Weapon Charges

Residents of North Carolina can open or conceal carry a gun under certain circumstances. North Carolina residents with a felony criminal record cannot possess guns in North Carolina. Additionally, those who do not have the correct license may not carry a firearm. The charge of possession of a firearm is a serious offense. North Carolina gun crimes include unlawful possession, illegal transfer and transportation, and using firearms during a crime.

In some cases, defendants in gun crimes cases do not even know that they have committed a crime. Simply carrying a gun into the wrong location can result in federal gun charges. Depending on the gun crime, the defendant can spend between one day and 128 months in jail. If you are facing a gun crime in North Carolina, speaking to a skilled criminal defense lawyer is essential. Contact the gun crime lawyers at Arnold & Smith, PLLC to schedule your free initial consultation.

Under North Carolina law, certain people cannot legally purchase or possess a firearm. Convicted felons and any person subject to a protective order cannot be in possession of a gun. The following people are prohibited from possessing a gun or other weapon :

• Children under the age of 18 are not allowed to intentionally possess a handgun. Those under the age of 18 who do possess a handgun face Class 1 misdemeanor charges. Children who are hunting with their parent’s permission outside the city or engaging in recreational activities with parental permission are exempt.
• Allowing children under age 12 to access a firearm without adult supervision is a Class 2 misdemeanor in North Carolina.
• When convicted felons attempt to buy a bomb, firearm, or weapon of mass destruction face a Class G felony charge in North Carolina.
• Individuals who are subject to a domestic violence protective order face Class H felony charges for buying or possessing a firearm or firearm ammunition.
• Owning a gun after conviction of domestic violence misdemeanors is also a crime in North Carolina.
• Carrying a concealed handgun while under the influence of a controlled substance or alcohol is a Class 2 misdemeanor, even if you have a valid concealed carry permit.

North Carolina residents may also be charged with the illegal use of a weapon. Pointing a gun at another person is a Class A1 misdemeanor. Discharging a firearm into a property that is occupied by other people is a Class E felony. Finally, assault with a deadly weapon can be a Class E or Class C felony, depending on the actual injury and intent of the defendant.

Carrying a weapon into unauthorized places is usually a Class 1 misdemeanor. However, if the defendant has a concealed carry permit, the charge will be a Class 2 misdemeanor. Carrying a gun onto a school or other educational property can be a Class 1 felony in North Carolina. When a person discharges a firearm in an educational facility, he or she faces a Class F felony. North Carolina residents cannot bring a gun or other dangerous weapon onto the following locations:

• School property, to include public or private schools, colleges, school buses, and universities, or at activities sponsored by schools
• Funeral processions, parades, picket lines, and demonstrations
• Any place at which alcohol is sold or consumed, or assemblies that charge admission
• Private property that has a notice prohibiting concealed handguns
• Government property, courthouses, correctional, or law enforcement facilities

Even if you have a concealed handgun permit, you may still not be able to carry a concealed handgun to the locations mentioned above. Some exceptions exist for law enforcement officers, military personnel, and security guards.

No matter what type of gun crime charge you are facing, our lawyers can help. We have an in-depth understanding of the criminal justice system in North Carolina. Our experienced Charlotte gun crime lawyers review the circumstances of your case. Many times, prosecutors bring firearms charges in addition to other criminal charges.

We will analyze the circumstances of your case in order to come up with the best legal defense possible. Sometimes that defense might include proving that you were not in possession of a gun, or that you purchased a gun from a legitimate firearms owner. Contact Arnold & Smith, PLLC as soon as possible to schedule your free initial consultation. Call our lawyers at (704) 370-2828 to evaluate your options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.