The Second Amendment is one of the most well-known parts of the U.S. Constitution, but also one of the most misunderstood. Many people know it protects the right to “keep and bear arms,” but the actual 2nd Amendment meaning—and how that right works in practice—can be more limited than it sounds.
Here in North Carolina, state and federal laws set real boundaries on who can own or carry a gun. Whether you’re a lifelong gun owner or someone facing criminal charges for the first time, understanding your 2nd Amendment rights is key. Some convictions, even misdemeanors, can take those rights away permanently.
This post explains how gun rights in NC are affected by felony convictions, domestic violence cases, probation, and more, so you know where you stand and what risks to watch out for.
What the 2nd Amendment Really Says (and Why It’s Not Written In Stone)
Most people think of the 2nd Amendment as a guarantee that they can own a gun. But the actual text is a bit more complex:
“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
This sentence has sparked centuries of debate. What does a “well-regulated militia” mean? Does “the people” refer to everyone, or only certain groups? And what limits, if any, can the government place on gun ownership?
The courts, including the U.S. Supreme Court, have ruled that 2nd Amendment rights are not unlimited (District of Columbia v. Heller, 2008). While the Constitution protects the right to own and carry firearms, state and federal governments can still set reasonable restrictions. This includes laws about who can own guns, where they can carry them, and what kinds of weapons are allowed.
For example, gun rights in NC can be taken away (sometimes for life) if you’re convicted of a felony, placed on probation, or subject to certain protective orders.
Losing Gun Rights After a Felony Conviction in NC
A felony conviction can have lifelong consequences, and it hits your 2nd Amendment rights, too. In North Carolina, even a non-violent felony will trigger a permanent ban on firearm ownership or possession.
In NC, a felony conviction means:
- You lose the legal right to own or possess any firearm for life.
- The ban includes all types of firearms: handguns, shotguns, rifles, etc.
- It applies whether the gun is at your home, business, or carried on your person.
- Open carry or concealed—it makes no difference. The law applies across the board.
Possessing a gun after a felony conviction can result in a new, serious charge:
- Possession of a Firearm by a Felon is a Class G felony.
- Even if the gun wasn’t used or wasn’t yours, the charge still applies.
- A conviction can lead to a long prison sentence and additional penalties.
The Law Has Changed Over Time
Led by experience and needs, North Carolina has made its laws tougher over the years. Before 1995, the weapons ban lasted just 5 years after sentencing. But, since that year, the ban has become permanent, regardless of the type of felony.
These changes reflect how gun rights in NC are shaped by evolving legislation, not just the 2nd Amendment’s meaning.
Concealed Carry Laws in NC: What You Can and Can’t Do
North Carolina is an open carry state, which means that if you’re legally allowed to own a gun, you can carry it in plain sight without a permit. But if you want to carry a firearm in a hidden way, like in a purse or under a jacket, you’ll need a Concealed Handgun Permit.
To legally carry a concealed weapon in North Carolina, you must:
- Be at least 21 years old
- Complete an approved firearms training course
- Pass a criminal background check
- Meet all eligibility requirements under state and federal law
Once granted, your permit allows you to carry a concealed handgun, but it comes with responsibilities.
What You Can’t Do With a Permit
Having a permit doesn’t give you a free pass. Gun rights in NC include restrictions to help ensure public safety:
- No alcohol: You can’t carry a concealed weapon if you’ve consumed any alcohol
- Inform officers: During a traffic stop, you must immediately tell the officer you have a firearm and show your permit
- No firearms in certain locations: This includes schools, government buildings, and private property where guns are prohibited
Violating these rules can lead to serious legal consequences. If you’re caught carrying a concealed handgun without a valid permit, a first offense counts as a Class 2 misdemeanor. In the event of the second offense, it becomes a Class I felony.
These charges are serious and can affect your record, your job, and your future gun rights in NC.
What Counts as “Concealed”?
This can get tricky. North Carolina courts have held that even partial visibility of a gun may mean it’s not technically concealed.
For example, in the 1895 case State v. Lilly, the court ruled that if part of the weapon is showing, it may not meet the legal definition of “concealed.” But interpretations can vary depending on the facts of each case.
These situations are often fact-specific, and officers may charge you even if you didn’t realize you were breaking the law.
How Domestic Violence Charges Affect Gun Rights In NC
If you’re charged with or convicted of a domestic violence offense, your gun rights in NC could be suspended or permanently revoked. These cases threaten serious legal trouble, especially when it comes to your ability to own or carry firearms.
Federal and State Laws Work Together
Even if you have no felony record, a domestic violence issue can still impact your 2nd Amendment rights. Federal law, through the 1968 Gun Control Act and later amendments, makes it illegal to possess a firearm if you:
- Have been convicted of a misdemeanor crime of domestic violence
- Are subject to a domestic violence protective order
This applies whether the case is in state court or federal court, and North Carolina follows those same federal standards.
What This Means in Real Life
People often assume their rights are safe if they haven’t committed a felony, but that’s not always true. You could lose your right to possess a firearm if:
- You’re convicted of a misdemeanor like Assault on a Female or Simple Assault in a domestic context
- You’re under a 50B Domestic Violence Protective Order, even temporarily
- You’re going through a domestic-related criminal case and hold a Concealed Handgun Permit
In such scenarios, your permit may be suspended immediately, and a conviction could lead to permanent loss of firearm rights under federal law. If your case is dismissed or you’re found not guilty, you may be eligible to reinstate your rights.
Recent Court Ruling
In June 2024, the U.S. Supreme Court reaffirmed this approach in United States v. Rahimi.
The Court ruled that banning firearm possession by individuals under domestic violence protective orders is constitutional and doesn’t violate the 2nd Amendment rights.
This case confirmed that courts view protecting public safety, especially in domestic violence contexts, as a valid reason to limit firearm access.
What Probation Means for Firearm Possession
If you’re placed on supervised probation in North Carolina—whether for a felony or misdemeanor—one of the standard conditions is that you can’t possess any firearms during that time.
This rule applies no matter the type of conviction and is enforced for safety reasons.
Why the Ban Exists
Even if you’re not a danger to anyone, simply having a gun in the house during probation can violate your court order.
Here’s what that usually means:
- No firearms allowed in your home, vehicle, or anywhere you have control or access
- Applies to handguns, rifles, and shotguns—regardless of how they’re stored
- Possessing a gun while on probation could result in new criminal charges or probation violations
Are There Any Exceptions?
In rare cases, the court may allow you to possess a firearm for work-related purposes only. This is entirely up to the judge and must be specifically written into your probation terms.
For example, a security guard may request limited permission to carry a weapon on the job, or a business owner who keeps a licensed firearm at a commercial property may petition for relief. Yet, these exceptions are not guaranteed, and you must have a clear, lawful need and a judge willing to approve it.
Even though you may still legally qualify for 2nd Amendment rights in the long term, being on probation temporarily restricts those rights. Courts have consistently upheld these conditions as reasonable, given the need for officer safety and the goals of supervised release.
Know Where You Stand And What to Do Next
Understanding your 2nd Amendment rights isn’t just about what the Constitution says—it’s about how the law applies to your real-life situation. While the 2nd Amendment protects the right to bear arms, that right can be limited by state and federal laws, especially in cases we discussed.
In other words, gun rights in NC aren’t automatic. They can be suspended, restricted, or revoked based on your legal status, and getting them back isn’t always simple.
If you’re unsure where you stand or facing charges that could impact your rights, you don’t have to figure it out alone. At Kurtz & Blum, we help people understand complex gun laws with clarity and confidence. Whether you’re dealing with a past conviction or a current charge, we’re here to protect your rights and guide you forward.
