In this carrying a concealed gun case, the court addressed the issue of whether the provisions in G.S. 14-269(a1) were elements or defenses. Following State v. Trimble, 44 N.C. App. 659 (1980) (dealing with the statute on poisonous foodstuffs in public places), it explained:

The State has no initial burden of producing evidence to show that Defendant’s action of carrying a concealed weapon does not fall within an exception to N.C. Gen. Stat. § 14-269(a1); however, once Defendant puts forth evidence to show that his conduct is within an exception – that he had a concealed handgun permit [under G.S. 14-269(a1)(2) for example] – the burden of persuading the trier of fact that Defendant’s action was outside the scope of the exception falls upon the State. Based on the Court’s holding in Trimble, we conclude that the exception in N.C. Gen. Stat. § 14-269(a1)(2) is a defense, not an essential element of the crime of carrying a concealed weapon . . . .