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Articles Posted in Guns/Firearms

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you can be arrested for having a gun without a permit during a traffic stop in North Carolina. This recently happened to a North Carolina woman traveling through New York. According to the Buffalo News, a woman was arrested for having a gun without a permit. Police officers arrested the woman during a traffic stop in Lackawanna. The 21-year-old was a passenger in a vehicle that was stopped by police for a traffic violation. She was charged with fourth-degree criminal possession of a weapon.

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

Shootings and unlawful possession of firearms have spiked in Charlotte despite the COVID-19 pandemic and stay-at-home orders. Police department officials in Charlotte are urging the public to stay safe because it appears that the pandemic did not affect violent crime in the city.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

The U.S. and North Carolina Constitutions protect your right to bear arms. However, that right does not extend to carrying a gun wherever or whenever you wish. There are instances in which you may openly carry a firearm, but North Carolina requires you to have a permit for concealed carry.

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all times or own any type of weapon that he or she wants. There are rules and regulations that dictate who can possess a firearm, what types of firearms are permitted, and when and where those weapons can be carried. What happens when a person with lawful possession of a gun is stopped by the police during a routine traffic stop? This is a complex issue and it depends on the situation and context of the police encounter. Different situations and circumstances often lead to different reactions.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you about the fear and stress that is caused. Everyone reacts to an emergency situation differently, but one of the most common responses is to defend yourself. In the event that criminal charges are brought against someone who was protecting him or herself from a dangerous situation, one would think using the defense of self defense in court would be a given. However, self-defense includes many other issues and each case must be looked at independently.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Guns and firearms are a big issue in the United States. Regardless of which side of the debate you agree with, the right to bear arms is granted by the Second Amendment of the United States Constitution. Therefore, it is important to know the rules and regulations surrounding gun ownership and use. Not everyone is free to own a gun at any time. For example, those who have been convicted of a felony are restricted in their right to use and own guns. Felons who possess a firearm face additional criminal charges. Those facing additional charges have sometimes tried to use a justification defense for possessing the firearm. Recently, the North Carolina Court of Appeals elaborated on the applicability of a justification defense for use or possession of a firearm by a felon.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of the newly enacted statute and cases in which the court interprets the statute and indicates how it should be applied in future situations. In State v. Kuhns, the North Carolina Court the Appeals clarifies part of the new statute, G.S. 14-51.2.

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Stand Your Ground laws have been around for more than a decade now, with Florida serving as one of the first states to pass such legislation back in 2005. Though not a novel concept, the laws are new in some states. In these places where the laws are new, the local judiciary may be unfamiliar with how to apply the laws, meaning there is a bit of a learning curve in the months and even years following passage. This can be problematic for both prosecutors and defendants, as neither knows what to expect.

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within the context of stop-and-frisk searches by police.

Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

 

A York, S.C. man was arrested over the weekend after a disagreement over a bicycle he said a man stole from him. The man, Randall L. Hunnicutt, said the man stole his bicycle and money out of his wallet. The man admitted he had borrowed Hunnicutt’s bike four days earlier, but he told police he had returned it. He denied taking the money.

Arrested at gunpoint Charlotte Mecklenburg DUI Lawyer North Carolina Criminal Defense AttorneyThe argument began on Hunnicutt’s porch in York. After being accused by Hunnicutt, the man tried to walk away. Hunnicutt asked his son to bring him his shotgun. He then loaded the shotgun and began poking the weapon in the man’s face.

The man started to walk away, but Hunnicutt followed him and pushed him down, poking him with the shotgun. After Hunnicutt pulled the trigger, the man ran to a neighbor’s house and called police. Apparently the weapon did not discharge.

Nevertheless, Hunnicutt was charged with attempted murder and possession of a weapon during a violent crime. It is unclear whether additional charges are pending.

The Charlotte Observer reports that Hunnicutt’s age, as listed on the police report, is 29. The age of Hunnicutt’s son is unclear; also unclear is whether the son retrieved ammunition that Hunnicutt used to load the shotgun. In any case, the inference can be drawn that Hunnicutt’s son was too young to be employed as a shotgun-retriever in a drunken late-night argument between adults.

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