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Thoreau (T-USA)
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Can you be arrested/charged with CCW in North Carolina if you

Resolved Question:

Can you be arrested/charged with CCW in North Carolina if you have a BB gun concealed?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 5 years ago.
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Laws vary drastically by state. You should consult a licensed North Carolina attorney about this matter. What follows is neither legal advice nor a legal service. You can locate a licensed North Carolina attorney through the following lawyer referral service:
http://www.ncbar.org/public/lrs/

Probably. A court could conceivably find a BB gun to be a deadly weapon.
Because a slung shot is considered a deadly weapon, it seems very likely that a BB gun would be a deadly weapon as well.

I have included some relevant statutory information.

NC Stat. 14-269. Carrying concealed weapons (in relevant part):

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


While what follows is probably not directly relevant, you may find it interesting. In North Carolina, a BB gun should not qualify as a firearm, but it may qualify as a handgun depending on statutory interpretation. This is because a handgun is defined as any "gun" with a short stock and designed for single handed firing, while a firearm is requires the projectile to work by explosive action.

The relevant definitions statute:

§ 14-409.39. Definitions (in relevant part):
"The following definitions apply in this Article:
(1) Dealer. – Any person licensed as a dealer pursuant to 18 U.S.C. § 921,
et seq., or G.S. 105-80.
(2) Firearm. – A handgun, shotgun, or rifle which expels a projectile by
action of an explosion.
(3) Handgun. – A pistol, revolver, or other gun that has a short stock and is
designed to be held and fired by the use of a single hand. (1995 (Reg.
Sess., 1996), c. 727, s. 1.)"

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Thoreau (T-USA), Lawyer
Category: Criminal Law
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