Charlotte Gun Charge Lawyer
The right to bear arms is one of the rights afforded to U.S. citizens, but the second amendment doesn’t extend to everyone. If you have a felony criminal record, it is illegal to possess a firearm in North Carolina. If you have been charged with possession of a firearm, click here to speak to a Charlotte gun crime lawyer now for a free and confidential discussion of your case. Facing a charge for possession of a firearm can be stressful for both you and your family, and you are likely worried about your future. It is crucial to understand the complexities of the judicial system if you want to ensure the best possible outcome for your case. Our Charlotte criminal defense attorneys have successfully defended hundreds of men and women across the Carolinas against firearm charges. If you need legal advice, please call our office to speak to a Charlotte criminal defense lawyer now — so that we can start building your defense today.
What Are Gun Charges in North Carolina?The North Carolina Felony Firearms Act states that it is illegal for any convicted felons to possess a firearm. A felony is classed as any crime that can be punishable by more than 12 months incarceration — even if you didn’t receive that sentence. Recent amendments have further tightened the restrictions against the gun rights of people with criminal backgrounds. Even simply carrying a shotgun in your car for hunting could get you in legal trouble if you have previously been convicted of a felony.
The ban on possession of a firearm applies regardless of how long ago your felony conviction occurred. If you have a felony conviction, you cannot possess a firearm, anywhere, at any time — even in your own home or lawful place of business.
There are also several other gun charges in North Carolina that you can face, which include, but are not limited to:
● Concealed weapons with no permit. You must obtain a concealed weapons permit to carry a concealed weapon outside of your home in North Carolina. A concealed weapon can include guns and other similar deadly weapons, such as daggers.
● Purchase or possession of a firearm with a domestic violence order. If you’re subject to a domestic violence order, you are prohibited from purchasing or possessing a firearm, or it’s ammunition while the order is in effect.
● Possession of a weapon on school property. It is illegal to carry a gun or other firearms on school property. This includes elementary school through to college. Violation of this law is a Class I felony.
● Possession of a weapon where alcohol is sold. It is illegal to take a firearm into an establishment where alcohol is being sold or consumed.
What Are The Penalties For Possession Of A Firearm In North Carolina?Gun convictions are heavily prosecuted in North Carolina, and the penalties you face can be severe. A conviction also leaves you with a permanent criminal background, making it challenging to pass employment background checks, among other things.
The penalties for a gun offense depend on whether the crime committed was a felony or a misdemeanor.
● Class 1 misdemeanor: a minimum of 1 day to 120 days jail time
● Class 2 misdemeanor: a minimum of 1 day to 60 days jail time
● Class 3 misdemeanor: a minimum of 1 day to 20 days jail time
If you are convicted of a felony gun offense, the sentencing process is more complicated and considers both the seriousness of the offense and the defendant's criminal record. If there are any aggravating factors, the sentence you face is typically much more severe.
If you are convicted of a felony gun crime, you could face:
● Class D felony: a minimum of 51 months to a maximum of128 months jail time
● Class E felony: a minimum of 20 months to a maximum of 50 months of jail time
● Class F felony: a minimum of 13 months to a maximum of 33 months of jail time
● Class G felony: a minimum of 10 months to a maximum of 25 months of jail time
● Class H felony: a minimum of 5 months to a maximum of 20 months of jail time
● Class I felony: a minimum of 4 to a maximum of 10 months jail time
In a North Carolina gun charge case, you need an experienced trial lawyer working on your behalf. A knowledgeable criminal defense attorney could make all of the difference in achieving a favorable outcome for your case. Being convicted of a firearms offense in North Carolina can have untold consequences on your life. If you’re facing a gun charge, call our office now to speak to an experienced Charlotte criminal defense attorney. Snow Legal’s dedicated North Carolina criminal defense attorneys can help you protect your legal rights and your freedom.