§ 14-269. Carrying concealed weapons. - North Carolina Statutes

SUBCHAPTER IX. OFFENSESAGAINST THE PUBLIC PEACE.

Article 35.

Offenses Against thePublic Peace.

§ 14‑269.  Carryingconcealed weapons.

(a)        It shall beunlawful for any person willfully and intentionally to carry concealed abouthis person any bowie knife, dirk, dagger, slung shot, loaded cane, metallicknuckles, razor, shurikin, stun gun, or other deadly weapon of like kind,except when the person is on the person's own premises.

(a1)      It shall be unlawfulfor any person willfully and intentionally to carry concealed about his personany pistol or gun except in the following circumstances:

(1)        The person is on theperson's own premises.

(2)        The deadly weapon isa handgun, and the person has a concealed handgun permit issued in accordancewith Article 54B of this Chapter or considered valid under G.S. 14‑415.24.

(3)        The deadly weapon isa 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 requiredunder G.S. 14‑415.11(a).

(b)        This prohibitionshall not apply to the following persons:

(1)        Officers andenlisted personnel of the armed forces of the United States when in dischargeof their official duties as such and acting under orders requiring them tocarry arms and weapons;

(2)        Civil and lawenforcement officers of the United States;

(3)        Officers andsoldiers of the militia and the National Guard when called into actual service;

(4)        Officers of theState, or of any county, city, town, or company police agency charged with theexecution of the laws of the State, when acting in the discharge of theirofficial duties;

(5)        Sworn law‑enforcementofficers, when off‑duty, provided that an officer does not carry aconcealed weapon while consuming alcohol or an unlawful controlled substance orwhile alcohol or an unlawful controlled substance remains in the officer'sbody.

(b1)      It is a defense to aprosecution under this section that:

(1)        The weapon was not afirearm;

(2)        The defendant wasengaged in, or on the way to or from, an activity in which he legitimately usedthe weapon;

(3)        The defendantpossessed the weapon for that legitimate use; and

(4)        The defendant didnot use or attempt to use the weapon for an illegal purpose.

The burden of proving thisdefense is on the defendant.

(b2)      It is a defense to aprosecution under this section that:

(1)        The deadly weapon isa handgun;

(2)        The defendant is amilitary permittee as defined under G.S. 14‑415.10(2a); and

(3)        The defendantprovides to the court proof of deployment as defined under G.S. 14‑415.10(3a).

(c)        Any personviolating the provisions of subsection (a) of this section shall be guilty of aClass 2 misdemeanor. Any person violating the provisions of subsection (a1) ofthis section shall be guilty of a Class 2 misdemeanor for the first offense. Asecond or subsequent offense is punishable as a Class I felony.

(d)        This section doesnot apply to an ordinary pocket knife carried in a closed position. As used inthis section, "ordinary pocket knife" means a small knife, designedfor carrying in a pocket or purse, that has its cutting edge and point entirelyenclosed by its handle, and that may not be opened by a throwing, explosive, orspring action.  (Code,s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923,c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217;1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616;1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1‑3;1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2;1997‑238, s. 1; 2003‑199, s. 2; 2005‑232, ss. 4, 5; 2005‑337,s. 1; 2006‑259, s. 5(a); 2009‑281, s. 1.)