More than 40 New Laws were put into effect on December 1, 2013, many were increased to a criminal offense status. Included in laws which impose more severe penalties is the firing of a gun in an enclosed space, whether to do harm or incite fear. The penalty review of this law was prompted by a gun incident in October 2012, when 20-year-old Justin Murphy walked into a Wal-Mart in Kernersville, NC and opened gun fire. No one was injured.
Legal Ramifications
Under the pre-existing North Carolina law, since Murphy was inside Wal-Mart and shots weren’t fired directly at store shoppers, he could only be charged with a misdemeanor. To classify his offense as a felony charge, Murphy would have had to fire shots into the Wal-Mart from outside of the building or from the building’s threshold.
Under the new law, those who fire a gun within an enclosed building, structure or motor vehicle will be charged with a felony offense and may lose their gun ownership rights.
Shoot Gun From Inside/To Harm or Incite Fear
Article 8 of Chapter 14 of the General Statues now states, “Any person who willfully or wantonly discharges or attempts to discharge a firearm within any building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent to do harm or incite fear shall be punished as a Class E felon.”
Consult With an Experienced Defense Attorney
The lawyers at Sandman, Finn & Fitzhugh are knowledgeable on the most up-to-date gun laws and are readily available to assist in the defense of your criminal offense. Learn more about our Award Winning Service or Contact Us for a Free Consultation today.