While some states have legalized the concealed carrying of weapons, the unlawful concealment of a firearm is still illegal in North Carolina. North Carolina’s open carry laws include state parks, hunting grounds, and participating restaurants. However, there are many places where a person cannot carry a concealed weapon.
If you’ve been charged with carrying a concealed weapon without a permit or with a permit in a prohibited location, you could face fines and jail time. The experienced criminal defense attorneys at Greene Wilson Crow & Smith are prepared to provide you with a robust criminal defense. We have an in-depth understanding of North Carolina firearm laws and will develop a strategy for legal defense tailored to the facts in your unique case.
Unlawfully Carrying a Concealed Firearm in North Carolina
Although the federal government has numerous laws related to firearms, specific firearm laws are left up to individual states. Consequently, North Carolina has the right to make unique laws regarding gun possession. While North Carolina is generally considered more firearm-friendly, there are important restrictions on who can lawfully carry a firearm and where they can carry it.
When a person is 18 years or older and has no prior felony convictions, they can own and openly carry a firearm without a permit in North Carolina. However, the gun owner still needs to obtain a permit or license from their local sheriff to conceal and carry a handgun legally.
Under North Carolina law, the concealment of a firearm is defined as knowingly carrying a gun on or about your person in a manner that’s not outrightly visible to other people. Specifically, concealing a weapon without a legal permit, carrying a gun in prohibited areas, and transporting unlicensed firearms in a vehicle you own or occupy are considered illegal actions in North Carolina.
Carrying a Firearm in a Prohibited Location
Even if you have a concealed handgun permit, there are some locations in which carrying a firearm is prohibited. Except a small number of qualified government employees and security guards, individuals are prohibited from carrying a firearm, whether concealed or openly, in the following locations in North Carolina:
- A law enforcement or correctional facility
- Educational facilities
- State or federal offices or buildings
- Private property when the owner of the property posts clear notice stating that carrying a concealed handgun is prohibited
- Any picket line or demonstration in a private health care facility or a public place
- Any other place where carrying a concealed firearm is prohibited under federal law
Individuals can keep a firearm locked in their vehicle on the grounds of educational facilities and state and federal buildings as offices. North Carolina also prohibits individuals who do not have concealed handgun permits from carrying firearms into any parade, funeral procession, or assembly where an admission fee has been charged or where alcoholic beverages are sold and consumed.
The Penalties for Unlawfully Carrying a Concealed Weapon in North Carolina
Penalties for unlawfully carrying a concealed weapon can be severe, ranging from misdemeanor to felony-level charges. A first-time offense is typically a Class 1 misdemeanor, which can result in jail time, fines, or both. Subsequent violations can lead to more serious charges, making it essential to have a strong legal defense.
If you’ve already been convicted of a Class 1 illegal gun concealment misdemeanor charge, you may be charged with a more serious Class 6 felony carrying a hefty fine, up to 5 years of jail time, or both. Third or subsequent unlawful firearm concealment violations will likely be charged as a Class 5 felony, which carries the penalty of up to 10 years of imprisonment.
The Importance of Hiring a Criminal Defense Attorney
Whether you’re convicted of a misdemeanor or felony-level firearm charge, the consequences can be severe. A permanent criminal record could limit your employment options, hinder your financial and housing prospects, and affect your education. This is a serious matter that requires immediate attention.
Taking the charges against you seriously and hiring a criminal defense attorney as soon as possible can help you fight to keep your record clean and avoid the ongoing penalties and stigma of having a criminal record.
Legal Defenses to Unlawful Concealment of a Firearm
A person cannot be convicted of the unlawful concealment of a firearm when the facts of their case qualify as an exception to the general rule. For example, a gun cannot be considered unlawfully concealed when a licensed individual possesses the gun. Similarly, if an individual had a firearm in a belt holster when it’s substantially visible to others, they cannot be convicted of unlawfully concealing a weapon. Placing a gun inside a car compartment isn’t considered unlawful concealment, nor is carrying a weapon to engage in hunting lawfully.
You may be exempt under North Carolina’s concealed carry law or be considered a constitutional carry resident. When you work with Greene Wilson Crow & Smith, We will carefully examine the facts of your case and work hard to develop an effective legal defense strategy.
Rest assured, we will explore every possible defense strategy to protect your rights and your future. Your case’s most advantageous legal strategy will depend on the circumstances leading to your arrest. We will pursue a dismissal of the charges against you by gathering evidence showing the prosecution can’t prove every element of the crime of carrying a concealed weapon.
Contact a Criminal Defense Attorney in North Carolina
Have you been charged with unlawfully carrying a concealed weapon or carrying a firearm in a prohibited location? You’ll benefit from hiring an experienced criminal defense attorney as soon as possible. Contact Greene Wilson Crow & Smith to speak to an experienced criminal defense attorney. We represent clients in New Bern and throughout North Carolina.