§ 14-50.32.  (Effective December 1, 2026) Use, carry, or possess a firearm by a member of a criminal gang in relation to or in furtherance of a serious felony, drug crime, or a crime of violence.

(a) For the purposes of this section, the following definitions apply:

(1) Brandish. - To display all or part of a firearm or otherwise make the presence of the firearm known to another person.

(2) Crime of violence. - Any offense that would be chargeable by indictment under the laws of this State for which the State proves, based on the defendant's actual conduct in committing the offense, that the defendant or another participant acting in concert with the defendant, used, attempted to use, or threatened to use physical force against the person or property of another.

(3) Drug crime. - Any offense that would be chargeable by indictment under Article 5 of Chapter 90 of the General Statutes.

(4) Firearm. - Any (i) weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) firearm muffler or firearm silencer. This term does not include an antique firearm as defined in G.S. 14-409.11.

(5) Serious felony. - Any offense that would be chargeable under Chapter 14 of the General Statutes that is a Class A, B1, B2, C, D, or E felony.

(b) It shall be unlawful for any member of a criminal gang to use or carry a firearm during and in relation to, or to possess a firearm in furtherance of, any serious felony, drug crime, or crime of violence. A violation of this subsection is a Class G felony, unless subsection (c) or (d) of this section applies.

(c) If a firearm is brandished during the commission of the offense, then the violation is a Class F felony.

(d) If a firearm is discharged during the commission of the offense, then the violation is a Class D felony.  (2026-37, s. 4(a).)