. If someone else left the weapon in your vehicle or property without your knowledge, a court may not hold you responsible for its possession.

Invalid Search and Seizure: 

Challenging the legality of how law enforcement found the firearm is a common defense. If law enforcement violated your Fourth Amendment rights by conducting an illegal search and seizure, any evidence during the search might be inadmissible in court.

Mistaken Identity: 

If there is evidence suggesting that the firearm belonged to someone else and law enforcement mistakes you for the owner, this can be a valid defense against the charges.

Unlawful Police Conduct: 

Providing evidence of police misconduct, such as planting evidence or coercing a confession, can lead to a court order for the dismissal of the charges.

Self-Defense: 

If you can demonstrate that the firearm was in your possession solely for self-defense purposes and you had a reasonable belief that your life was in danger, you might have a valid defense.

Intentional Frame-up: 

If you can provide evidence that someone deliberately planted the firearm in your possession to incriminate you, it could help undermine the credibility of the prosecution’s case.

Expired or Incomplete Background Check: 

If there was an error or oversight in the background check during the firearm purchase process, it could raise doubts about the legitimacy of the charges.

Invalid Search Warrant: 

If law enforcement used an improperly executed search warrant to discover the firearm or if they lacked probable cause, this could lead to suppression of the evidence against you.

Entrapment: 

If law enforcement induced or coerced you into possessing the firearm, this could be entrapment, which may lead to the dismissal of charges.

DEFENSES SPECIFICALLY NAMED IN NC LAW FOR UNLAWFUL POSSESSION OF A FIREARM CHARGES

In North Carolina, the law recognizes specific defenses to contest charges of unlawful firearm possession. If you face such charges, these defenses, as outlined in the state’s statutes, may offer a legal avenue to challenge the allegations and protect your rights.

Here are the defenses specific to NC law for unlawful possession of firearm charges:

The weapon was not a firearm:

If the item in question does not meet the legal definition of a firearm, it can serve as a defense against charges of unlawful firearm possession. State law provides a precise definition of what constitutes a firearm, and if the item does not meet these criteria, it cannot be the basis for prosecution.

Engaged in, or on the way to or from, a legitimate activity:

If the defendant can establish that they were in a lawful activity, and the possession of the weapon was necessary or related to that activity, it can serve as a valid defense. For example, carrying a firearm for self-defense while lawfully camping or participating in target shooting would be legitimate uses.

Possession for legitimate use and no illegal purpose:

This defense applies if the defendant can prove that they possessed the firearm solely for the intent of a lawful purpose and did not intend to use it for illegal activities. For instance, carrying a firearm for personal protection and not using it to commit a crime would qualify such a person for this defense.

The deadly weapon is a handgun: 

This defense pertains specifically to cases where the deadly weapon is a handgun. Depending on the circumstances, state law may have different provisions for handguns, and being aware of these distinctions is vital in building a defense.

Person is a military permittee: 

Members of the military who possess firearms as part of their official duties or have obtained a valid permit from the military may be exempt from certain firearm restrictions under state law.

Person provides proof of deployment: 

If the defendant is on active military duty and can provide evidence of deployment, they may rely on certain exemptions or considerations related to firearm possession.

It is important to note that the effectiveness of these defenses depends on the specific details of each case and the quality of evidence presented in court.

If you face charges of unlawful firearm possession, consulting with an experienced attorney is essential. They can help assess the circumstances, identify the most appropriate defense strategies, and guide you through the legal process, ensuring you receive a fair trial.

Facing charges weapons violation charges can be daunting, but exercising your right to a fair trial and mounting a robust defense can make a significant difference in the outcome of your case.

CONTACT A CRIMINAL DEFENSE ATTORNEY AT SCHARFF LAW FOR YOUR BEST OUTCOME

If you are facing charges related to unlawful possession of a firearm in North Carolina, don’t hesitate to seek the expert guidance of a skilled criminal defense attorney at Scharff Law.

At Scharff Law, we understand the gravity of your situation and safeguard your rights while securing your best possible outcome. Our goal is to provide you with personalized and effective legal representation, ensuring you receive the fair treatment and representation you deserve.

Let our experienced team build a solid defense to challenge the prosecution during your hearing. Contact us today for a free consultation to discuss your case.