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Articles Posted in Guns/Firearms

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When is it Legal and Illegal to Carry a Concealed Gun in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you…

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A Surge in Shootings and Other Crimes in Charlotte During the COVID-19 Pandemic

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   Shootings and unlawful possession of firearms have spiked in Charlotte despite the COVID-19 pandemic and stay-at-home orders. Police department officials in Charlotte are urging the public to stay safe because it appears that the pandemic…

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Gun Carry Laws in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   The U.S. and North Carolina Constitutions protect your right to bear arms. However, that right does not extend to carrying a gun wherever or whenever you wish. There are…

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Can Police Take My Gun During a Traffic Stop?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all…

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Self-Defense, Intent, and Duty to Retreat in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you…

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Justification as a Defense for Felons Using a Firearm

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Guns and firearms are a big issue in the United States. Regardless of which side of the debate you agree with, the right to bear arms is granted by…

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North Carolina Appeals Court Rules on the Use of Defensive Force in the Home

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of…

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Iowa’s “Stand Your Ground” Law Put To The Test In Recent Case

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Stand Your Ground laws have been around for more than a decade now, with Florida serving as one of the first states to pass such legislation back in 2005. Though not a novel…

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Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within…

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Drunken battle over bike, money wins shotgun-wielding man attempted murder charge

Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”   A York, S.C. man was arrested over the weekend after a disagreement over a bicycle he said a man stole from him. The man, Randall L.…

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