What Are the Defenses to a Gun or Weapon Charge in North Carolina?

Your Second Amendment Rights vs. North Carolina Law

In North Carolina, we take our Second Amendment rights seriously. The right to bear arms is a deeply held value for many hardworking people in our communities, from Greensboro to Asheboro and across the state. But here is a hard truth that every gun owner needs to understand: that right is not unlimited.

A simple mistake, a misunderstanding of a complex law, or a moment of poor judgment can lead to a serious weapons charge. Suddenly, you’re facing the loss of your freedom, your right to own a firearm forever, and a permanent criminal record that can change your life.

If you are reading this, you are likely in a very stressful and confusing situation. You may feel like your rights have been violated. You are worried about your future. We get it. For decades, the team at the Huggins Law Firm has been defending the rights of citizens in the Piedmont Triad—from Burlington to Winston-Salem, Graham to High Point—who are facing serious weapons charges. We believe that every person deserves a powerful defense. Our job is to protect your constitutional rights and to fight for the best possible outcome in your case. This guide is here to give you the clear, straightforward answers you need right now.

Understanding the Most Common Weapons Charges in the Piedmont Triad

“Weapons charge” is a broad category. The specific crime you are accused of can range from a misdemeanor to a life-altering felony. Here is a breakdown of the most common charges we see in our practice.

Carrying a Concealed Weapon (CCW) – The Misdemeanor That Can Change Your Life

This is one of the most common weapons charges in North Carolina, and it often happens to people who have no criminal intent at all.

• What it is: Under N.C. General Statute § 14-269, it is generally illegal to willfully and intentionally carry a handgun or other deadly weapon concealed “about one’s person” without a valid concealed handgun permit.
• A Common Mistake: The most common scenario we see is someone who legally owns a pistol but doesn’t have a permit, and they put it in their glove box or under their car seat. They aren’t trying to cause trouble. They just want it in the car for protection. But if you are pulled over for a simple traffic violation in Kernersville and the officer finds that gun, you can be arrested. The law says the weapon must be in plain sight (like on the passenger seat) unless you have a permit.
• The Penalties: A first offense for Carrying a Concealed Weapon is a Class 2 misdemeanor. While that may not sound serious, a conviction still results in a permanent criminal record. A second offense is a Class H felony.

Possession of a Firearm by a Felon – A Serious Felony with Harsh Penalties

This is one of the most aggressively prosecuted weapons charges in the state. The law is strict, and the consequences are severe.

• What it is: Under N.C.G.S. § 14-415.1, it is a crime for any person who has been convicted of a felony to purchase, own, possess, or have in their custody or control any firearm.
• The “Possession” Trap: This is the key. “Possession” doesn’t just mean the gun is in your hand. It can also mean “constructive possession.” If you are a passenger in a friend’s car and there is a gun under your seat that you know about, you could be charged, even if the gun isn’t yours. If there is a firearm in a house where you live, you could be charged.
• The Penalties: Possession of a Firearm by a Felon is a Class G felony. A conviction carries a mandatory prison sentence. There is very little room for negotiation, and prosecutors in counties like Guilford and Alamance pursue these cases with vigor.
• A “Less Talked About” Stat: The federal government also aggressively prosecutes these cases. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal agency. A little-known fact from their data is the concept of “time-to-crime,” which is the time between a firearm’s first retail purchase and its recovery in a crime. This data shows how law enforcement can trace a firearm’s history. If a gun is traced back to a person who then sold it or gave it to a known felon, that person could also face serious federal charges.

Other Common Weapons Offenses

• Going Armed to the Terror of the Public: This is a broad misdemeanor charge for brandishing a weapon in a way that would cause a reasonable person to be afraid.
• Possession of a Weapon on School Property: This is a very serious felony in North Carolina, even if you have a concealed carry permit.

The “Gun Bump”: How a Firearm Can Dramatically Increase Your Sentence

This is a critical concept that can turn a standard felony into a much more serious one. In North Carolina, if you use or even just possess a firearm while committing another felony (like a robbery or a drug crime), the judge can add a “sentencing enhancement.” We sometimes call this the “gun bump.”

• What it is: It is not a separate crime. It is an additional, mandatory prison sentence that is added on after the sentence for the underlying crime.
• The Impact: For example, if you are convicted of a felony that would normally have a sentence of 2 years, but you had a gun in your possession at the time, the judge could be required to add several more years to your sentence.
• The Hard Truth: These enhancements are a powerful tool for prosecutors. They will often use the threat of a gun enhancement to pressure a person into taking a plea deal. An experienced lawyer knows how to challenge the evidence to fight these enhancements, which can be the difference between years of your life. Data on sentencing from sources like the UNC School of Government, which provides in-depth analysis of our state’s justice system, shows that these enhancements are a major factor in the length of prison sentences in North Carolina.

The Foundation of Your Defense: How We Fight a Weapons Charge

An arrest for a weapons charge can feel hopeless. The police found the gun. It seems like an open-and-shut case. It rarely is. A strong defense is built on protecting your constitutional rights and challenging every piece of the state’s evidence.

1. We Attack the Stop and the Search. This is the foundation of almost every weapons case defense. The Fourth Amendment protects you from unreasonable searches.

• The Traffic Stop: Did the officer have a legal reason to pull you over in the first place? If not, the stop was illegal, and any evidence they found can be thrown out.
• The Search of Your Car: Did you give them consent to search? (You should never do this). If not, did they have probable cause? An officer cannot search your car just because they have a hunch.
• The “Pat Down”: An officer can only pat you down for weapons if they have a reasonable belief that you are armed and dangerous. We challenge the officer’s justification for every action they took.

2. We Challenge the “Possession.” This is especially powerful in “constructive possession” cases. The state has to prove you knew the weapon was there and that you had the intent to control it.

• Were you just a passenger in a friend’s car?
• Was the gun hidden in a part of the car you wouldn’t have known about?
• Did someone else have access to the area where the gun was found?

Our job as your lawyer is to create reasonable doubt. If a jury can’t be sure the gun was yours, they cannot convict you.

3. We Challenge the “Concealed” Element. For a CCW charge, the state has to prove the weapon was actually concealed and readily accessible for immediate use. Was a part of the gun visible? Was it locked in a container in the trunk? The specific facts of where and how the gun was stored can be a powerful defense.

Why an Experienced North Carolina Weapons Charge Lawyer Is Your Only Option

When you are facing the loss of your freedom and your constitutional rights, you need more than just a lawyer. You need a team that has a deep understanding of these specific, complex cases.

• We Are Meticulous, Fact-Based Investigators. Our approach is to dissect every detail of your case. We don’t just read the police report; we scrutinize it. We analyze the body camera footage frame by frame. We find the inconsistencies and the violations of your rights that can be used to win your case.
• We Understand the Nuances of North Carolina Gun Law. The laws around concealed carry, transportation of firearms, and possession rights are a confusing patchwork. We have decades of experience navigating these specific statutes to protect our clients.
• We Are Your Shield in the Courtroom. We prepare every case for a jury trial. The prosecutors in the courthouses of Greensboro, Graham, and Asheboro know that we are not afraid to fight. This reputation for being prepared is our greatest strength in negotiating for a dismissal or a reduction of your charges.

Our deep experience in criminal defense is your greatest asset in this fight.

Key Takeaways for Your North Carolina Weapons Charge Case

• Your Second Amendment Rights Have Limits: North Carolina has strict laws about who can possess a firearm and how it can be carried. A simple misunderstanding can lead to a serious criminal charge.
• “Possession” is a Legal Term: You can be charged with possessing a weapon even if it wasn’t on your person and didn’t belong to you.
• A Gun Can Turn a Minor Crime into a Major Felony: The use of a firearm during another crime can add years to your prison sentence through “sentencing enhancements.”
• Your Constitutional Rights are Your Best Defense: Many weapons cases are won by proving that the police conducted an illegal traffic stop or an unconstitutional search.
• A Conviction Has Lifelong Consequences: A felony conviction means the permanent loss of your right to own a firearm, and even a misdemeanor can create a permanent criminal record.

Finding Support After Weapons Violence: A Guide to North Carolina Resources

Surviving an act of weapons violence is a traumatic experience, and the path to healing can be long and difficult. Please know that you are not alone and that dedicated organizations are available to provide support, advocacy, and a sense of community. Here are some of the most important resources for victims and families in North Carolina.

• North Carolinians Against Gun Violence (NCGV) This is the primary statewide organization dedicated to reducing gun violence and supporting victims. NCGV provides advocacy, educational resources, and can connect survivors with local support networks and grief counseling services.
• Moms Demand Action – North Carolina A powerful national grassroots movement with a strong presence in North Carolina, this group connects survivors of gun violence to create a community of advocates. They offer peer support and a way for victims and their families to take action and find purpose after a tragedy.
• The National Center for Victims of Crime While a national organization, their website is an essential resource. It provides a wealth of information on victims’ rights, financial assistance programs, and how to navigate the emotional and legal aftermath of a violent crime. They can connect you with local victim services in your specific community.
• Everytown for Gun Safety This is another leading national advocacy group that provides specific data and research on gun violence in North Carolina. For survivors, their work can provide important context and a platform for advocacy, connecting them with a larger movement and support system.
• These organizations can provide a crucial lifeline, offering both emotional support and a path toward healing and advocacy after a traumatic event.