Experienced Raleigh Gun Charge Attorneys
If you’ve been arrested on gun charges or are under investigation for crimes related to firearms, the time to speak with a defense attorney is now. Gun charges are serious, both at the state and federal level, and a conviction can not only lead to long prison sentences, it can affect you for the rest of your life. At Sandman, Finn, & Fitzhugh, we offer a free consultation to discuss your case and provide you with the legal guidance you need during this challenging time.
We have over 50 years of combined legal experience and fight on our client’s behalf in both state and federal crimes. As gun and firearms charge attorneys, we have in-depth knowledge of United States and North Carolina gun laws and will use our knowledge and experience to create a strategic defense.
When you’re facing gun charges, call (919) 845-6688 and speak with our attorneys.
North Carolina Gun Laws
Gun laws in North Carolina are complicated but a lack of knowledge of the law doesn’t prevent you from getting arrested on charges. To help you get a better understanding of what the laws really are, we are breaking down some of the most causes of arrest on gun charges.
Who Can Purchase aNd Carry a Gun in North Carolina?
To purchase a gun in North Carolina, you have to first have a permit to purchase or a permit to carry a concealed weapon. It is illegal to own an unlicensed firearm, so even if you purchase it in a private sale, you still have to have the permit and make sure it’s licensed.
If your gun is licensed, open carry is legal throughout much of the state. You don’t need to have a permit to have a registered gun visible on your person or in your vehicle. However, local governments can have laws restricting open carry, such as Chapel Hill, and it’s illegal to have a gun visible at a school and at the State Capitol.
It is legal to carry a concealed weapon after you’ve been issued a North Carolina Concealed Handgun Permit. Requirements to obtain this permit include:
- Meeting all Federal Law Requirements to carry a weapon.
- Being 21 years old (with exceptions made for those in the military).
- Completing an 8-hour approved handgun training class.
- Living in North Carolina as a resident for 30 days and be a resident of the county you’re filing in.
- Being a legal U.S. citizen or having lawful permanent resident alien status.
- Not having a physical or mental infirmity that would prevent safely handling a gun.
- Not being convicted of DWI within three years prior to applying.
- Has not been determined (legally) to be lacking the mental capacity to carry a gun or is mentally ill.
Who Can’t Carry or purchase a gun in North Carolina?
As gun and firearms charge attorneys in Raleigh, we often defend our clients against the following weapons offenses:
- Carrying a concealed gun without a permit is a Class 2 misdemeanor, punishable by up to 60 days in jail for the first offense or a Class I felony, punishable by up to 10 months in prison for a second offense.
- Owning or possessing a gun after being convicted of a felony is a Class G felony, which can carry 25 months in prison.
- Carrying a firearm on a school property or at an extracurricular event is a Class I felony.
- Buying a firearm or having one in your possession while under a 50B restraining order is a Class H felony which is punishable by up to 20 months in prison.
- Changing or removing a serial number from a gun is a Class H felony.
Don’t face firearms charges in Raleigh without Sandman, Finn and Fitzhugh. Call (919) 845-6688 and speak with an attorney.
Federal Gun and Firearms Charges
It’s important to note that in addition to North Carolina state laws for guns and firearms, there are strict federal laws in place regarding guns and firearms. Also, any District Attorney is able to turn a state crime over to federal prosecutors, and, as there’s a greater push to reduce gun violence, we’re seeing more gun and firearms charges being prosecuted at the federal level.
In the Eastern District of North Carolina federal court, which includes Wake Country, Granville County, and counties east, 20 percent of all cases were related to firearms. The average sentence for a gun conviction is 85 months, which is why it is essential to hire a federal lawyer for these charges.
Federal Restrictions on Carrying and Owning a firearm
Federal law prohibits the following people from owning a gun. This should prevent North Carolina residents from getting a permit, but it’s important to know not to carry a gun or keep one in your possession if you fall into one of these categories:
- Are a “fugitive from justice,” meaning you’ve broken out of jail or have a warrant out for your arrest.
- Are addicted or unlawfully using narcotics or controlled substances.
- Been declared mentally incompetent or have been committed for mental health issues.
- Under indictment for a felony
- Dishonorably discharged veterans
- People who renounced U.S. citizenship
- Undocumented immigrants
- Those with a domestic violence order against them or anyone who has been convicted of domestic violence.
There are also locations you can’t carry a firearm according to federal law, and doing so can lead to arrest:
- Federal courthouses and buildings, including those owned, leased, or rented by a federal department or agency.
- Federal prisons
- National cemeteries
- Military bases (including having an unloaded, secured gun in your vehicle)
- Airports, including the Raleigh-Durham Airport
- Post offices
- Native American Reservations
This includes parking lots and outside property that is under a federal agency.
If you are arrested or charged with a federal crime related to guns or firearms, it’s important to work with attorneys who specifically work on federal cases. At Sandman, Finn, & Fitzhugh, we defend clients in state courts and in the Eastern District of North Carolina federal courts.
Contact Our Gun and Firearms Charge Attorneys in Raleigh
Have you been arrested on state or federal gun charges and need a defense attorney you can rely on? Reach out to us today at (919) 845-6688 or fill out our contact form to set up your free consultation!
Gun Charges ResourceS
- Step-by-Step Guide to Federal Court ProceduresContact the attorneys at Sandman, Finn & Fitzhugh for a FREE CONSULTATION on federal charges in Raleigh and the Eastern District of North Carolina. A Comprehensive Guide to the Legal Process in Federal Court If you have received a target letter and you are facing an investigation for a federal crime or if you have… Read more: Step-by-Step Guide to Federal Court Procedures
- Federal Firearms Charges: Everything you Need to KnowUnderstanding the Legal Implications Federal Firearms Charges The legal consequences of federal and state gun charges can be severe and life-altering. Firearms offenses are among the most common crimes prosecuted and sentenced in federal court. Federal firearms charges are generally more serious than state gun charges. Federal charges carry harsher penalties, including longer prison sentences… Read more: Federal Firearms Charges: Everything you Need to Know
- A Guide to North Carolina Open Carry LawsOpen Carry Laws in North Carolina: What You Need to Know In general, North Carolina is a friendly state relative to gun ownership. Both the state constitution and the federal constitution protect your right to have firearms. And, for the most part, North Carolina authorizes people to openly carry firearms in public with no permit… Read more: A Guide to North Carolina Open Carry Laws
- Is Jail Time Mandatory for a 1st Time Gun Charge in Wake County, NC?The U.S. Constitution guarantees the right of citizens to keep and bear arms. Both federal and state laws regulate the purchasing, selling, distribution, and possession of firearms. According to the U.S. Concealed Carry Association, there are approximately 814,000 residents who have concealed handgun permits in North Carolina. The majority of gun owners are diligent in… Read more: Is Jail Time Mandatory for a 1st Time Gun Charge in Wake County, NC?
- Difference Between Misdemeanor and Felony Gun Charges in North CarolinaIn the U.S. the Constitution and amendments give citizens the right to bear arms. Despite this right, there are many federal and state laws that control gun ownership. If you don’t abide by these laws, you can face charges that carry serious penalties. Gun charges can be either misdemeanors or felonies. Specific circumstances surrounding the… Read more: Difference Between Misdemeanor and Felony Gun Charges in North Carolina