Q: Is possession of a firearm a violent crime if you where just caught with it in your car
A:
This seems like it might involve more than possession of a firearm or maybe even carrying a concealed weapon in North Carolina.
That's because the words "violent crime" or a "crime of violence" occasionally has meaning outside the criminal courts. Most notably, experienced criminal defense lawyers are familiar with clients with IMMIGRATION issues asking about such legal issues.
Whatever the reason, it's not illegal to possess a firearm in your car. It IS illegal to possess that weapon in such a way as it's concealed. . .unless the possessor has a valid NC concealed carry permit.
See: https://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html
§ 14-269. Carrying concealed weapons.
(a) 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.
(a1) 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:
(1) The person is on the person's own premises.
(2) 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).
(3) 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).
(a2) 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.
Many, if not most, criminal defense lawyers offer a FREE CONSULTATION for criminal charges in NC. Therefore it does normally cost anything to call the attorney and get some basic answers to questions.
If this does indeed involve immigration issues, definitely seek out legal advice from both a criminal law attorney AND a law office or lawyer well-versed in immigration law.
Best of luck!
Bill Powers
North Carolina Criminal Defense Lawyer
CarolinaAttorneys.com
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