If convicted, felonies carry potentially life-long personal and professional consequences, including impacting how and where they can look for employment, housing, or financial support. And that is just the beginning. A gun crime conviction in North Carolina can also lead to severe legal penalties, including jail time, fines, and carrying restrictions going forward.
If you have been charged with a gun crime, you have the Constitutional right to be deemed innocent until proven guilty. We want to help ensure that right – and all your rights – are protected from the beginning of your case through its completion.
Contact us today to learn more.
What are the Gun Laws in North Carolina?
At the David W. Martin Law Group, our North Carolina gun crime defense attorneys know that our state’s progressive gun laws often lead to some confusion about who can carry a firearm, how they can carry it, and when firearms are prohibited entirely.
Here is what North Carolina residents need to know about their rights to purchase and carry firearms:
- North Carolina residents may purchase a “long gun” like a rifle or shotgun privately or from a dealer without a background check or permit once they are 18 years old.
- North Carolina residents must pass a thorough background check to purchase a gun from a dealer, which may be executed by the county sheriff’s office or the establishment where the purchase is taking place.
North Carolina allows lawful gun owners to openly carry firearms in public without a permit if they are visible.
However, even open-carry rights have restrictions, including off-limit areas like:
- Government and law enforcement buildings
- School campuses
- State fairs
- Establishments serving alcohol
- Businesses with “No Weapons” signs
North Carolina residents may also be issued a concealed carry permit, if they meet the basic state law requirements, which include:
- S. citizen or lawful permanent resident alien
- At least 21 years old
- Lived in North Carolina for at least 30 days
- Filed the application in the county of residence
- Completed a minimum eight-hour training course
- Not have a mental or physical disability that prevents safe handling of a firearm
- Not have been convicted of a felony or other specific crimes within three years prior to the application date
If you were arrested on a gun charge and believe your rights were violated, contact our skilled North Carolina gun crime defense attorneys today to learn more about your charges, and how we can help mitigate the consequences.
Do I Have to Tell Law Enforcement I Am Carrying a Gun in North Carolina?
If a police officer stops you to approach official law enforcement business, you must inform him or her that you have a gun in your possession. You must also present a valid permit if you are concealing the weapon.
Keep in mind that when law enforcement finds a gun on your person or property, which could include inside your vehicle out of plain sight, it will incite a level of tension where they believe their safety is in danger, which can place your safety in danger.
Always report that there is a gun in your possession, and never reach for it during a traffic stop or other interaction with law enforcement. If you are arrested because of its possession, contact our skilled gun crime attorneys in North Carolina for help.
What are the Most Common Types of North Carolina Gun Crime Offenses?
Even with North Carolina’s progressive gun laws, minimum and maximum penalties for gun crimes may increase or decrease based on aggravating or mitigating factors in your case, the level of offense, and your criminal history.
Some of the most common types of gun crime offenses in North Carolina include, but are not limited to:
Unlawful Possession of a Firearm in North Carolina may result from the individual who was charged carrying a gun while:
- Without the proper concealed carry permit
- Prohibited from possessing handguns due to a previous felony conviction, domestic violence conviction, or current restraining order
- Entering a prohibited space, including airports or municipal properties
Unlawful Discharge of a Firearm, either willfully or wantonly discharging or attempting to discharge a firearm is a felony when it occurs:
- Within city limits
- From within a building, structure, or vehicle toward another person or group outside the enclosure
- As part of criminal gang activity
Larceny with a Firearm involves stealing property using a firearm in North Carolina, regardless of the property’s value, the crime will be charged as a felony.
Assault with a Deadly Weapon — causing serious injuries — with or without the intent to kill will lead to felony charges, which will be assessed based on intent.
While this is not an exhaustive list of gun crimes in North Carolina, our experienced skilled gun crimes attorneys will explain each aspect of your unique case in straightforward terms that allow you to make informed decisions about its direction and your future.
Contact Our Skilled Gun Crime Defense Attorneys in North Carolina Today
At the David W. Martin Law Group, our North Carolina gun crime defense attorneys are here to listen to the details that led to your arrest and charges, so we can outline all potential legal strategies that will allow you to take back control of your life today.