Use of a Firearm During the Commission of a Drug Crime or Felony in North Carolina

If you’ve been charged with using a firearm during the commission of a drug crime or other felony, the stakes are extremely high. Prosecutors aggressively pursue these cases, often seeking sentencing enhancements or federal charges that dramatically increase prison time. These are not routine weapons cases—these are high-consequence prosecutions that require the attention of a seasoned criminal defense lawyer with a deep understanding of both firearms and felony-level offenses.

What This Charge Means

Under both North Carolina and federal law, using or even possessing a firearm during a felony offense—especially a drug trafficking offense—can result in enhanced criminal penalties. The law defines “use” broadly. You don’t have to fire the weapon, brandish it, or even take it out of your waistband. Merely having access to a firearm during the commission of a felony offense may be enough to trigger this charge.

Common scenarios that lead to this accusation include:

• A gun found during a drug trafficking arrest
• A firearm present in the vehicle or home during a controlled substance bust
• A robbery, burglary, or assault where a weapon is nearby or visible
• Possession of a firearm during a probation violation involving drugs or violence

Whether the weapon was discharged or simply present, this charge compounds the severity of the underlying offense.

Penalties for Using a Firearm in a Felony

Penalties vary based on the jurisdiction and the nature of the underlying felony. In state court, firearm enhancement statutes can add several years to an existing prison sentence. In federal court, 18 U.S.C. § 924(c) imposes mandatory minimums ranging from 5 to 30 years, and those sentences must run consecutively to any other conviction. Repeat offenders or those accused of brandishing or discharging a firearm face dramatically harsher consequences.

This is a high-risk legal scenario where even a relatively minor drug charge can snowball into a multi-decade sentence due to the presence of a firearm.

State vs. Federal Jurisdiction

Although North Carolina has its own sentencing enhancements for gun use during felonies, federal prosecutors often step in when the case involves larger drug operations, multiple firearms, or any weapon that crosses state lines. Federal law is often far less forgiving and includes mandatory minimum sentencing for weapon use during drug trafficking. A case that might have resulted in probation or a few years in state court can become a 10+ year mandatory sentence under federal jurisdiction. Thomas Amburgey is building his federal criminal defense credentials and is already equipped with the trial experience to defend clients facing both state and federal firearm charges.

What Clients Need to Know

• Simply possessing a firearm during a felony can trigger this charge—even if it wasn't used
• Federal law imposes harsh, mandatory minimum sentences
• These charges often stack on top of the underlying offense
• A trial-tested defense attorney can challenge the connection between the weapon and the crime

The Defense Strategy That Makes the Difference

When facing firearm-related felony enhancements, every fact matters. Where was the weapon? Who had access to it? Did you know it was there? Was it legal? These are the types of questions that Thomas Amburgey, a former prosecutor and Board Certified Criminal Law Specialist, knows how to dissect in front of a jury. With a deep understanding of how prosecutors think and how trials are won, he builds strong, fact-driven defenses that put his clients in the best position possible.

Schedule a confidential consultation now. Let’s get your side of the story in front of the court.