NC General Statutes

N.C. Gen. Stat. § 14-34.9 (2026)

Discharging a firearm from within an enclosure

✓ current as of July 2026

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Unless covered under some other provision of law providing greater punishment, any person who willfully or wantonly discharges or attempts to discharge a firearm, as a part of criminal gang activity, from within any building, structure, motor vehicle, or other conveyance, erection, or enclosure toward a person or persons not within that enclosure shall be punished as a Class E felon. (2008-214, s. 2; 2017-194, s. 6.)

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2012–2025 · leading case: State v. Tafoya, 2012 NMSC 30 (N.M. 2012).

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State v. Tafoya, 2012 NMSC 30 (N.M. 2012). “”), and N.C. Gen. Stat. § 14-34.9 (2008) (“Discharging a Firearm From Within an Enclosure” is committed “as a part of a pattern of criminal street gang activity, from within any building, structure, motor vehicle, or other conveyance, erection, or enclosure toward a person or…”

State v. Jenkins (N.C. Ct. App. 2025). · cites it 30× “” N.C.G.S. § 14-34.9 (2023) (emphases added; ellipses omitted).”

State v. Hardaway (N.C. Ct. App. 2025). · cites it 10× “Indeed, the legislative history and contrast with the companion statute make this clear. The intent of the Legislature is additionally clearly indicated by its use of different, more specific language in provisions within the same Article which criminalize discharging a firearm…”

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