Carrying a 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.
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 I felony. It’s important to be aware of this 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 that all it takes to make it 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 I 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.
Greensboro Carrying Concealed Gun Lawyer
What are the elements of Carrying a Concealed Gun?
- Willfully and Intentionally
- 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?
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 Carrying a Concealed Gun?
The case law states that for this charge the weapon must be concealed. 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 gun case?
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 gun 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.