What are the Most Common Firearm Offenses in North Carolina?
On October 20, 2020, a North Carolina man was sentenced to over 15 years in prison for multiple drug and gun charges. Although the charges mainly involved illegal drugs, the man was also convicted of illegal possession of a firearm. Unfortunately, this is just one type of firearm charge a person may face in the state. Although the Second Amendment of the United States Constitution gives citizens the right to bear arms, there are limitations on that right. It is critical that all individuals know what the most common firearm offenses are so they do not find themselves in trouble with the law.
Carrying a Concealed Weapon
In North Carolina, certain individuals are allowed to carry a concealed weapon including a firearm, brass knuckles, bowie knives, and stun guns. Individuals that are not allowed to carry concealed weapons include convicted felons, individuals that pleaded insanity while avoiding conviction, and anyone that lacked the capacity to stand trial in a criminal court.
A conviction for improperly carrying a concealed weapon is considered a Class G felony, which carries a potential jail sentence of 31 months.
Unlawful Possession of a Firearm
A number of circumstances may result in a person facing charge of unlawful possession of a firearm. These include when the person is a minor, does not have a proper permit, has a domestic violence conviction on their record, or is prohibited from owning a firearm under the terms of a restraining order. Individuals do not always know if they are legally able to possess a firearm, so it is always important individuals understand the requirements before purchasing a firearm.
Unlawful Discharge of a Firearm
Unlawfully discharging a firearm is considered a Class E or Class F felony depending on the facts of the case. Individuals will face charges of a Class F felony when they knowingly fire or attempt to fire a firearm within an occupied vehicle, building, or other enclosure. Class E felonies occur when a firearm is unlawfully discharged as part of criminal gang activity, within city limits, within an enclosed structure, or toward a person or group of people.
Assault with a Deadly Weapon
Assault with a deadly weapon is one of the most serious firearm offenses a person could face. The elements the prosecution must prove to secure a conviction include the fact that the accused assaulted another person while using a deadly weapon, and that they had the intent to kill. This offense can also be charged as a Class C or Class E felony, with penalties ranging from 44 to 182 months in prison.
Charged with a Firearm Offense? Our North Carolina Criminal Defense Lawyer can Help
If you have been charged with a firearm offense, call our experienced North Carolina criminal lawyer today. At Hauter Law Firm, PC, our attorney knows the defenses to these charges and will use them to give you the best chance of a successful outcome. Call us today at 252-226-6878 or contact us online to schedule a free confidential consultation so we can get started on your case.