North Carolina Criminal Law 14-269(a1): Carrying Concealed Pistol-Handgun

People under the following categories may receive a concealed gun permit in North Carolina. 

• Those older than 21 years 
• North Carolina residents who’ve resided in the state for not less than 30 days before the permit application
• People eligible for owning a firearm under the federal law
• People free from any form of conviction, indictment, or criminal history

If you have a concealed gun permit, you are allowed to take your pistol handgun with you in some places. However, it is illegal to carry it while going to specific places, even with a permit. According to the concealed gun permit, you are not supposed to have a concealed gun to:

• Educational property
• At a funeral procession, parade or demonstration
• An area that is prohibited by federal law
• Law enforcement facility
• Correctional facility
• Any private premise where there is a conspicuously-posted notice that prohibits carrying concealed weapons
• State or federal offices
• Into the executive mansion, state capitol building, the western residence of the governor, or any other building housing a court
• An assembly where admission has been charged for entry

Suppose you are arrested for carrying a concealed pistol handgun, or any other firearm on educational property. In that case, you may be charged with a class 1 misdemeanor or a class I, G, or F felony. And this applies even when you have a concealed gun permit because it’s illegal to carry a firearm in an education property such as private or public schools, colleges, universities, etc. 

A person found in possession of a pistol-handgun in an assembly for which admission has been charged, the executive mansion, the state capitol building, or the western residence of the governor can be charged with a class 1 misdemeanor. The same applies when a person is found in possession of the firearm while in a building that houses a court, at a funeral, an assembly, or a demonstration. If it’s a first-time offense, a person can be charged with a class 2 misdemeanor. A person can face class H felony charges for a second or subsequent offense.

Penalties for carrying a concealed pistol handgun are based on pre-determined misdemeanor and felony sentencing charts. Both charts consider the levels of misdemeanor and felony offenses as well as a person’s criminal history. 

Below are the potential penalties in case a person is convicted. 

• Class 2 misdemeanor-up to 60 days jail term
• Class 1 misdemeanor- up to 120 days jail term
• Class 1 felony-3-12 months jail term
• Class G felony-8-31 months jail term
• Class F felony-10-41 months jail term

A person may also be fined as part of the penalty. They may also suffer collateral consequences even after paying the fine and completing their jail term. 

Below are some of the most common defenses that lawyers use to defend persons charged with carrying concealed pistol handgun in North Carolina. 

• The firearm was not concealed
• That the charged person was not aware of the presence of the handgun
• That the charged person was on the way to, from, or engaged in an activity where they used the handgun legitimately
• The person did not attempt or use the handgun in any illegal way
• The person is a member of the armed forces or provided proof of military deployment

There are several other defenses a lawyer may use, depending on the circumstances of your case. They always evaluate a case comprehensively to determine the best defense. And that’s one of the best things about working with a lawyer instead of representing yourself. 

On top of that, lawyers also give sound advice and help you navigate through the case. Remember, concealed pistol handgun charges are serious and put you at risk of getting jailed for several months and paying fines. You can suffer serious consequences such as limited employment possibilities if you are convicted. A criminal defense lawyer will do their best to help you avoid these consequences and protect your future. They will also help you navigate the available options, such as the dismissal of the charges and, in case you are convicted, the reduction of penalties.