Brandishing a Firearm in North Carolina: When Does It Become a Felony?

As a firearm owner in North Carolina, you have the right to “draw” or brandish your firearm in certain situations. However, this act can also lead to legal consequences in certain circumstances. If you face charges for brandishing a firearm, you might worry about losing your Second Amendment rights after a felony conviction. But when does this act lead to felony charges? Could a felony defense attorney in North Carolina help you?

Assault by Pointing a Gun

In North Carolina, pointing a gun at someone is generally illegal. However, assault by pointing a gun is usually a Class A1 misdemeanor rather than a felony. This means that even if you point a gun at someone, you may not get a felony conviction and subsequently lose your gun rights.

All that said, this charge could lead to felony consequences under certain circumstances. First, you could face a felony if you have prior assault convictions on your record. Secondly, you can face a felony charge if you pointed a gun at someone with “intent to kill.” Finally, you might face a felony charge if you pointed a gun at a government official, such as a police officer or firefighter.

Going Armed to the Terror of People

Another related offense is “going armed to the terror of people.” To face this charge, you do not necessarily need to point a firearm at someone else. Instead, all you need to do is arm yourself in a way that causes other people to fear for their lives. This might include “flashing” a firearm in your waistband or holster in order to intimidate them. Like assaulting by pointing a gun, this offense is also a Class A1 misdemeanor.

In certain situations, this offense could be elevated to a felony. For example, you might commit this offense during a riot, which automatically elevates the offense to a felony. Prior convictions could also elevate this misdemeanor to a felony offense.

Am I Allowed to Point a Gun in Self-Defense?

Yes, you are generally allowed to brandish, flash, point, or otherwise use a firearm in self-defense. As long as you can establish that another person represented a genuine threat to you and you feared for your safety, you may be justified in drawing your firearm. This is a defense strategy you might want to discuss with your defense attorney, and it may not be the only option available to you.

Can a North Carolina Felony Defense Lawyer Help Me?

If you face felony charges for brandishing a firearm, consider speaking with a felony defense lawyer in North Carolina. These legal professionals can guide you toward a positive outcome, regardless of whether your charges are serious or relatively light. Much is at stake in this situation, including your right to bear arms. Contact The Pritchard Firm today for further guidance about your next potential steps.

Sources: 

nccriminallaw.sog.unc.edu/2012/12/20/going-armed-to-the-terror-of-the-people/

ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_14/gs_14-34.pdf