Stowe Law Firm defends your rights with precision, preparation, and purpose. Whether it is a simple concealed carry charge or a complex federal firearm case, we fight to protect your freedom and your future.
Understanding North Carolina Gun Laws
Gun laws in North Carolina are governed primarily by Chapter 14, Article 35 of the North Carolina General Statutes. These laws define where, when, and how firearms can be possessed or carried, and who is legally allowed to have them.
- §14-269 — Carrying concealed weapons
- §14-415.1 — Possession of firearm by a felon
- §14-269.2 — Weapons on educational property
- §14-269.3 — Firearms where alcohol is sold and consumed
- §14-269.4 — Weapons on state property and courthouses
- §14-269.7 — Possession by minors
These state laws operate alongside federal statutes such as 18 U.S.C. §922(g), which prohibits certain people, including convicted felons, from possessing firearms or ammunition.
Common Gun Charges We Defend
Every gun case is unique, but many fall into familiar categories. Below are common firearm offenses and gun related charges with statutes and potential penalties.
| Charge | Statute | Description | Penalty |
|---|---|---|---|
| Possession of Firearm by a Felon | §14-415.1 | Felons cannot possess, purchase, or control a firearm or ammunition. | Class G Felony, up to 47 months |
| Carrying Concealed Without a Permit | §14-269 | Illegal to conceal a handgun without a valid permit or exception. | Class 2 Misdemeanor |
| Possession on School Grounds | §14-269.2 | Firearms are prohibited on school property, including parking lots. | Class I Felony |
| Possession Where Alcohol Is Sold | §14-269.3 | Bars, clubs, and restaurants that serve alcohol are restricted areas. | Class 1 Misdemeanor |
| Discharging a Firearm into Occupied Property | §14-34.1 | Firing into an occupied dwelling, vehicle, or structure. | Class E or D Felony |
| Altering or Removing Serial Numbers | §14-160.2 | Possessing or selling a weapon with an altered serial number. | Class H Felony |
Even a misdemeanor conviction can impact your record, employment, and ability to obtain future permits. A felony conviction can permanently strip your right to possess a firearm under both state and federal law.
Local Firearm Ordinances: Discharging a Firearm in City Limits (Salisbury, NC)
Not every firearm charge comes from state or federal law. Many begin with local ordinances that carry real criminal consequences. Cities and towns across North Carolina restrict when and where you can legally fire a weapon.
In Salisbury, it is unlawful to discharge any firearm within the city limits, except in limited circumstances such as lawful defense, by law enforcement, or within approved shooting ranges.
Under Salisbury Code of Ordinances §13-31, firing a gun inside city limits, even accidentally, can result in criminal charges, fines, and possible jail time. Police respond quickly to shots fired calls, and prosecutors in Rowan County District Court often pursue these cases even when no one is injured.
Common Scenarios That Lead to Charges
- Target practice in a backyard within city limits
- Celebratory gunfire on holidays or during events
- Firing to scare off an animal or trespasser
- Negligent or accidental discharge while cleaning a firearm
Penalties and Consequences
- Charged as a Class 3 misdemeanor
- Up to 20 days in jail depending on record level
- Fines and court costs
- Possible seizure of the firearm used
- Negative effect on concealed carry eligibility or other pending charges
What might feel like a minor city ordinance can grow into a serious case if there is property damage, a noise complaint, or a prior conviction.
Defending a Salisbury Discharge Case
We challenge how police determined the location of the discharge, whether the weapon was actually fired, and whether any legal exception applies. For first time offenders or accidental discharges, we often negotiate for dismissals or deferred outcomes to protect your record.
If you are charged with discharging a firearm in Salisbury or anywhere in Rowan County, you need a defense that understands both local law and state firearm statutes.
Common Defenses to Firearm Charges
- Unlawful Search and Seizure: Was the stop legal under the Fourth Amendment
- Constructive Possession: Proximity alone does not prove control or ownership
- Miranda Violations: Statements taken without a proper warning may be suppressed
- Lack of Knowledge: The state must prove knowing possession
- Restoration of Rights: Rights restored or prior conviction expunged may defeat elements of §14-415.1
- Invalid Warrants or Police Overreach: Evidence obtained illegally should be excluded
Every defense begins with precision. We question everything from the reason for the stop to the chain of custody on the weapon.
State vs. Federal Firearm Offenses
Some firearm cases are prosecuted in federal court under 18 U.S.C. §922(g). These often involve felons, interstate transport, or use of a firearm during a federal offense. Federal penalties can be severe under the U.S. Sentencing Guidelines. Our firm handles both state and federal firearm cases and coordinates a unified defense strategy.
Sentencing and Penalties
North Carolina uses structured sentencing that considers two factors: the class of the offense and your prior record level.
- Felonies are Class A through I. Misdemeanors are Class A1 through 3.
- Prior Record Level I through VI is based on prior convictions.
- Aggravating factors can raise a sentence. Mitigating factors can reduce a sentence.
Example: A person charged with possession of a firearm by a felon, a Class G felony, could face up to 47 months in prison if they were a prior record level VI.
Restoration of Gun Rights in North Carolina
Some people may qualify to restore firearm rights under N.C.G.S. §14-415.4.
- Only one nonviolent felony
- All terms of sentence completed
- Twenty years have passed without new convictions
- Good character can be shown
We can review your record to determine if restoration or expungement is possible.
Why Choose Stowe Law Firm for a Gun Charge?
- Local court experience and relationships
- Proven results in felony defense
- Client centered communication
- Strategic, creative defense built for your future
Talk to a North Carolina Firearm Defense Lawyer
If you are facing a firearm charge, from a local Salisbury ordinance to a state or federal felony, do not face it alone. Contact Stowe Law Firm for a confidential consultation. We will explain your rights, evaluate your options, and start building your defense.
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