CHARLOTTE, N.C. — A recent Reddit post in the Charlotte subreddit is generating a robust conversation about firearm rules in North Carolina.
The original poster writes about an interaction with a driver who flashed a gun, presumably as a threat or warning. The person asked whether it was illegal.
The post reads, in part:
"Is is illegal to flash your gun at someone on the Road? Because it happened to me and I want this person to face consequences."
As of Monday night, more than 150 people had weighed in with differing answers.
The Question
In North Carolina, is it illegal to display a firearm on a public roadway with the intention of threatening someone?
The Sources
The Answer
Yes, in North Carolina, it is illegal to display a firearm on a public roadway with the intention of threatening someone.
"The only time that a weapon should be brandished or pointed at someone else, is if you are in fear for your own safety, and you're using it as a valid form of self-defense," Mauney said.
Depending on the nuances of the situation, the action could call for one or both of two charges, Mauney said.
The first is North Carolina General Statute 14-34, which outlines assault by pointing a gun. The statute reads, "If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not loaded, he shall be guilty of a Class A1 misdemeanor."
Mauney said the other possible charge would also be a high-level misdemeanor. It's called "going armed to the terror of the people."
"It's what's called a common law offense, which means that we inherited the common law from England when we became a state," Mauney said. "So it's been around a long time and predates automobiles and that sort of thing. In the early days... that would often involve people with horses and guns, and they would point the gun at someone from the horse, and terrorize people."
Mauney said going armed to the terror of the people is a Class 1 misdemeanor and would not necessarily need the person to have pointed the weapon at someone. They would just need to have shown it in a threatening manner.
"People need to be aware that, with the weapon, comes a lot of responsibility," Mauney said. "If it's not used properly, you could find yourself being prosecuted, or find yourself with a heavy fine, even find yourself in jail."
Contact Vanessa Ruffes at vruffes@wcnc.com and follow her on Facebook, Twitter and Instagram.
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