Concealed Gun Charges Defense Attorney in Greensboro, NC
Table of Contents
Section | Content |
---|---|
1. Detailed Explanation of North Carolina Concealed Gun Laws | Overview of the requirements and statutes governing concealed carry in North Carolina. |
2. Penalties for Carrying a Concealed Gun Without a Permit | Details on misdemeanor and felony charges, including potential fines and jail time. |
3. Defenses Against Concealed Gun Charges | Common legal defenses used to fight concealed gun charges. |
4. Greensboro-Specific Information | Local enforcement practices and recent cases in Greensboro. |
5. Local Legal Resources | Information on local gun safety courses, permit applications, and community organizations. |
6. FAQs Section | Answers to frequently asked questions about concealed carry in Greensboro. |
7. Client Testimonials and Case Studies | Testimonials and case studies showcasing successful defenses. |
8. Contact Information | Contact details for Garrett, Walker, Aycoth & Olson in Greensboro. |
Detailed Explanation of North Carolina Concealed Gun Laws
In North Carolina, carrying a concealed weapon is regulated under specific statutes. To legally carry a concealed handgun, individuals must obtain a permit through the local sheriff’s office. The requirements include:
- Background Check: Applicants must pass a thorough background check to ensure they have no disqualifying criminal history.
- Training Course: Completion of a state-approved firearms safety and training course is mandatory in order to carry a concealed gun in public in North Carolina.
- Fees: There are associated fees for both the application and the training course.
For more detailed information on the legal statutes, refer to the North Carolina General Statutes, Chapter 14, Article 54B.
Penalties for Carrying a Concealed Gun Without a Permit
Carrying a concealed gun without the necessary permit in North Carolina can lead to severe penalties. These include:
- Misdemeanor Charges: For a first offense, it is typically charged as a Class 2 misdemeanor, which can result in up to 60 days in jail and a fine.
- Felony Charges: Repeat offenses or carrying a concealed gun in prohibited places can escalate the charge to a Class H felony, carrying a penalty of 4 to 25 months in prison.
Understanding these penalties is crucial for anyone charged with carrying a concealed gun without a permit.
Defenses Against Concealed Gun Charges
Facing a concealed gun charge can be daunting, but several defenses may be applicable:
- Lack of Knowledge: Demonstrating that the accused was unaware of the gun’s presence.
- Constitutional Rights: Arguing violations of the Second Amendment or improper conduct by law enforcement.
- Permissible Circumstances: Showing that the situation falls under exceptions allowed by law, such as transporting the firearm for a lawful purpose.
Our experienced attorneys will assess your case to determine the most effective defense strategy.
Greensboro-Specific Information
In Greensboro, concealed carry laws are strictly enforced. Here’s what you need to know:
- Local Enforcement: Greensboro law enforcement takes a proactive approach to enforcing concealed carry laws. Understanding local procedures can be beneficial in building your defense.
- Recent Cases: We stay updated on recent cases in Greensboro involving concealed carry charges to provide the most current and effective defense strategies.
Local Legal Resources
For those in Greensboro seeking to understand or comply with concealed carry laws, the following resources can be invaluable:
- Gun Safety Courses: Local courses are available at Calibers and Triad Firearms Academy.
- Permit Applications: Apply for your concealed carry permit through the Guilford County Sheriff’s Office.
- Community Organizations: Groups like the North Carolina Firearms Coalition offer support and information on gun laws and rights.
FAQs Section
Frequently Asked Questions About Concealed Carry in Greensboro, NC
What are the requirements for obtaining a concealed carry permit in Greensboro?
To obtain a concealed carry permit, you must pass a background check, complete a state-approved training course, and pay the required fees.
What should I do if I’m charged with carrying a concealed gun without a permit?
Contact an experienced criminal defense attorney immediately to discuss your case and possible defenses.
Can I legally carry a concealed weapon in my car without a permit in North Carolina?
Yes. But remember without a concealed weapons permit the gun must be in plain view. This means not under the seat, on the side of the seat, not in the center console or glovebox. North Carolina law has specific provisions regarding the transportation of firearms in vehicles. It’s important to understand these regulations to avoid legal issues.
Client Testimonials and Case Studies
Client Testimonials:
“I was charged with carrying a concealed weapon without a permit, and Garrett, Walker, Aycoth & Olson helped me avoid jail time. Their knowledge of the law and local enforcement practices was invaluable.” – John D.
Case Studies:
Case Study 1:
Successfully defended a client charged with a Class H felony for carrying a concealed weapon in a restricted area. The charges were reduced, and the client avoided imprisonment.
Contact Information
If you are facing concealed gun charges in Greensboro, NC, don’t wait. Contact Garrett, Walker, Aycoth & Olson for a consultation and let our experienced attorneys defend your rights.
Local Contact Information:
Garrett, Walker, Aycoth & Olson, Attorneys at Law
Address: 317 S. Greene St, Greensboro, NC 27401
Phone: 336-379-0539
Email: office@gwa-law.com
Concealed Gun Lawyer Greensboro, NC
Carrying a concealed gun is an interesting charge in North Carolina because it has multiple levels to it depending on your prior history. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our top rated concealed weapons lawyers understand the nuances of carrying a concealed gun and the steps that need to be taken to protect you and your rights.
- What level crime is Carrying a Concealed Gun?
- Can I get jail time for Carrying a Concealed Gun?
- What are the elements of Carrying a Concealed Gun in North Carolina
- Do I have to have the Intent to Use the Gun to be Convicted of Carrying a Concealed Gun in Greensboro, NC?
- What does Concealed mean for Concealed Gun charges?
- Does partially concealed equal concealment for concealed weapon charges?
- Does the Concealed Firearm need to be on me?
- GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
- Greensboro Concealed Gun Lawyer Google Review
What level crime is a Carrying a Concealed Gun Charge?
The first time you’ve been charged with carrying a concealed gun, it’s a Class 2 Misdemeanor. However, if you’re convicted of a prior carrying a concealed gun charge and then you are charged with another concealed gun after then this will make it a Class H felony. It’s important to be aware of this distinction as some would think a felony carrying a concealed gun had to do with a person’s actions at the time being charged, but the reality is all it takes to make a concealed gun charge a felony is a prior carrying concealed gun conviction.
Can I get jail time for Carrying a Concealed Gun?
The quick answer is yes, jail time is possible, however, the possibility of jail time will depend on your prior record level. This means the Judge will look at how many prior conviction dates you have on your record. Our carrying a concealed gun lawyers in Greensboro, NC, are typically able to keep our clients from being jailed as a result of a carrying concealed gun charge. The maximum sentence for a misdemeanor carrying concealed gun charge is 60 days. But in order to have the worst record level possible this would require five prior conviction dates. A first offender can get up to 30 days in jail, but only after a violation or the terms of probation or something along those lines. If you’re a level 2 for misdemeanor sentencing purposes you can get up to 45 days in jail. And then if this is your second offense for a concealed gun, it’s a Class H felony, and you also face the prospect of jail depending on your prior record level. Our concealed gun lawyers do everything they can to keep our clients from going to jail regardless of their prior record level.
Charged with Carrying Concealed Gun
What are the elements of Carrying a Concealed Gun in North Carolina?
- Willfully and Intentionally
- Carries
- Concealed About His or Her Person
- A Pistol or Gun
- While Off His or Her Own Premises AND
- If the weapon is a handgun, the person doesn’t have a concealed carry permit or has a concealed carry permit but is not carrying the handgun validly.
- If the weapon is a handgun, person is not allowed to carry a handgun as member of our military and permitted to do so.
Do I have to have the Intent to Use the Gun to be Convicted of Carrying a Concealed Gun in Greensboro, NC?
No, you do not to have an intent to use the gun, only to willfully and intentionally carry or possess the firearm. Willful just means it’s done on purpose. The gun is concealed on purpose and this can be inferred from the circumstances in a carrying concealed gun case.
What does Concealed mean for Concealed Gun Charges?
The case law states that for this charge the weapon must be concealed and not in plain view. Meaning if it’s carried openly, it’s not a concealed gun.
Carrying Concealed Gun Attorney Guilford County, NC
Does partially concealed equal concealment for a concealed weapon charges?
A weapon is probably not concealed if it’s partly exposed and can be seen. However, partially exposed or partial concealment is a question for a judge or jury. North Carolina case law has sided both for and against people who have a gun that is partially under a jacket, in a pocket, etc.
Does the concealed firearm have to be on me?
No, concealment can be about the person or in a position near you that provides ready access for use, if needbe. The classic situation, is a gun found under the driver’s seat of a car within the reach and under the control of the person driving. Proximity is a key fact here though because readily being able to access the gun is important. For instance a gun under the back seat, is a bit more problematic for the state to prove you were carrying a concealed gun because the gun was not readily able to be accessed by the driver of the car
GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
317 S. GREENE ST, GREENSBORO, NC 27401
Concealed gun charges are nothing to play around with and our top rated concealed weapon lawyers in Greensboro, NC are here to help you. Whether the gun was actually concealed, and if the gun was concealed, and you need a way to mitigate the serious of the criminal charges, Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law today!
This is why you should contact our – Guilford County & Randolph County – Greensboro, High Point & Asheboro Lawyers to help with your Firearm Hold today.
Call us at (336) 379-0539 to schedule a free, in-depth consultation with our experienced lawyers.
Greensboro Concealed Gun Lawyer Google Reviews:
Client Review
“Honestly this is the Best lawyer for hard to win cases. If your down bad on your luck and have a case that looks like you’ll be doin immediate jail time Aycoth is your guy. I hired him on a Felony Possesion Firearm and Multiple Assault with Deadly Weapon Offenses and I was acquitted of all Charges. Give this man a call.” December 15, 2021
5/5 Stars