Trivino’s 2-cents: Here...hold my gun- or don’t
Lately, I’ve been seeing more cases in Mecklenburg County District Court for misdemeanor gun charges.
You’re probably asking yourself, why? Isn’t North Carolina an Open Carry state. Sure it is. But it is not that straightforward. Here’s the breakdown and my 2-cents:
First things first, if you have any felony convictions on your record, then you are not legally allowed to possess a gun. In fact, you aren’t even allowed to be around a gun that you could possibly get in your possession.
If you have no felony convictions, then keep reading.
North Carolina is an “Open Carry” state. This means that anyone 18-years-old or older can possess a gun without a permit, and they can carry the gun in public places, with some exceptions- like bars, county buildings, and airports. So, hypothetically, if you’re older than 18, and you have no felony convictions, and you have no court-orders restricting you from possessing a gun, then you can legally walk down the street holding a gun. BUT, the gun must be visible to the people around you.
How can you keep the gun visible?
Well, here are a few examples:
wear a gun holster on your hip, like a cowboy/cowgirl
carry the gun in your hand, but DON’T point the gun at anyone unless you want to catch a charge for “Assault by pointing a gun”
if the police pull you over when you’re in car (you’re either the driver or a passenger) make sure you put the gun on the dashboard BEFORE the police walk up to the car. And immediately tell the police that your gun is on the dashboard. Don’t wait for them to ask.
-If your gun is in the car’s glovebox, or if its under a seat, or if its in a bag/book bag then you’re breaking the “Open Carry” law, which means the police will arrest you or write you a citation for “Carrying a Concealed Gun.” The only exception is if you have a valid “Carrying Concealed Gun Permit” a/k/a CCG Permit.
Don’t confuse a CCG permit with a permit to purchase a gun. They are not the same.
Just because the gun is registered in your name does not mean that you have a CCG permit. They are not the same.
If you want to apply for a CCG permit, check out this website to the Mecklenburg County Sheriff’s office: https://mcso.permitium.com/ccw/start
Here are a few examples of what NOT to do when you are out in the public with a gun:
keep the gun in your purse or book-bag
hide the gun under the seat in a car
tuck the gun into the waistband of your pants
put the gun in your pocket
forget to take your gun out of your bag when you are going through TSA at the airport
smoke weed in your car, which gives police probable cause to search your car, which may result in the police finding a gun in the car
If the police arrested you or gave you a citation for “Carrying Concealed Gun” then contact my office. Don’t go to court alone. Don’t try to fight the case on your own.
Contact the office, Monday - Friday, from 9:00am to 5:00pm
call/text 704-413-1344
email: Jtrivino@trivinolaw.com
Disclaimer: The information in this blog is not legal advice. Instead, the information in this blog are the thoughts and opinions of Jaylene Trivino, Esq.
Contract Trivino Law PLLC if you need legal advice.