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Criminal Defense
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Personal Injury
Raleigh Weapons Charges Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Gun and weapons charges in North Carolina can result in felony convictions and the loss of your rights. Schedule a confidential consultation with an experienced Raleigh defense attorney to discuss your case and options for restoring your rights.
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The Second Amendment protects your rights—but one mistake with a firearm can cost you everything.
At DeMent Askew Johnson & Marshall, we defend good people caught in North Carolina’s complex web of weapons laws. We know the fear of facing these charges—and we know how to fight back when your freedom and constitutional rights are on the line.
One weapons charge can change your life. The defense you choose will determine your future.
Weapons charges in North Carolina range from simple permit violations to serious felonies. While the Second Amendment protects your right to bear arms, state law places strict limits on how, where, and who can carry weapons. Even law-abiding citizens can face criminal charges for honest mistakes.
Common weapons violations include:
What many people don’t realize: North Carolina doesn’t just regulate guns. Charges can involve knives, brass knuckles, tasers, and even everyday items used as weapons.
Not all weapons charges are created equal. Some result in fines or probation—others mean years in prison and lifetime consequences. Here’s what you’re really facing with North Carolina’s most serious weapons charges.
If you have any felony conviction on your record, possessing a firearm becomes a serious crime. It doesn’t matter if the original felony was non-violent or decades old. One traffic stop with a gun in your car could mean:
First offense carrying concealed without a proper permit is typically a Class 2 misdemeanor (up to 60 days jail). But if you have a prior conviction and the weapon is a pistol or gun, it jumps to a Class I felony—meaning up to 24 months in prison.
Knowingly bringing any firearm onto educational property—including parking lots—is a felony carrying 3 to 24 months imprisonment. If you discharge that firearm, it becomes a Class F felony with 10 to 41 months in prison.
Shooting into an occupied building is a Class E felony (15 to 63 months). If it’s an occupied home or moving vehicle, it’s a Class D felony (38 to 160 months). If someone gets seriously hurt, you’re facing a Class C felony—44 to 182 months in prison.
These charges carry prison sentences measured in years, not months. The specific facts of your case—your history, the circumstances, the prosecutor’s approach—will determine where you fall within these ranges.
A weapons conviction doesn’t end with your sentence. The collateral damage can last a lifetime:
These collateral consequences often hurt more than the criminal penalties. They affect where you can live, how you make a living, and your fundamental rights as an American.
Every weapons case is different, but effective defenses exist. At DeMent Askew Johnson & Marshall, we examine every angle:
Was the search that found the weapon legal? Did police have probable cause? We challenge illegal searches and seizures that violate your Fourth Amendment rights.
You can’t be convicted of carrying concealed if you didn’t know the weapon was there. We’ve successfully defended clients who unknowingly had weapons in borrowed vehicles or bags.
Sometimes, carrying a weapon illegally is justified by immediate threats to safety. We present evidence of why you needed protection.
For felon-in-possession cases, we explore whether your rights were actually restored through previous legal proceedings.
Prosecutors must prove every element. Was the weapon actually “concealed”? Were you truly on school property? Details matter in weapons cases.
First-time offenders may qualify for programs that avoid conviction. We negotiate for reduced charges that preserve gun rights.
Prosecutors want you to believe conviction is inevitable. It’s not. Strong defenses exist for weapons charges—you just need an attorney who knows how to use them.
A weapons charge threatens more than jail time—it endangers your constitutional rights, career opportunities, and family security. Every decision you make now impacts whether you’ll legally own a firearm again.
At DeMent Askew Johnson & Marshall, we combine decades of criminal defense experience with deep knowledge of North Carolina weapons laws. We’ve successfully defended concealed carry violations, felon-in-possession charges, and serious weapons felonies throughout Wake County.
Don’t let one mistake cost you everything. Call us now for a confidential consultation. Let us fight for your rights while you focus on your future. The sooner we start building your defense, the more options we’ll have to protect what matters most.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
The maximum depends on the specific charge and your criminal history. Misdemeanor weapons charges carry up to 150 days in jail. Felony charges range from 24 months for Class I felonies to over 15 years for Class C felonies like shooting into occupied dwellings. Federal gun charges can add decades to state sentences.
It depends on your situation. If you have a valid concealed carry permit and forgot to notify an officer, you might face a citation. If you’re a convicted felon with a gun, expect immediate arrest and felony charges. Most scenarios fall between these extremes—the outcome depends on factors like your criminal history, where you were caught, and whether you have proper permits.
Possibly, but it’s complicated. If charges are dismissed or you’re found not guilty, you can petition for the return of your weapon. With misdemeanor convictions, you may eventually get firearms back. Felony convictions mean permanent loss unless you successfully petition for rights restoration—a complex process requiring an attorney’s help.
Yes, but the process is challenging. Options include expungement (for eligible non-violent felonies after 10 years), petitioning the court for restoration (after 20 years for non-violent felonies), or filing a civil lawsuit challenging the constitutional denial of your rights. Each path has specific requirements and isn’t guaranteed to succeed.
North Carolina has reciprocity agreements with many states, but not all. Even with a valid out-of-state permit, you must follow North Carolina laws about where you can carry and notification requirements. Ignorance of our specific laws isn’t a defense if you’re charged.
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