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If you are facing firearm possession charges in North Carolina, including unlawful possession of a firearm or possession of a stolen firearm, you need experienced legal representation to protect your rights. At Randall Law, our skilled firearm defense attorneys have decades of experience successfully defending clients and obtaining charge dismissals. Don’t risk your future or your reputation—schedule a case evaluation today by calling (980) 237-4579.

Understanding Unlawful Possession of a Firearm in North Carolina

Unlawful possession of a firearm is one of the most common gun offenses in North Carolina. State law and Charlotte city ordinances prohibit specific individuals, such as convicted felons, individuals subject to domestic violence restraining orders, and those with certain mental health restrictions, from carrying or possessing firearms. The law also restricts the possession of firearms in specific locations, including schools, government buildings, and certain public areas.

Violations of these laws can result in arrest and charges ranging from misdemeanors to felonies, depending on the circumstances and the individual’s criminal history. Even responsible gun owners can face charges if they inadvertently violate these regulations, making it essential to understand the statutes and legal consequences surrounding firearm possession in North Carolina.

Different North Carolina Weapons Charges

North Carolina law classifies a wide range of firearm and weapon offenses, each carrying its own potential penalties and legal consequences. Understanding the different types of charges can help you see why having an experienced defense attorney is critical if you are facing any weapon-related allegations.

Possession of a Firearm by a Felon (NCGS 14-415.1)

Being a felon in possession of a firearm is one of the most serious gun charges in North Carolina. If you have one or more prior felony convictions, your gun rights are permanently restricted—you cannot purchase, own, possess, or control any firearm or weapon of mass destruction. Conviction carries a Class G felony sentence, which may include a prison term of 10 to 25 months, fines, and probation.

Carrying a Concealed Weapon (NCGS 14-269)

It is illegal to willfully carry a concealed weapon, including firearms, knives, metallic knuckles, stun guns, and other deadly weapons, except in limited circumstances. Exceptions include carrying a firearm on your property or having a valid Concealed Carry Permit, which still comes with restrictions. Violations can result in a Class 2 misdemeanor or a Class H felony, depending on the circumstances.

Possession of a Concealed Weapon While Consuming Alcohol (NCGS 14-415.11(c2))

Carrying a concealed handgun while consuming alcohol, even with a permit, is illegal. This includes situations where alcohol has been recently consumed and remains in your system. Convictions can carry criminal penalties and potentially affect your ability to carry firearms in the future legally.

Possession of a Stolen Firearm (NCGS 14-72(b)(4))

If you are found in possession of a stolen firearm, you can face felony charges, even if the firearm could not be fired at the time of the theft. Air rifles and air pistols are exceptions. North Carolina law classifies this as a serious felony due to the potential danger posed by firearms.

Possession of a Firearm With a Serial Number Removed (NCGS 14-160.2)

Altering, defacing, destroying, or removing a firearm’s serial number is illegal. Knowing possession, sale, or purchase of a firearm with a removed or altered serial number is also a criminal offense. Violations are typically classified as a Class H felony.

Possession of a Firearm on School Property (NCGS 14-269.2)

It is illegal to possess a firearm on any educational property, including buses, campuses, athletic fields, or other school-owned property. Charges can range from a Class 1 misdemeanor to a Class G felony depending on the circumstances. The law is strict to protect students, staff, and school visitors.

Possession of a Firearm at Charlotte Douglas Airport

Under Charlotte city ordinances, firearms are prohibited on city-owned or controlled property, including Charlotte Douglas International Airport. Violations can result in TSA fines and a separate misdemeanor charge for possession on city property. Possession of a firearm at the airport is treated seriously due to public safety concerns in secure areas.

Possession of Weapons of Mass Destruction (NCGS 14-288.8)

North Carolina law prohibits manufacturing, possessing, storing, transporting, or acquiring weapons of mass destruction. This includes bombs, grenades, missiles, mines, fully automatic firearms, and other weapons capable of mass harm. Conviction for these offenses carries severe felony penalties due to the extreme danger posed to the public.

Penalties for Unlawful Firearm Possession

The penalties for unlawful firearm possession in North Carolina can be severe and vary depending on whether the offense is charged as a misdemeanor or a felony. Key consequences include:

  • Misdemeanor charges: Class A1 and Class 1 misdemeanor firearm offenses can carry up to 60 or 45 days of jail time for first offenses. Repeat offenses may result in an increased sentence, with a Class A1 misdemeanor carrying a penalty of up to 75 days for one to four prior convictions.
  • Felony charges: Felony firearm possession penalties depend on the class of the felony, ranging from Class I to Class A. A Class I felony may result in 4 to 10 months of incarceration, while higher-class felonies can carry several years in prison, fines, and extended probation.
  • Loss of firearm rights: Conviction can permanently restrict your ability to legally purchase, own, or possess firearms.
  • Additional consequences: A criminal record from a firearm conviction may impact employment opportunities, housing, professional licenses, and other civil rights.

Due to the serious legal and personal consequences, it is crucial to collaborate with an experienced Charlotte firearm defense attorney. An attorney from Randall Law can help reduce penalties, explore alternative sentencing options, and fight to protect your rights.

Defenses for Unlawful Firearm Possession

If you are charged with unlawful firearm possession in Charlotte, there are several defenses that a skilled attorney from Randall Law can use to challenge the charges. An experienced firearm defense lawyer will carefully review the circumstances of your case, the evidence against you, and whether law enforcement followed proper procedures during your arrest and investigation.

Common defenses may include:

  • Lack of knowledge or intent: You may not have known that the firearm was prohibited or that you were in violation of North Carolina law. Without intent, some charges can be reduced or dismissed.
  • Illegal search or seizure: If police obtained the firearm without a proper warrant or probable cause, your lawyer may be able to have the evidence suppressed.
  • Mistaken identity: Sometimes, the alleged possession is incorrectly attributed to you, or there is confusion about ownership of the firearm.
  • Expired or incorrect charges: Your attorney may identify errors in the charging documents, such as using the wrong statute or misclassifying the offense.
  • Temporary possession or lawful exemptions: In some cases, possession may be legally justified, such as being at a shooting range, transporting a firearm according to state law, or having specific permits.

A strong defense can significantly affect the outcome of your case, potentially reducing or dismissing charges and minimizing penalties. Speaking with a Charlotte firearm defense lawyer as soon as possible ensures that your rights are protected and that every legal avenue is explored.

How Randall Law Can Help With Unlawful Firearm Possession Charges

Facing an unlawful firearm possession charge in Charlotte can carry serious consequences, including jail time, fines, and long-term restrictions on your gun rights. Randall Law has extensive experience defending clients against all types of firearm offenses, from misdemeanors to serious felonies.

Our attorneys can help by:

  • Reviewing the evidence: Carefully examining the circumstances of your arrest and the evidence against you to identify weaknesses or violations of your rights.
  • Challenging improper procedures: Determining whether law enforcement followed the proper legal protocols during your search, seizure, or arrest.
  • Identifying defenses: Exploring potential defenses such as lack of knowledge, mistaken identity, or lawful exemptions that may reduce or dismiss charges.
  • Negotiating with prosecutors: Seeking reduced charges or alternative sentencing when appropriate to minimize penalties.
  • Representing you in court: Providing aggressive advocacy at every stage of your case to protect your rights and ensure your side of the story is fully heard.

With a strategic defense, Randall Law aims to minimize penalties, preserve your future, and give you the best possible chance of a favorable outcome. Contacting an experienced Charlotte firearm defense attorney as soon as possible can make a critical difference in your case.

Frequently Asked Questions About Unlawful Firearm Possession in North Carolina

What counts as unlawful firearm possession in North Carolina?

Unlawful firearm possession occurs when someone prohibited by law, such as a convicted felon, someone under a domestic violence restraining order, or a person with certain mental health restrictions, has a firearm. It can also include carrying a gun in restricted areas, like schools, government buildings, or specific public locations. Both state law and local ordinances define what constitutes a violation.

Can a first-time offense be a felony?

Yes, depending on the circumstances, a first-time firearm possession offense can be charged as a felony. Factors include prior criminal history, the type of firearm, and the location where the firearm is possessed. Even without previous convictions, possession in restricted areas or of certain weapons can elevate the charge from a misdemeanor to a felony.

What are the potential penalties for unlawful firearm possession?

Penalties vary depending on whether the offense is a misdemeanor or a felony. Misdemeanors can result in up to 60 days of jail time for first offenses, while felony charges can lead to months or years of incarceration, fines, probation, and permanent restrictions on firearm rights. Additional consequences may affect employment, housing, and other civil opportunities.

What defenses can be used against a firearm possession charge?

Common defenses include lack of knowledge or intent, illegal search and seizure, mistaken identity, and lawful exemptions for possession. An experienced attorney will review the facts, identify errors in the prosecution’s case, and use these defenses to seek reduced or dismissed charges. Proper legal guidance can significantly improve the outcome of the case.

How important is it to hire a firearm defense attorney in Charlotte?

It is critical to consult an experienced Charlotte firearm defense lawyer as soon as possible. These cases can carry serious consequences, and an attorney can review evidence, explore defenses, negotiate with prosecutors, and provide representation in court. Acting quickly helps protect your rights and can influence the severity of potential penalties.

Secure Experienced Legal Help for Firearm Offenses with Randall Law

If you are facing unlawful firearm possession charges in Charlotte, North Carolina, you need experienced legal representation on your side. Contact Randall Law today to schedule a case evaluation with a skilled firearm defense attorney who can protect your rights, explore every available defense, and fight to minimize penalties.

Contact us now at (980) 237-4579 or complete our online form to take the first step toward securing your future.