Compliance with Concealed Handgun Permit
Having a concealed handgun permit does not entitle a person to conceal carry a handgun wherever and whenever he pleases. An important restriction of the concealed handgun permit is that it is unlawful for a person to carry a concealed handgun, even if the person has a concealed handgun permit, while consuming alcohol or when alcohol or a controlled substance remains in the person’s body. However, if a person has a controlled substance in his blood and the controlled substance was lawfully obtained and taken in therapeutically appropriate amounts, the person does not violate this provision.
In addition, the concealed handgun statute does not authorize a person to carry a concealed handgun:
- on educational property
- into an assembly for which admission has been charged for entry
- into an establishment which sells alcoholic beverages
- into the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or any building housing any court
- at a parade, funeral procession, or demonstration
- in an area prohibited by federal law
- in a law enforcement or correctional facility
- in State or federal offices
- on any private premises where a notice prohibiting the carrying of a concealed weapon is conspicuously posted
A person who carries a firearm onto educational property commits a Class I felony. North Carolina law provides that a person who commits a Class I felony must receive a sentence between 3 and 12 months, depending on the person’s prior convictions. A person with no prior convictions must receive a community punishment, but the court is permitted to sentence a person with prior convictions to active jail time.
A person who carries a powerful explosive onto educational property commits a Class H felony. North Carolina law provides that a person who commits a Class H felony must receive a sentence between 4 and 25 months, depending on the person’s prior convictions. A person with no prior convictions may receive a community or intermediate punishment, but the court is permitted to sentence any person convicted of a Class H felony to active jail time.
A person who:
- carries a gun, rifle or pistol into an assembly for which admission has been charged for entry or into an establishment which sells alcoholic beverages
- carries a deadly weapon into the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or any building housing any court
- possesses a deadly weapon at a parade, funeral procession or demonstration
commits a Class 1 misdemeanor. North Carolina statute provides that a person who commits a Class 1 misdemeanor receives a sentence between 1 day and 120 days, depending on their prior convictions. A person with no prior convictions cannot receive more than a 45-day sentence, and this sentence must be community punishment. However, it is possible for a person with one or more prior convictions to receive active jail time as a punishment.