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North Carolina Firearms and Self-Defense Laws

Interested in firearms and what the current state of the law is regarding firearm possession and use? You should should check out Jon Gutmacher’s highly acclaimed book “Florida Firearms – Law, Use & Ownership: Eight Edition” which explains Florida & Federal laws on firearms, weapons & self-defense with new sections on firearms laws in Alabama, … Read More

North Carolina Criminal Law Updates for December 1, 2014

Effective December 1st, a new batch of criminal laws will go into effect in North Carolina. Robert Farb and the North Carolina School of Government have provided a good summary of the new laws and changes to existing laws which you can access here: https://sogpubs.unc.edu/electronicversions/pdfs/punchtupdate2014.pdf . There are two changes to the law that are … Read More

Upcoming Changes to NC Expunction Laws

Effective December 1, 2014, the North Carolina General Assembly has implemented a few changes to existing North Carolina expunction laws. We always hope that new expunction laws mean expanded opportunities for expunction; however, that is not the case this time around. Instead, the General Assembly has narrowed expunction opportunities for North Carolinians as laid out … Read More

Post-Election Criminal Law Updates

The November 2014 election in North Carolina had numerous potential effects on the criminally accused in Guilford County. This post is an attempt at a comprehensive update regarding those changes. Constitutional Amendment. Perhaps most importantly, North Carolinians voted in favor of a Constitutional Amendment wherein the criminally accused now have the right to waive jury … Read More

Recording Interaction with Law Enforcement

Following the many recent tragedies involving law enforcement around the country, the benefits of recording law enforcement’s interactions with citizens has become a hot topic again. In our opinion, recording law enforcement’s interactions with citizens is beneficial for all parties involved. Below is some information to help citizens understand this issue. Recording by Law Enforcement. … Read More

Proposed Constitutional Amendment Would Allow Felony Bench Trials in North Carolina

In the November election, North Carolina voters will once again be given an opportunity to amend the North Carolina Constitution. The amendment at issue is whether those charges with a Felony in North Carolina should have the option to waive a jury trial and instead have a trial by judge, also known as a “bench … Read More

Dog Sniff Searches Limited by North Carolina Court of Appeals

On July 1, 2014, the North Carolina Court of Appeals released its opinion in State v. Cottrell in which the court limited the use of police dog drug sniffs following traffic stops. In Cottrell, the defendant was observed driving without turning on his headlights. The law enforcement officer stopped him for this infraction as well … Read More

Criminal Law Update: Sex Offender Restrictions

The North Carolina General Assembly passed session law 2014-21 this week and amended the laws governing residential restrictions on Sex Offenders. Under this amendment of N.C.G.S. § 14-208.16(b), the term child care center was expanded to specifically include “Boys and Girls Clubs of America” organizations. Thus, registered sex offenders are now explicitly precluded from residing … Read More

Landmark 4th Amendment Case Limits Police Ability to Search Cell Phones

On Wednesday, June 25, 2014, the Supreme Court of the United States decided Riley v. Californina, issuing a rare decision in favor of the criminally accused – a 9-0 decision stating that the police may not search an individual’s cell phone without a warrant following arrest merely under the commonly used exception of being a … Read More

“Vapor” Tobacco Products: What are they and are they legal?

If you have been out in Greensboro recently, you have probably noticed several stores, new and old, selling a product labeled “vapors.” Thus questions have been raised by many as to what these vapors are and whether these are illegal. The short answer is that they are a new form of tobacco products and they … Read More