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Carrying Concealed Weapons in Raleigh

Were you recently arrested in the Research Triangle area for allegedly carrying a concealed weapon? You should not say anything to authorities until you have legal counsel. The Coolidge Law Firm represents individuals accused of firearm and weapon offenses in Holly Springs, Raleigh, Cary, Apex, Wake Forest, Garner, and many surrounding areas of Wake County.

David Coolidge is an experienced criminal defense lawyer in Raleigh who also helps students at such local schools as Wake Technical Community College (Wake Tech), Meredith College, William Peace University, and North Carolina State University (NCSU). Call (919) 239-8448 right now to have our attorney provide a complete evaluation of your case during a free, confidential consultation.

Attorney for Carrying Concealed Weapon Arrests

Raleigh allows qualifying residents to obtain permits to carry concealed handguns and the state automatically recognizes concealed carry permits issued in other states. When a person carries a pistol, gun, or other weapon without a permit, that individual can face criminal charges.

Carrying a concealed weapon charges are often the result of police searches during routine traffic stops. In such cases, it can be tremendously important to investigate whether such searches were lawfully conducted or there was some kind of violation of the alleged offender’s constitutional rights.

Overview of Carrying Concealed Weapon Crimes in Raleigh

• Which weapons is it a crime to carry concealed in North Carolina?
• What are the possible punishments for convictions?
• Where can I find more information about carrying concealed weapons in Raleigh?

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Carrying Concealed Weapon Charges in Raleigh

Under North Carolina General Statute § 14-269(a), it is a Class 2 misdemeanor if an alleged offender willfully and intentionally carries any of the following items concealed about his or her person, except when the person is on the person’s own premises:

• Bowie knife;
• Dirk;
• Dagger;
• Slung shot;
• Loaded cane;
• Metallic knuckles;
• Razor;
• Shuriken;
• Stun gun; or
• Other deadly weapon of like kind.

North Carolina General Statute § 14-269(a1) also makes a first offense a Class 2 misdemeanor if an alleged offender willfully and intentionally carries concealed about his or her person any pistol or gun, unless that person is on the person’s own premises, the deadly weapon is a handgun and the person is carrying a valid concealed handgun permit, or the deadly weapon is a handgun and the person is a military permittee who provides to proof of deployment. Any subsequent offense involving a pistol or gun, however, becomes a Class H felony offense.

State law also provides more than 15 different groups of people (largely law enforcement and court-related employees) to whom the concealed carry prohibition does not apply. In all other cases, state law provides that it is a defense to a prosecution under North Carolina General Statute § 14-269 that:

• The weapon was not a firearm;

• The defendant was engaged in, or on the way to or from, an activity in which the defendant legitimately used the weapon;

• The defendant possessed the weapon for that legitimate use; and

• The defendant did not use or attempt to use the weapon for an illegal purpose.

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Carrying Concealed Weapon Penalties in Raleigh

Raleigh uses a “structured sentencing” method of punishing criminals that takes the prior criminal records of alleged offenders into account when determining sentences. People convicted of crimes in the Tar Heel State will receive one of three kinds of punishments: An active punishment is a term of incarceration in the state prison system, an intermediate punishment is a sentence of supervised probation that may involve other possible conditions, and a community punishment is any sentence other than an active punishment.

With misdemeanor offenses, an alleged offender is either classified under Prior Conviction Level I (no prior convictions), Prior Conviction Level II (one to four prior convictions), or Prior Conviction Level III (five or more prior convictions). Depending on the conviction level of the alleged offender, a conviction for a Class 2 misdemeanor carrying a concealed weapon offense in Raleigh may be punishable as follows:

• Prior Conviction Level I — Community punishment of up to 30 days;

• Prior Conviction Level II — Community or intermediate punishment of up to 45 days; or

• Prior Conviction Level III — Community, intermediate, or active punishment of up to 60 days.

When an alleged offender faces felony charges in Raleigh, that person may be classified into one of six different prior record levels depending on the number of points that is assigned based on his or her prior convictions. Punishments for felony offenses also divided into three different ranges: a mitigated range for cases with mitigating factors, an aggravated range for cases with aggravating factors, and a presumptive range for cases with an equal amount of or no mitigating factors and aggravating factors. Felony sentences also carry a mandatory nine-month period of post-supervision release.

Class H felony carrying a concealed weapon convictions are punishable as follows:

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North Carolina Resources for Carrying Concealed Weapon Offenses

North Carolina General Statute § 14-269 — View the full text of North Carolina’s carrying concealed weapons law. You can review the full list of individuals to whom the prohibition does not apply to under North Carolina General Statute § 14-269(a2) and North Carolina General Statute § 14-269(b).

Concealed Handguns Reciprocity | North Carolina Department of Justice (NCDOJ) — Learn more about concealed carry reciprocity on this section of the NCDOJ website. The website lists other states that recognize concealed carry permits issued in Raleigh. You can also find additional information about specific location where concealed handguns cannot be carried.

Wake County Sheriff Office Concealed Handgun Weapon (CHP) Permit Director — Visit this section of the Wake County Sheriff’s Office website to learn more about applying for concealed handgun permits. Review all requirements and download an application. You can either apply for a new permit or renew your existing one.

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Charged with Carrying a Concealed Weapon?
Speak to a Defense Lawyer in Raleigh!

If you were arrested for allegedly carrying any kind of concealed weapon in the Research Triangle area, it is in your best interest to immediately seek legal representation. The Coolidge Law Firm aggressively defends clients accused of these types of crimes in communities throughout Wake County, including Rolesville, Fuquay-Varina, Morrisville, Knightdale, Wendell, Zebulon, and many others.

Raleigh criminal defense attorney David Coolidge also represents students at local colleges such as the University of North Carolina at Chapel Hill (UNC), North Carolina State University (NCSU), Shaw University, and Duke University. He can review your case and help you understand all of your legal options when you call (919) 239-8448 or fill out a contact form below to take advantage of a free initial consultation.

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