North Carolina Concealed Weapon Charges

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North Carolina is a “shall-issue” state, which means the sheriff will issue a concealed weapon permit to residents who meet certain qualifications. All applicants must be able to pass a criminal background check and complete an approved firearms safety course. Permits will be valid for a period of 5 years from the issue date.

In North Carolina it is legal to openly carry firearms in public unless specifically prohibited. State laws allow loaded handguns to be openly carried in a motor vehicle, but each county may regulate this.

North Carolina's Weapons Laws

North Carolina prohibits concealed weapon permit holders from carrying a firearm in the following areas:

  • All public and private schools, universities and any places where school-sponsored activities are taking place
  • All financial institutions
  • Any law enforcement or correctional facility
  • Any establishment where an admission fee is charged
  • All establishments where alcohol is consumed and sold
  • The State Capitol Building, Executive Mansion and the western residence of the governor, or on the grounds of any building housing the General Court of Justice
  • All state office buildings or anywhere state offices are located
  • All correctional facilities and law enforcement offices
  • Public events and demonstrations
  • Any place a riot or an emergency is taking place
  • Any place a notice has been posted prohibiting concealed handguns

It is also illegal to carry a concealed firearm while you are consuming alcohol.

North Carolina Concealed Weapons Violations

While the gun control laws in North Carolina are fairly liberal, there are still certain types of weapon violations that will be prosecuted by the district attorney’s office. The judge may impose a harsher sentence if you have prior criminal convictions.

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Class 2 misdemeanor

Permit holders who carry a concealed handgun without being in possession of the permit

Valid permit holders who fail to disclose to law enforcement that they are carrying a concealed handgun with a permit after being approached by an officer

Up to 30 days in jail

Class 1 misdemeanor

Any person who carries a concealed handgun with a permit into a place where concealed firearms are prohibited

Any person who carries or possesses either openly or concealed any BB gun, stun gun, air pistol, air rifle, bowie knife, dagger, slingshot, loaded cane, blackjack switchblade, metallic knuckles, razors, fireworks or any other sharp and pointed instrument

Up to 45 days in jail

Class I felony

Any person who carries or possesses either openly or concealed any type of firearm

Any person who aids a minor in carrying a firearm onto school property

From 4 to 12 months in prison.

The length of the prison term and the fine amount is at the discretion of the judge handling the case. The seriousness of the charge and the defendant’s criminal record will be taken into consideration.

Class H felony

Any person with a prior domestic violence conviction who buys a gun

From 8 to 36 months in prison.

The length of the prison term and the fine amount is at the discretion of the judge handling the case. The seriousness of the charge and the defendant’s criminal record will be taken into consideration.

Class G felony

Any person who carries or possesses either openly or concealed any dynamite cartridge, grenade, bomb, mine or powerful explosive onto educational property or where a school-sponsored activity is taking place

Any person who aids a minor in possessing or carrying either openly or concealed any dynamite cartridge, grenade, bomb, mine or powerful explosive onto educational property or where a school-sponsored activity is taking place

A convicted felon who purchases a gun

From 4 to 25 months in prison.

The length of the prison term and the fine amount is at the discretion of the judge handling the case. The seriousness of the charge and the defendant’s criminal record will be taken into consideration.

 

 

North Carolina Plea Options

Defendants who are charged with a crime basically have three plea options in North Carolina. These include:

  • Not Guilty—Once the person enters a plea of not guilty, the judge will set a date for the trial to begin.
  • Guilty—Pleading guilty will result in the judge handing down a sentence, usually immediately.
  • Alford Plea—The criminal defendant acknowledges the prosecution has sufficient evidence to obtain a conviction but does not actually admit guilt to the offense.

When to Consult a North Carolina Criminal Defense Attorney

The criminal courts tend to have full dockets and prosecutors may be wiling to offer a plea bargain. If you agree to plead guilty to a less serious offense, the prosecution doesn’t have to spend time with a lengthy criminal trial. You should get legal advice from a criminal defense attorney before you make any important decisions.  

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