Carrying Concealed Gun

Carrying a concealed firearm is a serious responsibility, and North Carolina law imposes strict rules and regulations to ensure public safety. Whether you’re a gun owner or considering obtaining a concealed carry permit, understanding the legal framework surrounding carrying a concealed gun in North Carolina is crucial. This guide covers key aspects of the law, including eligibility, permitting requirements, penalties for violations, and potential defenses.

What Does “Carrying a Concealed Gun” Mean in North Carolina?

In North Carolina, carrying a concealed gun refers to having a firearm on your person or within easy reach in a way that is hidden from view. This includes:

  • Guns tucked into clothing, bags, or other personal items.
  • Firearms stored in vehicles where they are not visible without opening a compartment.

The law distinguishes concealed carry from open carry, which allows individuals to visibly carry firearms without a permit. Concealed carry, however, requires adherence to specific rules and regulations, including obtaining a concealed handgun permit (CHP).

Concealed Carry Permit Requirements in North Carolina

To legally carry a concealed handgun in North Carolina, you must have a valid concealed handgun permit. The process involves meeting eligibility requirements, completing training, and submitting an application to the sheriff’s office in your county of residence.

Eligibility Criteria

To qualify for a concealed handgun permit, you must:

  • Be at least 21 years old.
  • Be a U.S. citizen or lawful permanent resident.
  • Have resided in North Carolina for at least 30 days before applying.
  • Pass a criminal background check.
  • Not have been convicted of a felony or certain misdemeanors, such as domestic violence offenses.
  • Not have a history of substance abuse or mental illness that would disqualify you.

Training and Application

Applicants must complete an approved firearms training course, which covers:

  • North Carolina firearm laws.
  • Proper firearm handling and safety.
  • Shooting proficiency.

Once training is complete, applicants must submit proof of course completion, a completed application, fingerprints, and fees to the local sheriff’s office. Processing times vary, but permits are typically issued within 45 days if approved.

Penalties for Carrying a Concealed Gun Without a Permit

Carrying a concealed firearm without a permit is a criminal offense in North Carolina. Penalties depend on the circumstances of the case:

  • First Offense:
    • Charged as a Class 2 misdemeanor.
    • Penalties may include up to 60 days in jail and a fine of up to $1,000.
  • Subsequent Offenses:
    • Charged as a Class H felony.
    • Penalties include 4 to 25 months in prison, depending on prior criminal history.

Additional penalties may apply if the concealed weapon is used during the commission of a crime or if the individual is prohibited from possessing firearms due to prior convictions.

Defenses to Carrying a Concealed Gun Charges

If you are charged with unlawfully carrying a concealed weapon, several legal defenses may apply:

  1. Valid Permit: Demonstrating that you had a valid concealed handgun permit at the time of the incident may result in the dismissal of charges.
  2. Lack of Concealment: Arguing that the firearm was not fully concealed or was openly carried can challenge the basis of the charge.
  3. Unlawful Search or Seizure: Evidence obtained through an illegal search or seizure may be inadmissible in court, potentially weakening the prosecution’s case.
  4. Self-Defense: If the weapon was carried for immediate self-defense in an emergency, this defense might apply in limited situations.

An experienced criminal defense attorney can evaluate the details of your case to determine the most effective defense strategy.

Reciprocity for Out-of-State Permits

North Carolina recognizes concealed carry permits issued by other states. However, individuals carrying firearms under out-of-state permits must comply with North Carolina’s laws regarding where and how firearms can be carried.

Restricted Areas

Even with a valid permit, firearms are prohibited in certain locations, including:

  • Schools and educational property.
  • State and federal government buildings.
  • Establishments where alcohol is sold and consumed (unless explicitly permitted).
  • Private property where firearms are prohibited by signage.

Failure to follow these restrictions can result in criminal charges, even for permit holders.

Key Takeaways

Carrying a concealed gun in North Carolina requires strict adherence to state laws. To comply with the law:

  • Obtain a valid concealed handgun permit by meeting eligibility requirements and completing training.
  • Understand restricted areas where firearms cannot be carried.
  • Stay informed about the rules for transporting firearms in vehicles and across state lines.

If you face charges for unlawfully carrying a concealed firearm, seek legal representation immediately to protect your rights and explore potential defenses.

Conclusion: Stay Informed, Stay Responsible

Gun ownership comes with significant responsibilities. By understanding North Carolina’s laws on carrying a concealed firearm, you can ensure compliance and exercise your rights safely and responsibly. If you have questions about concealed carry or need legal assistance, consult with Doermann Edwards at 336-314-3749 or fill out our contact link here so that we can provide guidance tailored to your situation.

*NOTHING ON THIS PAGE SHOULD BE CONSTRUED OR TAKEN AS LEGAL ADVICE, THIS IS GENERAL INFORMATION WHICH MAY OR MAY NOT APPLY TO YOUR SITUATION. A USER OF THIS SITE ASSUMES ALL RISK OF USING ANY INFORMATION CONTAINED HEREIN WITHOUT CONSULTING ONE OF OUR ATTORNEYS AND RETAINING OUR FIRM, DOERMANN EDWARDS*