North Carolina is one of the most strict states when it comes to laws regarding firearms due to the severity of the consequences that could potentially occur. Although all United States citizens assume they are permitted to "bear arms" or own a gun pursuant to the Constitution, that is not always the case. It is extremely important to know your rights when it comes to the possession and use of firearms in North Carolina. Firearms charges are especially hard to navigate in the judicial system and you should retain an experienced criminal defense attorney to assist in the process. Hall & Dixon criminal defense attorneys are here for you should you ever find yourself in some trouble.
Who CANNOT Purchase a Firearm?
North Carolina law states that, subject to certain limited exceptions, no person may possess a firearm if she has been convicted, acquitted by reason of insanity, or determined to lack capacity for: (1) any felony in North Carolina (with some exceptions); (2) any violation, punishable by more than one year imprisonment; or (3) a misdemeanor assault by pointing a gun. N.C. Gen. Stat. §14-415.11
Further, no person may own or possess a firearms if prohibited from doing so bu a judge as part of a domestic violence order in effect against said person. N.C. Gen. Stat. § 14-269.8
Next, no person may purchase a handgun without a permit to purchase a handgun or a concealed handgun permit. N.C. Gen. Stat. § 14-402
Carrying a Concealed Weapon
Pursuant to N.C. Gen. Stat. § 14-269a, it is unlawful for any person to intentionally carry a concealed weapon, except when the person is on his or her own property. A concealed weapon can be any of the following: bowie knife, dagger, stun gun, brass knuckles, and any other deadly weapon. This statute does NOT include a firearm.
The statute that applied to firearms is N.C. Gen. Stat. § 14-269(a1) and it states that it is unlawful for any person to intentionally carry concealed a gun or pistol, except if the person is on his or her own premises; the weapon is a handgun and the person has a validly issued and unexpired concealed handgun permit; and the weapon is a handgun and the person is in a military permittee. Both statutes offer as punishment a Class 2 Misdemeanor on the first offense and a Class H Felony for second time offenders.
Possession of Firearm by Felon
As previously stated, it is illegal for any person who haas been convicted of a felony to purchase or own a firearm. Please find more information about this charge on our blog.
If you or a loved one have been charged with a firearms charge, it is important to find an experienced attorney in weapon charges as the consequences are potentially extremely severe. The criminal defense attorneys at Hall & Dixon are well-versed in weapon charges and are ready to fight against your charge. Call the criminal defense attorneys of Hall & Dixon today for a FREE consultation! Simply call or text 704-993-6825.