Our Charlotte Gun Crimes Lawyers Mount an Aggressive Defense Against Firearm Charges
North Carolina strongly protects its citizens' right to own a gun. However, our laws are complicated, and you could unintentionally violate one of them. If you were charged with a gun offense in Mecklenburg County, our experienced gun crimes lawyers at Browning & Long, PLLC understand the worries you may have about the serious penalties you could face and the long-term consequences of having a permanent criminal record if convicted. We explore every avenue of defense to fight your charges and help get them dropped or reduced to a lesser offense and punishment.
4 Common Gun and Weapon Crimes You Could Be Charged With in North Carolina
While some offenses are misdemeanors, many can also be charged as a felony, which may result in a lengthy prison sentence and large fines. Here are some common weapons offenses our legal team sees our clients charged with in Charlotte and Mecklenburg County.
1. Carrying a Concealed Gun Violation
In North Carolina, you’re allowed to openly carry a gun without a permit if you’re at least 18 years old and have no felony convictions. However, the laws on how to carry your gun are complex, and you could inadvertently violate them.
You’re permitted to openly carry a gun in public, in your vehicle, at roadside stops, and at restaurants and stores that don’t have a "No Weapons" sign posted. However, you cannot openly carry a gun in many places, such as someone's residence, a store that sells alcohol, or a school.
To comply with this law, you must keep your gun completely visible, such as slung over your arm, in a holster outside your clothes, or carried in your hand. Unfortunately, you could easily violate this requirement if your weapon is at all hidden and be charged with a carry and conceal gun (CCG) violation under North Carolina General Statute § 14-269.
Additionally, if you’re openly carrying a firearm in your car, you’re also permitted to store it in a way that it’s not visible or accessible to a passenger in the vehicle, such as in a locked glove compartment, console, or truck.
Here are common ways you could violate concealed carry laws:
- You carry your gun in a pants or jacket pocket where it’s completely or partially hidden.
- You carry your gun in your motor vehicle under a seat, jacket, bag, or box where it’s partially or completely hidden.
- You store your gun in an unlocked glove compartment.
- You openly carry your gun somewhere where open carry isn’t permitted.
If you’re convicted of a CCG offense, you could face these penalties:
- First offense. This is charged as a Class 2 misdemeanor, with a possible sentence of a maximum of 60 days in jail and a fine.
- Second offense. You would be charged with a Class H felony if this is your second conviction. The judge could sentence you to up to 39 months in prison.
2. Carrying a Concealed Weapon Violation
At Browning & Long, PLLC, we also help clients who are charged with a carry and conceal weapon (CCW) offense. The same basic rules for openly carrying a gun also apply to other weapons under North Carolina General Statute § 14-269. Weapons are defined under this law to include the following:
- Bowie knife
- Dirk
- Dagger
- Slingshot
- Loaded cane
- Metallic knuckles
- Razor
- Shuriken
- Another type of deadly weapon
If convicted of a CCW crime, you could face the same punishments as for a CCG crime.
3. Carrying a Concealed Weapon With Permit Charges
You’re required to have a permit to carry a concealed weapon in North Carolina. If you have a valid permit, you can carry them while you conceal them. You also have the right to carry them openly, but you must comply with all the rules for openly carrying a firearm or other weapon.
There are two ways you could be charged with a gun crime when carrying a concealed weapon with a valid permit.
- If you’re stopped by the police, you’re required to immediately notify the officer that you have a concealed weapon and the associated permit. If you fail to comply with this requirement, you could be charged with an infraction. If convicted, there may be a $500 fine and a directive to surrender your gun permit.
- If you carry a concealed weapon while consuming alcohol. Unlike DUI, you could be convicted of this offense if you consume any alcohol and your blood alcohol content is only 0.01 percent. You would be charged with a CCG or CCW offense and face the same penalties as for other violations of these laws.
4. Carrying a Weapon at an Airport Charges
You could also be charged with committing a CCW crime for carrying a gun, another weapon, or ammunition at Charlotte Douglas International Airport. If you’re like many of our clients, you may have violated this law unintentionally and not remember you have a gun, weapon, or ammunition in your luggage. Even if your mistake was an honest one, you could be arrested if you did any of the following:
- Carried a gun, another weapon, or ammunition into a terminal, whether you’re a passenger or someone dropping off or picking up a passenger
- Have a firearm, other weapon, or ammunition in carry-on luggage
- Stowed a gun, other weapon, or ammunition in checked-in luggage unless stringent requirements are met
In Mecklenburg County, these offenses are charged as a CCW crime with the same potential penalties as other CCW offenses. In addition, under federal law, you could be assessed a civil fine of a few thousand dollars up to $10,000. You wouldn’t be permitted to fly until you paid the fine.
Other Common Gun Crimes Charges You Could Face
You could be accused of committing many other crimes involving firearms in North Carolina, including:
- Possession of a gun by a felon. You could be charged with a Class H felony if you were convicted of a felony and possess a gun.
- Possession of a firearm on school property. It’s illegal to carry any firearm on school property. This crime is charged as a Class I felony.
- Possession of a gun when subject to a domestic violence order. It’s also illegal in North Carolina to purchase or possess a firearm while you’re subject to a domestic violence protective order. Violation of this law is a Class H felony.
- Crimes involving the use of weapons. You could be charged with many offenses involving the use of a weapon in the commission of a crime, such as armed robbery.
How the Skilled Legal Team at Browning & Long, PLLC Can Assist You
As former prosecutors, our gun crimes lawyers have an intimate understanding of the perspective from the other side. We know the nuances in North Carolina’s laws and what strong defenses to use against your charges—even if you think you’re guilty. We’ll challenge the evidence being used against you, raise questions about the prosecutor's ability to establish all the elements of the crime you're accused of committing, and argue your defenses to help you get the charges reduced or dismissed. If it’s in your best interests, we may even try to negotiate a favorable plea bargain for you.