N.C.P.I.—Crim. 235.16

The defendant has been charged with carrying a [gun] [rifle] [pistol]

into an establishment where alcoholic beverages are sold and consumed.

For you to find the defendant guilty of this offense, the State must

prove three things beyond a reasonable doubt:

First, that the defendant entered (describe establishment, e.g., the No

Name Bar).

Second, that alcoholic beverages were sold and consumed in this

establishment.1

And Third, that the defendant carried a [gun] [rifle] [pistol] into this

establishment.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant entered (describe establishment),

where alcoholic beverages were sold and consumed, and that the defendant

carried a [gun] [rifle] [pistol] into this establishment, it would be your duty

to return a verdict of guilty. If you do not find or have a reasonable doubt

as to one or more of these things, it would be your duty to return a verdict

of not guilty.

NOTE WELL: By virtue of subsection (b), N.C. Gen. Stat. § 14-

269.3 does not apply to the following; (1) on duty military

personnel or law enforcement officers carrying weapons as part

of their duties and certain off duty law enforcement officers

(See, N.C. Gen. Stat. § 14-269, incorporated by reference in

N.C. Gen. Stat. § 14-269.3(b)); (2) the owner or lessee of the

premises or establishment; (3) a person registered or hired as a

security guard by the owner or lessee of the premises or

establishment; (4) a person carrying a handgun if the person

has a valid concealed handgun permit issued in accordance with

Article 54B of this Chapter, has a concealed handgun permit

considered valid under G.S. 14-415.24, or is exempt from

obtaining a permit pursuant to G.S. 14-415.25. This subdivision

shall not be construed to permit a person to carry a handgun on

any premises where the person in legal possession or control of

the premises has posted a conspicuous notice prohibiting the

carrying of a concealed handgun on the premises in accordance

with G.S. 14-415.11(c). If there is evidence that one of these

exceptions may apply to the defendant, instruct as follows:

If the defendant was [(describe type of military or law enforcement

officer, using appropriate language from N.C. Gen. Stat. § 14-269)] [the

owner or lessee of the [premises] [establishment]] [a person registered or

hired as a security guard by the [owner] [lessee] of the [premises]

[establishment]] [a person carrying a handgun if the person [has a valid

concealed handgun permit in accordance with Article 54B of this Chapter]

[has a concealed handgun permit considered valid under G.S. 14-415.24] [is

exempt from obtaining a permit pursuant to G.S. 14-415.25]], the statute

does not apply and the defendant is not guilty. If you find that the defendant

was (describe defendant's status) it would be your duty to return a verdict of

not guilty.