Unlawful Discharge of a Firearm in North Carolina

Discharging a firearm in the wrong place or at the wrong time can quickly turn into a serious criminal offense in North Carolina. Whether the shot was accidental, celebratory, or part of a more complex altercation, an unlawful discharge of a firearm charge can carry steep penalties—including jail time, fines, loss of gun rights, and the creation of a permanent criminal record. Prosecutors and judges often take a zero-tolerance approach, especially when the discharge occurs in public or endangers others.

What Counts as Unlawful Discharge?

Under N.C. General Statutes § 14-34.9 and related laws, the unlawful discharge of a firearm includes any situation where a gun is intentionally or recklessly fired in:

• A public place
• An occupied or unoccupied dwelling or building
• A vehicle
• Within city limits or at a prohibited time
• In a manner that threatens public safety or property

It doesn’t matter if the firearm was legally owned or if the person firing it has a concealed carry permit. The focus is on where, when, and how the discharge happened—and whether it endangered others.

Real-World Examples That Lead to Charges

Clients often face this charge under the following circumstances:

• Firing a gun into the air during celebrations or holidays
• Discharging a firearm near a public gathering or event
• Target practice in a prohibited area
• An argument or road rage incident that escalates
• Accidental discharge in a public or residential area

Even if no one is injured, the intent or recklessness of the act can still lead to a criminal conviction.

Penalties for Unlawful Discharge of a Firearm

The severity of the penalties depends on the specific circumstances of the case. A basic charge may be filed as a Class E or F felony, which carries a potential prison sentence of 13 to 41 months for a first-time offender. If the discharge occurred into an occupied property or was part of a violent crime, the case may be elevated to a Class C felony, punishable by up to 231 months in prison.

Beyond prison time, convictions can result in loss of firearm rights, permanent criminal record, increased penalties for future charges, and, in some cases, federal prosecution.

State vs. Federal Jurisdiction

Most unlawful discharge cases are handled in state court, but federal charges may arise if the incident involves interstate commerce, federally regulated property, or if the shooter is a prohibited person (such as a felon or someone under a domestic protective order). Federal sentencing guidelines are often stricter, and any enhancement due to weapons use during a violent or drug-related felony can carry mandatory prison time. Thomas Amburgey, with his background as a prosecutor and his growing federal defense practice, is well-prepared to defend these cases at both the state and federal levels.

What Clients Need to Know

• You do not need to hit anyone or anything to be charged—the act of discharging a weapon is often enough
• Location matters—urban settings, near schools or gatherings, or near homes increase severity
• Even legal firearm owners can face this charge
• You could be facing a felony conviction and loss of gun rights

Experienced Defense from a Board-Certified Trial Lawyer

Gun charges involving unlawful discharge are often emotionally charged and based on subjective witness accounts. Thomas Amburgey brings the insight of a former prosecutor and the trial skill of a Board Certified Criminal Law Specialist to every weapons case. He evaluates the facts, challenges police assumptions, and ensures that your side of the story is heard and respected in court.

Schedule a confidential consultation today and take control of your defense.