Charlotte Criminal Lawyer Blog
Is it Legal to Fire a Gun into the Air in North Carolina?
The Second Amendment of the Constitution of the United States grants citizens the right to keep and bear arms. As a gun owner, you likely believe that you are legally able to own a gun and use it as you see fit. However, there are other laws that actually govern the use of a firearm. You must use a firearm in accordance with the law. You can be charged with a crime if you fire a gun in the air or onto someone’s property. Criminal charges could apply, depending on the severity of the incident.
Firing a Gun into the Air is Unsafe
It is unsafe to fire a gun into the air. A bullet can travel quite far, depending on the circumstances, and could travel more than a mile. When you fire a gun into the air, the bullet has to come back down. When it does, it could cause serious harm or death to a person or damage to property. Generally, firing a gun in the air is a form of unlawful discharge of a firearm.
What is an Unlawful Discharge of a Firearm?
North Carolina law makes it illegal to discharge a firearm in an intentionally reckless manner. It is against the law to fire a gun when it endangers the public or could cause harm to property. Shooting a gun into the air in a celebratory manner would be considered reckless. A person may not fire a gun as part of criminal gang activity from within an enclosure, including a vehicle, and to do so is a felony. It is also illegal to recklessly discharge a firearm while hunting.
Illegal to Fire a Bullet Into Occupied Property
It is illegal in North Carolina to fire a gun into someone’s property. If the property is occupied, the crime is a felony. Firing a gun into the air could result in hitting someone else’s property or building and could even enter an occupied building, causing harm to a person. Shooting a gun into an enclosure or within city limits could also be charged as a felony offense. Additional charges could apply if the firearm is not owned legally.
What are Some Examples of Illegally Firing a Gun?
It is illegal to fire a gun in some circumstances, even if you are legally allowed to possess the firearm. For example, firing a gun during a party is reckless and illegal. Firing a gun into the air as part of a celebration, such as for a holiday, is a crime. You cannot discharge a firearm near a public event. A person cannot fire a gun for target practice in a place or manner that is unsafe, such as if it is near someone’s property.
Defending Gun Charges in North Carolina
Gun charges are serious and can result in severe consequences. If found guilty on felony gun charges, you will no longer be allowed to own a firearm, among other penalties. If you are facing gun charges, you will want to vigorously defend the charges with help from an experienced attorney. Depending on the circumstances, if the evidence is weak, the charges may be reduced or dropped. Your lawyer will review the details of your case to assist in your strong defense. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our skilled criminal defense legal team today.
The criminal defense attorneys at Arnold & Smith, PLLC represent individuals facing a wide range of state and federal criminal charges. Our practice includes traffic violations, DWI/DUI offenses, drug crimes, firearm and weapons charges, and gun permit denials.
We also defend clients accused of property crimes, including larceny, breaking and entering, robbery, fraud, embezzlement, and other white-collar offenses. Our attorneys handle cases involving sex-related offenses, such as indecent exposure, sexual assault, crimes against nature, and petitions for removal from the sex offender registry. In addition, we represent individuals charged with violent crimes, including domestic violence offenses, assault, manslaughter, homicide, and murder.
Beyond criminal charges, we assist clients with related legal matters such as restraining orders, probation violations, expungements, criminal appeals, and immigration issues arising from criminal allegations. We believe that informed clients are empowered clients, and we are committed to helping individuals understand their constitutional rights while providing aggressive and effective legal representation at every stage of the process.
Source:
https://www.ncleg.net/EnactedLegislation/SessionLaws/HTML/1991-1992/SL1991-748.html
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-34.1.html
See Our Related Video from our YouTube channel:
Arnold & Smith, PLLC – YouTube
See Our Related Blog Posts:
Can I Carry a Gun in My Car?
Can a Parent Be Charged for a Child’s Gun Crime?