James K. Minick

James K. Minick

Although an individual may be allowed to carry a concealed weapon with the proper permit or if the individual falls under one of the exceptions to the appropriate statute, being arrested and charged with the crime of possession of a concealed weapon in North Carolina is a serious offense. The following crimes outline the elements required for conviction and the potential punishments after conviction. In order to obtain a conviction, the State must prove each element beyond a reasonable doubt.

Carrying a Concealed Pistol or Gun

Elements

A person is guilty if they:

  1. Willfully and intentionally
  2. Carry
  3. Concealed about their person
  4. A pistol or gun
    1. While off their own premises and,
    2. If the weapon is a handgun, the person does not have a concealed handgun permit and
    3. If the weapon is a handgun, the person is not allowed to carry a handgun as a military permittee

For the purposes of this crime, the weapon must be completely concealed. However, the question of whether a weapon was concealed is a factual question that must be answered by the jury. For this crime, the weapon also does not have to be directly on the individual, it could be concealed in an area within the close proximity of the individual.

Punishment

If a person is guilty of carrying a concealed weapon, they are guilty under N.C. Gen. Stat. § 14-269(c):

  • Class 2 misdemanor if it is their 1st offense
  • Class 1 felony if it is their 2nd or subsequent offense

Carrying a Concealed Weapon Other Than a Pistol or Gun

Elements

A person is guilty if they:

  1. Willfully and intentionally
  2. Carry
  3. Concealed about their person
  4. A bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind
  5. While off their own premises

Punishment

If a person is guilty of carrying a concealed weapon other than a pistol or gun, they are guilty of a Class 2 misdemeanor under N.C. Gen. Stat. § 14-269(c).

Carrying a Gun Into an Assembly or Establishment Where Alcoholic Beverages are Sold and Consumed

Elements

A person is guilty if they:

  1. Carry into
    1. Any assembly where an admission fee has been charged or
    2. Any establishment in which alcoholic beverages are sold and consumed
    3. A gun, rifle, or pistol

Punishment

If a person is guilty of carrying a gun into an assembly or establishment where alcoholic beverages are sold and consumer, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-269.3(a).

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