If you’re facing gun offense charges, you don’t want to base your decisions on false information about these crimes. Any charges—even misdemeanors—carry heavy penalties and long-term ramifications throughout your life. Take a moment to review what our experienced Charlotte gun crimes lawyers at Browning & Long, PLLC, explain about gun law myths in North Carolina that you need to know to mount a strong defense.
Myth 1:You Can Only Use Deadly Force If an Attacker Enters Your Home ![Myths about North Carolina gun laws]()
A common misconception about our state’s gun laws is that you only have a right to use deadly force if an attacker breaks into your home. However, you have the right to defend yourself using a firearm without retreating in your home, motor vehicle, and workplace under North Carolina’s Stand Your Ground law—North Carolina General Statute § 14-51.3. This law applies in these situations:
- You believe that deadly force is necessary to prevent great bodily harm or your or someone else’s death.
- You’re in your home, vehicle, or workplace, and you or an individual are under the threat of imminent death or bodily injury. This is commonly referred to as the castle doctrine.
Myth 2: You Can’t Carry a Gun in a Private Commercial Vehicle Even If You Have a Concealed Weapon Permit in North Carolina
You’re allowed to carry a concealed gun in a private commercial vehicle if you have a concealed weapon permit. However, your employer has the right to prohibit any firearms in their commercial vehicles.
Myth 3: Your Firearm Must Be Unloaded and Locked Away in Your Vehicle If You Don’t Have a Concealed Weapon Permit
In our state, you can openly carry a gun in your car without a concealed weapon permit. You can keep it completely visible, such as on a seat or the floorboard. You can also conceal it—with the appropriate permit—inside a locked console, glove compartment, or trunk that no one can access.
However, if you disregard these rules, you could be charged with a carry and conceal gun (CCG) or weapon (CCW) violation under North Carolina General Statute § 14-269. This crime is classified as a Class 2 misdemeanor. If convicted, the judge could sentence you to up to 60 days in jail and order you to pay a fine.
Myth 4: You Can Openly Carry a Firearm Anywhere in North Carolina
Although our state protects its citizens’ right to openly carry a gun without a permit, this doesn’t mean you can carry a firearm everywhere. For example, you cannot openly carry your weapon at someone’s residence, in stores that sell alcohol, at schools, or in stores that post a “No Weapons” sign.
In addition, you’re not allowed to openly carry a gun or ammunition or keep it in your carry-on luggage at Charlotte Douglas International Airport (CTL). While you might accidentally break this law, you could still, unfortunately, be charged with a CCW violation. In addition to the punishments issued if you’re convicted, you could also have to pay a federal administrative fine of up to $10,000 before you can fly again.
Myth 5: You Don’t Need a Lawyer If Charged With a Weapons Offense
Even if you know you’re guilty of an accusation, you shouldn’t just plead guilty and accept your sentence. At Browning & Long, PLLC, our gun crimes lawyers believe every defendant is entitled to aggressive legal representation and know that you could have solid defenses to fight the charges.
Our skilled legal team investigates the prosecutor’s evidence against you, conducts an independent investigation into the circumstances of your arrest, and develops a strong defense strategy. For example, we may be able to get the charges dismissed if the prosecutor cannot prove all elements of the crime you’re accused of committing or if we get crucial evidence suppressed. In addition, we may be able to negotiate a plea bargain for you where the charges or your sentence is reduced if this is a possibility for your case.
