By Ryan Willis Law PLLC — Raleigh criminal defense & federal trial practice

If you or a family member is facing a gun charge in Raleigh, Wake County, or anywhere in the Eastern District of North Carolina (EDNC), it matters a lot whether the case is in North Carolina state court or federal court. The laws, elements, possible penalties, and even the way cases are sentenced can look very different. Below is a practical, plain-English guide to the most common firearm offenses under North Carolina law and federal law, how they overlap, and where they diverge.

About our experience: I try firearms cases in both North Carolina state court and federal court and have obtained two federal not-guilty verdicts in § 922(g) (felon-in-possession) jury trials.

Quick Big-Picture Differences

• Who prosecutes?
  
  • State: District Attorney in the county where it happened.
    
  • Federal: U.S. Attorney’s Office in the Eastern District of North Carolina, which covers 44 counties and holds court in Raleigh, Wilmington, Greenville, New Bern, Fayetteville, and Elizabeth City. (US Courts)
    
• Can both state and feds charge the same incident? Sometimes, yes. The Supreme Court’s “dual-sovereignty” rule allows both prosecutions in certain circumstances. (Supreme Court, Legal Information Institute)
  
• Sentencing exposure: Federal cases often carry mandatory minimums and the U.S. Sentencing Guidelines; state cases use North Carolina’s structured sentencing grid.

Most Common Federal Firearm Charges (and Why They’re Serious)

1. Prohibited person in possession — 18 U.S.C. § 922(g)
   Applies to people in “prohibited” categories (e.g., prior felony, certain domestic-violence convictions or orders, unlawful drug use, etc.). The government must prove you knew your prohibited status (for felons, knew you were a felon) — a key rule from Rehaif v. United States. Penalty up to 15 years after 2022 amendments. (Legal Information Institute)
   
2. Guns + drugs/violence — 18 U.S.C. § 924(c)
   Using/carrying a firearm during a crime of violence or drug-trafficking crime, or possessing a firearm “in furtherance” of it, adds a mandatory minimum (often 5 years, consecutive to everything else) that can climb higher. (Legal Information Institute)
   
3. Obliterated/altered serial number — 18 U.S.C. § 922(k)
   Possession of a gun with a removed/altered serial number (that moved in interstate commerce) is a federal felony. (Legal Information Institute)
   
4. False statements / straw purchases — 18 U.S.C. § 922(a)(6); new standalone crimes of straw purchasing & trafficking — 18 U.S.C. §§ 932–933.
   Lying on a gun-purchase form or buying for someone else can be charged alone or alongside other offenses. (Legal Information Institute, North Carolina General Assembly)
   
5. Armed Career Criminal Act (ACCA) enhancement — 18 U.S.C. § 924(e)
   If a § 922(g) defendant has three prior “violent felony” or “serious drug” convictions (on different occasions), ACCA triggers a 15-year mandatory minimum. (Legal Information Institute, FAS Project on Government Secrecy)
   

Constitutional notes: After Bruen (2022), courts analyze gun laws against “historical tradition.” In 2024, the Supreme Court upheld § 922(g)(8) (domestic-violence restraining order) in Rahimi, clarifying how Bruen applies. (Supreme Court)

Most Common North Carolina Firearm Charges

1. Possession of firearm by a felon — G.S. 14-415.1
   A Class G felony to possess a firearm after a felony conviction (with limited exceptions and a separate restoration statute). (North Carolina General Assembly)
   
2. Carrying a concealed handgun without a permit — G.S. 14-269(a1)
   Generally a Class 2 misdemeanor for a first offense; Class I felony for a second/subsequent offense. (Certain defenses/exceptions can apply.) (North Carolina General Assembly, ncape.net)
   
3. Weapons on educational property — G.S. 14-269.2
   Bringing a firearm onto school or campus property is typically a Class I felony; willful discharge on educational property is a Class F felony. (North Carolina General Assembly)
   
4. Weapons into assemblies & places where alcohol is sold/consumed — G.S. 14-269.3
   Generally a Class 1 misdemeanor (with listed exceptions, including certain permit holders and posted-premises rules). (North Carolina General Assembly)
   
5. Weapons on certain State property and in courthouses — G.S. 14-269.4
   Typically a Class 1 misdemeanor (with limited exceptions). (North Carolina General Assembly, North Carolina Courts)
   
6. Weapons at parades, picket lines, or demonstrations — G.S. 14-277.2
   Class 1 misdemeanor (nuanced permit/exception rules apply). (North Carolina General Assembly)
   
7. Discharging a firearm into occupied property — G.S. 14-34.1
   A serious offense: usually a Class E felony; becomes Class D (occupied dwelling/vehicle in operation) and Class C if serious bodily injury results. (North Carolina General Assembly)
   

Permit updates: North Carolina repealed the pistol purchase-permit requirement in 2023; purchases from dealers now rely on federal NICS checks. (AP News, Catawba County)

Concealed carry status (as of Sept. 3, 2025): A proposal to allow permitless concealed carry (S.B. 50, “Freedom to Carry NC”) has been vetoed and not fully overridden; a House override vote is scheduled for Sept. 22, 2025. Today, a permit is still required to carry concealed in North Carolina. (North Carolina General Assembly)

Where State and Federal Cases Overlap — and Why That Matters

• “Possession” can be actual or constructive. In both systems, the prosecution may argue you had dominion/control even if the gun wasn’t on you (e.g., in a car or home).
  
• Knowledge matters. Federal cases must show knowledge of status (for § 922(g) offenses) under Rehaif; in both systems, the government typically must show knowing possession. (Legal Information Institute)
  
• Same conduct, two courts? It’s possible; the Supreme Court has allowed both sovereigns to prosecute the same act (Gamble). Strategy and timing are critical if “dual track” exposure appears. (Supreme Court)

Federal Exposure That Often Surprises People

• Mandatory minimums stack. A single § 924(c) count can add 5+ years consecutive to any other sentence, and enhancements (brandishing, discharge) increase that floor. ACCA can jump a felon-in-possession case to 15 years. (Legal Information Institute, FAS Project on Government Secrecy)

Local Focus: Raleigh, Wake County & the Eastern District of NC

We routinely defend firearm charges arising in Raleigh/Wake, Durham, Johnston, Franklin, Harnett, Orange, Nash, Wilson, Wayne, Cumberland, and surrounding counties, and in EDNC federal court (Raleigh, Wilmington, Greenville, New Bern, Fayetteville, Elizabeth City). If your case is federal, it will be handled by the U.S. Attorney’s Office for the Eastern District of North Carolina. (Department of Justice)

FAQs We Hear A Lot

Can a felon live in a home where someone else legally owns guns?
It’s risky. Prosecutors often argue constructive possession if a firearm is accessible or under your control. Safe storage, separation, and clear boundaries can matter, but this is highly fact-specific—get advice before problems arise.

Is it illegal to have a gun in the car at a school?
North Carolina’s school-property law is strict; penalties escalate based on the location and conduct (e.g., discharge). Don’t assume glove-box or parking-lot exceptions apply. (North Carolina General Assembly)

Do I still need a permit to carry concealed in NC?
Yes, as of today. The repeal effort for permitless concealed carry has not completed the veto-override process; a vote is slated for Sept. 22, 2025. (North Carolina General Assembly)

What if my federal charge is based on a restraining order or old misdemeanor?
After Rahimi (2024), § 922(g)(8) (domestic-violence restraining orders) remains valid; domestic-violence misdemeanors under § 922(g)(9) can also trigger federal prohibition. The details of your order/conviction matter.

How We Defend Firearm Cases

Every case turns on facts, documents, and forensics. In both systems we analyze:

• Stop/search/suppression issues (traffic stops, warrants, inventory searches).
  
• Possession theories (actual vs. constructive; proximity; statements).
  
• Status proof in federal § 922(g) cases under Rehaif. (Legal Information Institute)
  
• Enhancement triggers (ACCA priors, § 924(c) “in furtherance,” serial-number allegations). (FAS Project on Government Secrecy, Legal Information Institute)
  
• Location-based elements in NC statutes (schools, courthouses, alcohol-serving venues). (North Carolina General Assembly, North Carolina General Assembly)

Contact Ryan Willis Law PLLC Today

Gun charges move fast and carry heavy consequences—especially in federal court, where mandatory minimums often dictate the outcome. If you’re under investigation or already facing charges in Raleigh, Wake County, or anywhere in the Eastern District of North Carolina, it’s critical to involve experienced counsel right away. At Ryan Willis Law PLLC, we focus on criminal defense and federal trial practice, bringing proven experience in both state and federal firearm cases—including securing two federal jury trial acquittals in § 922(g) cases. Contact us today by phone or email for a confidential consultation and skilled defense.

This post is for general information only and isn’t legal advice. Laws change, and your facts matter. If you have a pending charge or investigation, contact a lawyer immediately.