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Last Modified on Nov 24, 2025
Although North Carolina is largely considered a gun-friendly state, there are laws that prohibit certain individuals from owning or possessing a firearm or taking a gun into a restricted area. Defendants accused of using a gun can face aggravated charges.
Knowing what happens if police find a gun in your car in North Carolina could be crucial for anyone facing gun-related criminal charges.
Understanding North Carolina’s Gun Laws
North Carolina’s firearm laws distinguish between lawful possession, concealed carry, and possession by prohibited individuals. Under state law, a gun may be legally kept in a car if it is not concealed or if the driver has a valid concealed handgun permit.
A firearm in a glove compartment, console, or under a seat is considered concealed, and carrying it without a permit can lead to a misdemeanor or felony charge, depending on the circumstances. Police will also check whether the person is legally allowed to possess a firearm, since North Carolina prohibits possession by felons, certain domestic-violence offenders, and individuals with disqualifying mental-health or substance-abuse histories.
If an officer believes the gun was possessed illegally, charges can include carrying a concealed weapon, unlawful possession, or possessing a firearm during another criminal offense.
By the Numbers: Gun Crime Statistics in North Carolina
Gun violence remains a major public safety issue in North Carolina. In 2023, the state recorded 1,767 firearm-related deaths. Firearms were involved in 66.8% of all violent deaths, marking a sharp indicator of their role in both fatal assaults and self-harm cases.
Common gun-related crimes in North Carolina include armed robbery, assault with a deadly weapon, illegal possession of a firearm, and felon-in-possession cases, which make up a significant portion of criminal court dockets. Prosecutors also frequently handle discharging a firearm into occupied property, a serious felony often tied to neighborhood shootings or drive-by incidents.
With a statewide violent crime rate of 4.143 per 1,000 residents, gun crimes are a common reason defendants end up at Mecklenburg County Detention Center, which is located at 801 E. 4th Street, Charlotte, NC 28202
Potential Defense Strategies for Fighting Gun Crime Charges
Being charged with a gun crime can be a stressful ordeal. With the right defense strategy, you can fight the accusations you are facing and protect your freedom. One approach could focus on arguing that you did not know the firearm was in your car or that it belonged to someone else.
Criminal intent plays a key role in many offenses, and proving that you were unaware of the presence of the firearm can potentially mitigate the penalties you are facing. If the gun is tied to a crime you are accused of committing, any steps your attorney takes to remove that aggravating factor could reduce the potential consequences of an aggravated crime conviction.
Why You Should Hire a Criminal Defense Lawyer
If you are facing gun crime charges, your top priority should be to hire a criminal defense attorney who understands North Carolina criminal defense laws. With representation from a criminal defense attorney, you benefit from their years of experience managing complex criminal defense cases.
An attorney can review your case before determining the ideal strategy for beating your charges. They can represent you in court and provide unwavering advocacy throughout your case.
FAQs
Who Is Responsible if a Gun Is Found in Your Car?
If a gun is found in your car and that leads to criminal charges or immigration challenges, the burden would be on you and your attorney to prove that you did not know about the gun or that it belonged to someone else. An attorney can review your case and listen to your account of events before developing the right legal strategy to clear your name and protect you from serious consequences.
Is It Legal to Carry a Gun in Your Car in North Carolina?
North Carolina allows a person to carry a handgun in a vehicle if they comply with state rules on open carry and concealed carry. A concealed handgun requires a valid permit unless it is stored in a closed container or in a manner permitted by statute. Firearms must be transported safely, and any failure to comply with state laws can result in serious criminal consequences.
What Happens if You Are Caught With a Gun in Your Vehicle?
The consequences of carrying a gun in your car depend on how your gun was stored and your lawful ability to possess a firearm. Failing to have the proper permit or possessing a gun following a felony conviction can lead to criminal charges. Gun possession can also lead to aggravated criminal charges if you are charged with a related crime, such as robbery or assault.
What Happens When Police Discover a Gun During a Stop?
When police discover a gun during a stop, they secure the weapon and determine whether it was legally possessed. Officers may conduct further questioning and run a background check to confirm your eligibility to possess a firearm. If the weapon is improperly stored or tied to another offense, additional charges may apply to your case. An attorney can take decisive action to protect your rights and defend you against serious criminal charges.
Can Law Enforcement Pull You Over for Any Reason?
No, law enforcement must have a lawful reason for pulling you over or detaining you. Lawful reasons could include a broken headlight, erratic driving, or a warrant attached to the vehicle. If the police did not have a valid reason to pull you over, an attorney can have any evidence collected suppressed, which can greatly support the defense.
Contact a Trusted Gun Offense Attorney in North Carolina
If you are facing gun-related charges in North Carolina, you need representation from a firm that understands how to fight gun charges through strategic representation. Whether your case involves aggravated criminal charges or unlawful possession, we can question the validity of your arrest and whether your rights were violated.
Butler, Quinn & Hochman, PLLC can help you understand your options and address any criminal or procedural issues arising from the incident. Our attorneys bring decades of experience and maintain active involvement in respected legal organizations, including the American Bar Association. Don’t delay securing the representation you need to protect your freedom. Contact our office today to schedule your consultation.
