Are you facing a weapons charge in North Carolina? You need to contact a qualified criminal defense attorney.
The United States Constitution guarantees us the right to bear arms. However, North Carolina state and federal laws regulate the possession, purchase, sale and distribution of firearms. If you are a felon, illegal alien, or subject to a domestic violence restraining order your right to bear arms is prohibited. This means under federal and, in some cases state law, you cannot possess firearms.
Violation of a weapons law can be a very serious crimes with serious penalties to match it. Depending on your case, you could be facing a mandatory minimum sentence of up to fifteen years to life in prison. Nearly all weapons offenses are felonies. In addition, if you have committed other types of crimes with the use of a gun or deadly weapon, you risk aggravated penalties for those offenses. That can increase your prison time.
Carrying a Concealed Weapon
§ NCGS 14-269 states you must have a concealed firearm permit to carry a concealed weapon. In addition to firearms, other concealed weapons include, but are not limited to stun guns, brass knuckles, and bowie knives.
Carrying a concealed weapon without a proper permit is a Class 2 misdemeanor punishable by 30 days to 6 months in jail. If this is your second offense and the weapon in question is a firearm, the charge is elevated to a Class 1 misdemeanor punishable by up to 1 year in jail.
Possessing a Weapon on any School Property
The same statute, § NCGS 14-269, asserts that possession of any weapon on school property could become a felony charge. Charges can range from a Class 1 misdemeanor to a Class 1 felony, with prison time. School property can be defined as any school campus, building or event. This applies to elementary level schools through college institutions.
Carrying Weapons Into Establishments Where Alcohol is Sold
§ NCGS 14-269.3 states that it is against the law in the state of North Carolina to carry a firearm into a location that is charging for admission (i.e. concerts and other events) or any establishment where alcohol is being consumed and sold. If you are accused of carrying a concealed weapon into an establishment where alcohol is sold, you could be facing a Class 1 misdemeanor and up to one year in jail.
Use of a Firearm in Commission of a Felony or Drug Related Crime
The use of firearms when a felony or drug related offense has been committed elevate the classification of that offense. If you have been accused of using a firearm during a felony or drug related crime, your charges will vary depending on factors such as the circumstances of the offense.
Other State and Federal Weapons Offenses and Gun Charges include, but are not limited to:
- Felons or other prohibited persons in possession of a firearm
- Concealed weapon violations
- Illicit gun trafficking
- Purchase of a handgun without a permit
- Possession of a firearm in relation to a drug trafficking crime or crime of violence
- Possession of prohibited firearms such as machine guns or short-barreled rifles or shotguns
- Straw purchases of firearms
Jamie Vavonese of Vavonese Law Firm, PC in Raleigh, NC is skilled in working with clients who have been accused of a weapons offense in both state and federal courts. Contact Vavonese Law Firm today. Jamie will work with you to help you understand your rights, the charges against you and to build a strong defense for your case.