Mecklenburg County Concealed Weapon/ Possession of a Firearm by a Felon Attorney (888) 543-2427
To be convicted of carrying a concealed weapon, pistol, or gun, the law requires that the person conceal the weapon in a vehicle or on their person. The concealed element requires the weapon to be accessible to the person, allowing them the ability to reach for it easily. Thus, if the weapon was locked in the trunk, the District Attorney could not convict the defendant under this law. Also, if the weapon was in plain view or sat on the seat of the vehicle, it would not be considered concealed. In fact, if the weapon is on a holster on the person’s hip, they would not be guilty of this offense because the weapon could be seen by others and is therefore not concealed. A first time offense of carrying a concealed weapon is charged as a Class 2 misdemeanor. If the accused has been convicted of this offense before, carrying a concealed weapon or pistol can be charged as a Class I felony in North Carolina.
A person can be accused of possession of a firearm by a felon when they have been previously convicted of a felony in North Carolina, or convicted of a felony anywhere in the United States, and they purchase, own, or possess a firearm or weapon. This crime is punishable as a Class G felony. Here, there is no requirement that the weapon be concealed. However, the prosecution must show the defendant had either constructive or actual possession of the firearm. For example, in one case where the accused was convicted and appealed his case; the court found insufficient evidence to prove that the accused ‘possessed’ the firearm when it was found in a car that wasn’t registered to the accused and the firearm was registered to someone else.
Please contact Ms. Ibsen regarding any concealed weapon or possession of a firearm by a felon case in Mecklenburg or the Charlotte/surrounding area at (888) 543-2427.