Carrying a concealed weapon without a valid permit is a serious offense in North Carolina, and the penalty can be severe. In a worst-case scenario, you could face more than three years in prison for a concealed weapon offense, which is why it’s crucial that you take your charges seriously and seek the legal assistance you need.
What Does North Carolina Consider a Concealed Weapon?
Under North Carolina law, it is illegal for an individual to carry a concealed handgun or other deadly weapon without a valid concealed carry permit. Concealed carry permits only apply to handguns, not other types of deadly weapons, and must be on the person at all times while they are concealing their firearm.
Generally speaking, a weapon is considered concealed if it is not visible to others, such as if it’s hidden under clothing. However, the law on what is and is not “concealed” is equal parts nuanced and unclear.
Penalties for Carrying a Concealed Weapon Without a Permit
The penalties you could face if convicted of a concealed weapon violation depend on whether it is your first or subsequent offense:
- First Offense: If this is your first time being charged with a concealed weapon violation, it is a Class 2 misdemeanor, with a maximum penalty of 60 days in jail.
- Subsequent Offenses: If this is your second or subsequent time being charged with a similar violation, it is a Class H felony, with a maximum penalty of 39 months in prison.
Additionally, if you have a valid permit that is not in your possession, you could face a fine of up to $100. And if you have a valid permit and carry a concealed weapon on private property where it is prohibited, you could face a fine of up to $500.
Exceptions to the Law
Several exceptions exist that could impact your concealed carry violation case:
- Valid Permit: If you have a valid permit, it is on your person, you are not in an area where concealed firearms are prohibited, and you disclose your concealed weapon to law enforcement, it is allowed.
- Law Enforcement: Police officers and certain military personnel may be exempt from concealed carry laws while performing their official duties.
- Weapon Transportation: You are generally allowed to transport a weapon in your vehicle as long as it is in a closed compartment and the vehicle is locked.
Defending Against Concealed Weapon Charges
When facing concealed weapon charges, several defenses may be available to you. One defense we may use comes into play if the weapon is not a firearm, you own and use it for a legitimate purpose, and you did not attempt to use it for any illegal activity. For example, if you are transporting an ax used for chopping wood, this defense could apply.
Contact Our North Carolina Criminal Defense Attorneys
If prosecutors charged you with carrying a concealed weapon without a valid permit in North Carolina, call Greenwood Law or contact us online to speak with an experienced criminal defense lawyer. Our team has extensive experience handling weapons charges cases and will explain the charges you’re facing, their potential penalties, and the defenses you may be able to use.