North Carolina § 14-269 - Carrying concealed weapons.

§ 14-269. Carrying concealed weapons.

It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any pistol or gun except in the following circumstances: The person is on the person's own premises. The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14-415.11(c). The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14-415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14-415.11(a). This prohibition does not apply to a person who has a concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S. 14-415.25, provided the weapon is a handgun, is in a closed compartment or container within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by State government. A person may unlock the vehicle to enter or exit the vehicle, provided the handgun remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit. This prohibition shall not apply to the following persons: Officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; Civil and law enforcement officers of the United States; Officers and soldiers of the militia and the National Guard when called into actual service; A member of the North Carolina National Guard who has been designated in writing by the Adjutant General, State of North Carolina, who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24, and is acting in the discharge of his or her official duties, provided that the member does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the member's body. Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties; Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24; provided that the person shall not carry a concealed weapon at any time while in a courtroom or while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The district attorney, assistant district attorney, or investigator shall secure the weapon in a locked compartment when the weapon is not on the person of the district attorney, assistant district attorney, or investigator. Notwithstanding the provisions of this subsection, a district attorney may carry a concealed weapon while in a courtroom; Any person who is a qualified retired law enforcement officer as defined in G.S. 14-415.10 and meets any one of the following conditions: Is the holder of a concealed handgun permit in accordance with Article 54B of this Chapter. Is exempt from obtaining a permit pursuant to G.S. 14-415.25. Is certified by the North Carolina Criminal Justice Education and Training Standards Commission pursuant to G.S. 14-415.26; Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that: (i) the firearm is in a closed compartment or container within the locked vehicle, or (ii) the firearm is in a locked container securely affixed to the vehicle; Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on the person of the judge or magistrate; Any person who is serving as a clerk of court or as a register of deeds and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The clerk of court or register of deeds shall secure the weapon in a locked compartment when the weapon is not on the person of the clerk of court or register of deeds. This subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds; Sworn law-enforcement officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body; State probation or parole certified officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body. A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department, who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24, and has in the person's possession written proof of the designation by the Secretary of the Department, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. Any person who is an administrative law judge described in Article 60 of Chapter 7A of the General Statutes and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. State correctional officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body. If the concealed weapon is a handgun, the correctional officer must meet the firearms training standards of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. It is a defense to a prosecution under this section that: The weapon was not a firearm; The defendant was engaged in, or on the way to or from, an activity in which the defendant legitimately used the weapon; The defendant possessed the weapon for that legitimate use; and The defendant did not use or attempt to use the weapon for an illegal purpose. It is a defense to a prosecution under this section that: The deadly weapon is a handgun; The defendant is a military permittee as defined under G.S. 14-415.10(2a); and The defendant provides to the court proof of deployment as defined under G.S. 14-415.10(3a). Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense and a Class H felony for a second or subsequent offense. A violation of subsection (a1) of this section punishable under G.S. 14-415.21(a) is not punishable under this section. This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, "ordinary pocket knife" means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action. The burden of proving this defense is on the defendant. History (Code, s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1-3; 1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997-238, s. 1; 2003-199, s. 2; 2005-232, ss. 4, 5; 2005-337, s. 1; 2006-259, s. 5(a); 2009-281, s. 1; 2011-183, s. 127(a); 2011-243, s. 1; 2011-268, s. 3; 2013-369, ss. 1, 21, 25; 2014-119, s. 12(a); 2015-5, s. 1; 2015-195, s. 1(a); 2015-215, s. 2.5; 2015-264, s. 3; 2017-186, s. 2(hh).) Local Modification. - Caswell: 1941, c. 90; Halifax: 1943, c. 34. Cross References. - As to going armed on Sunday, see G.S. 103-2 . Editor's Note. - Session Laws 2011-268, which, in s. 3, amended this section by adding "and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14-415.11(c) " in subdivision (a1)(2), and adding subdivisions (b)(4a) through (b)(4c), provided in s. 26: "This act becomes effective December 1, 2011, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2013-369, s. 28, provides: "Sections 1 through 6, 14 through 16, 18, 21, 23, 25, and 26 of this act become effective October 1, 2013, and apply to offenses committed on or after that date. Section 17.3 and this section are effective when they become law. Section 27 of this act becomes effective October 1, 2013, and applies to any judgment entered for a felony conviction on or after that date. Except as otherwise provided in this act, the remainder of this act becomes effective October 1, 2013. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2014-119, s. 12(b), made the amendment to subsection (c) by Session Laws 2014-119, s. 12(a), applicable to offenses committed on or after December 1, 2014. Session Laws 2015-5, s. 2, provides, in part: "Prosecutions for offenses committed before the effective date of this act [December 1, 2015] are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-195, s. 18, made the amendment to this section by Session Laws 2015-195, s. 1(a), applicable to offenses committed on or after July 1, 2015, and further provided that: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-264, s. 91.7 contains a severability clause. Effect of Amendments. - Session Laws 2005-232, ss. 4 and 5, effective July 28, 2005, added subdivision (a1)(3) and subsection (b2). Session Laws 2005-337, s. 1, effective August 26, 2005, in subdivision (b)(2), deleted "while in the discharge of their official duties" following "States"; and rewrote subdivision (b)(5). Session Laws 2006-259, s. 5(a), effective October 1, 2006, substituted "any county, city, town, or company police agency charged" for "any county, city, or town, charged" in subdivision (b)(4). Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard" in subdivision (b)(3). Session Laws 2011-183, s. 127(a), effective June 20, 2011, substituted "Armed Forces" for "armed forces" in (b)(1). Session Laws 2011-243, s. 1, effective December 1, 2011, added subdivision (b)(6). Session Laws 2011-268, s. 3, effective December 1, 2011, added "and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14-415.11(c) " in subdivision (a1)(2); and added subdivisions (b)(4a) through (b)(4c). For applicability, see Editor's note. Session Laws 2013-369, ss. 1, 21, and 25, effective October 1, 2013, added subsection (a2); rewrote the introductory language of subdivision (b)(4b), which formerly read "Any person who meets all of the following conditions"; deleted former sub-subdivision (b)(4b)a. which read: "Is a qualified retired law enforcement officer as defined in G.S. 14-415.10 " and redesignated former sub-subdivision (b)(4b)b. as present sub-subdivision (b)(4b)a.; added present sub-subdivision (b)(4b)b.; and added subdivisions (b)(4d) and (b)(4e). For applicability, see editor's note. Session Laws 2014-119, s. 12(a), effective December 1, 2014, in subsection (c), substituted "offense and a Class H felony for a second or subsequent offense." for "offense. A second or subsequent offense is punishable as a Class I felony"; and added the last sentence. See Editor's note for applicability. Session Laws 2015-5, s. 1, effective December 1, 2015, added subdivision (b)(9). For applicability, see editor's note. Session Laws 2015-195, s. 1(a), effective July 1, 2015, added the last sentence of subdivision (b)(4a); and added subdivisions (b)(7) and (b)(8). For applicability, see editor's note. Session Laws 2015-215, s. 2.5, effective August 18, 2015, added subdivision (b)(3a). Session Laws 2015-264, s. 3, effective October 1, 2015, inserted "or her" following "his" in subsections (a) and (a1); substituted "shuriken" for "shurikin" in subsection (a); and substituted "the defendant" for "he" in subdivision (b1)(2). Session Laws 2017-186, s. 2(hh), effective December 1, 2017, inserted "and Juvenile Justice" in the second sentence of subdivision (b)(9). Legal Periodicals. - For note on control of firearms, see 35 N.C.L. Rev. 149 (1956). For article, "When 'It Depends' Isn't Good Enough: The Problems Caused by the Supreme Court of North Carolina's Decision in State v. Mbacke," see 91 N.C.L. Rev. 1404 (2013). For article, "Heller After Ten Years: Foreword," see 40 Campbell L. Rev. 299 (2018). For article, "Style, Substance, and the Right to Keep and Bear Assault Weapons," see 40 Campbell L. Rev. 301 (2018). For article, "The First Congressional Debate on Public Carry and What It Tells Us About Firearm Regionalism," see 40 Campbell L. Rev. 335 (2018). For article, "Heller in the Lower Courts," see 40 Campbell L. Rev. 399 (2018). For article, "Heller and Public Carry Restrictions," see 40 Campbell L. Rev. 431 (2018). For article, "Heller and 'Assault Weapons'," see 40 Campbell L. Rev. 461 (2018). For comment, "When One Word Changes Everything: How the Unitary Concept Dismantles the Basis of Terry Frisks," see 97 N.C.L. Rev. 192 (2018).