Is it illegal in NC to bring a gun to a parade or protest? Here’s what the law says.

North Carolina has clear laws about bringing dangerous weapons to public events such as parades, protests, picket lines and funeral processions.

In most cases, unless you qualify for a specific exemption under the law or have a permit, it’s illegal in North Carolina to carry a weapon to such events.

Here’s more information about the law.

What does NC law say about weapons at protests?

North Carolina General Statute 14-272.2 prohibits “any person participating in, affiliated with or present as a spectator” at any “parade, funeral procession, picket line or demonstration” from willfully or intentionally possessing or having immediate access to any dangerous weapon.

▪ This includes demonstrations at “any private health care facility” or “any public place owned or under the control of the state or any of its political subdivisions.” Political subdivisions of the state include municipal and county governments.

Note: the general statute says that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.

Who can own or carry a gun in NC?

General Statute 14-269.7 prohibits minors — anyone under the age of 18 — from willfully or intentionally possessing or carrying a handgun.

This does not apply to:

▪ Officers and enlisted personnel of the United States military when in discharge of their official duties or acting under orders requiring them to carry handguns.

▪ Minors who possess a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.

▪ Emancipated minors who possess such a handgun inside their residence.

▪ Minors who possess a handgun while hunting or trapping outside the limits of an incorporated municipality, if they have on their person written permission from a parent or guardian.

There is no minimum age to possess rifles and shotguns in North Carolina, according to the Giffords Law Center to Prevent Gun Violence.

▪ However, under General Statute 14-316, it is illegal for any person to permit a child younger than 12 to have access to or use in any manner any gun, pistol or other dangerous firearm, whether it is loaded or unloaded, unless the person has the permission of the child’s parent or guardian and the child is under the supervision of an adult.

What is considered a dangerous weapon?

State law defines “dangerous weapons” to include:

▪ Any gun, rifle, pistol or other firearm of any kind.

▪ Any dynamite cartridge, bomb, grenade, mine or powerful explosive.

▪ Any BB gun, stun gun, air rifle or air pistol.

▪ Any other object capable of inflicting serious bodily injury or death when used as a weapon.

Additional dangerous weapons are defined in General Statutes 14-269, 14-269.2, 14-284.1, or 14-288.8.

Legal consequences for violating the law

Violation of General Statute 14-277.2 is a Class 1 misdemeanor.

A Class 1 misdemeanor carries a maximum penalty of 120 days in jail and a discretionary fine to be decided by the court.

Are certain people exempt from the law?

General Statute 14-272.2 exempts certain people, meaning they may be allowed to carry weapons at protests and other demonstrations. Those people include:

▪ Persons authorized by state or federal law to carry dangerous weapons in the performance of their duties.

▪ Any person who obtains a permit to carry a dangerous weapon at a parade, funeral procession, picket line or demonstration from the sheriff or police chief of the locality where the event is to take place.

▪ Officers and enlisted personnel of the U.S. military when they are in discharge of their official duties and acting under orders requiring them to carry arms and weapons.

▪ Officers and soldiers of the National Guard when they are called into actual service.

▪ Officers of the state, or of any county, city, town or company police agency charged with the execution of the laws of the state, when acting in discharge of their official duties.

▪ Any person who has the appropriate concealed carry of a handgun permit under Chapter 14, Article 54B of state law.

Additional people who are exempt from the law are listed in Section B of General Statute 14-269.

What about open carry laws?

Under General Statute 14-277.2, concealed carry of a handgun at a parade or funeral procession is allowed when:

▪ The person has a valid permit issued in accordance with Chapter 14, Article 54B of state law.

▪ The person has a permit considered valid under General Statute 14-415.24. This involves the reciprocity of a concealed handgun permit issued in another state.

▪ The person is exempt from obtaining a permit under General Statute 14-415.25. This generally includes law enforcement officers and qualified retired law enforcement officers.

This does not mean that someone is permitted to carry a concealed handgun on any premise where the owner has posted a notice prohibiting the carrying of a concealed handgun.

This story was originally published November 19, 2021 at 5:09 PM with the headline "Is it illegal in NC to bring a gun to a parade or protest? Here’s what the law says.."

Korie Dean

The News & Observer

919-335-8507

Korie Dean covers higher education in the Triangle and across North Carolina for The News & Observer, where she is also part of the state government and politics team. She is a graduate of the Hussman School of Journalism and Media at UNC-Chapel Hill and a lifelong North Carolinian.