Can a felon own a gun in North Carolina?

Generally, no, an individual who has been convicted of a felony in North Carolina can not own a gun. North Carolina General Statute §14-415.1 states that it shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in their custody, care, or control any firearm or any weapon of mass death and destruction. However, this prohibition does not apply to an individual who has had their gun rights restored.

Can a felon get their gun rights restored in North Carolina?

There are many consequences of a felony conviction in North Carolina, including the loss of certain civil rights, and the right to purchase and possess a gun. The good news is that we can help you to restore your gun rights after a felony conviction in North Carolina.

In order to qualify, for a restoration of gun rights in North Carolina after a felony conviction, you must:

1. Be a resident of North Carolina for at least one year.
2. Have been convicted of only one non-violent felony.
3. Wait twenty (20) years from the time that you got off probation.
4. Not have any other convictions after your felony conviction.
5. Submit your fingerprints to the Sheriff for a background check.
6. Pay a $200.00 filing fee.

You may not qualify for a restoration of gun rights in North Carolina after a felony conviction if:

1. You are ineligible to purchase, own, or possess a firearm under any other provision of North Carolina law.
2. You are under indictment for a felony.
3. You are a fugitive from justice or have outstanding warrants for your arrest.
4. You are an unlawful user of or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance under federal law.
5. You were dishonorably discharged from the Armed Forces of the United States.
6. You have been convicted (or gotten a PJC) for a crime of violence.
7. You are free on bond for certain crimes.
8. You are subject to a restraining order.

Can I get my gun rights restored if I was convicted of a felony in federal court?

Unfortunately, no. In order to have your gun rights restored in North Carolina, you must show that “show proof of the restoration of [your] civil rights and the right to possess a firearm in the jurisdiction where the conviction occurred”. Restoration of a person’s firearms rights means that they may purchase, own, possess, or have in their custody, care, or control any firearm or any weapon of mass death and destruction.

The United States Supreme Court held in Beecham v. United States, 511 U.S. 368 (1994) that only Federal law can nullify the consequences of a federal conviction through expungement, pardon, or restoration of civil rights, even though there is no Federal procedure for restoring the civil rights of Federal felons. There is, however, a Federal law which allows for the restoration of gun rights at the Federal level. 18 U.S.C. 925 provides that the United States Attorney General had the authority to accept applications for restoration of gun rights and can grant that relief. In fact, the United States Attorney General delegated this authority to the ATF and set up a Board to adjudicate these applications. Unfortunately, congress defunded this program in 1993, so, while it is still technically possible to apply, the ATF will take no action on your application.

In short, it is not currently possible to restore your gun rights after a Federal felony conviction without filing a federal “as-applied” challenge.

Can I get my gun rights restored in North Carolina if I was convicted in a different state?

Yes, you can absolutely get your gun rights restored in North Carolina if you were convicted of a felony in a different state. However, you must show “show proof of the restoration of [your] civil rights and the right to possess a firearm in the jurisdiction where the conviction occurred”. This can be very difficult to achieve if your conviction was in a state that is not gun friendly such as New York.

We have successfully restored gun rights for individuals with convictions in Louisiana, Tennessee, Virginia, and many other states. If you need to know whether or not you qualify to have your gun rights restored, please set up an appointment with our office to discuss your options.

If I had my gun rights restored in a different state, are my gun rights automatically restored in North Carolina?

No. North Carolina does not automatically honor a restoration of gun rights from another state. You will, however, likely qualify to have your gun rights restored in North Carolina if you already had your rights restored in the state where you were convicted of a felony.

Do I have to come to Court to get my gun rights restored after a felony conviction in North Carolina?

Yes, you will need to come to Court for a hearing in order to have your gun rights restored. The good news is that we will come with you and guide you every step of the way. We have helped hundreds of law-abiding citizens to regain their Second Amendment rights, and we want to do the same for you!

We have the experience to help make this process as smooth as possible for you. As part of the process, we will prepare a Petition to restore your gun rights for you. We will handle all of the filing and notice requirements. Also, we will meet with you prior to the hearing to ensure that you are prepared and that we have the best chance possible of winning.

Can you promise that you will win my case and my gun rights will be restored?

Unfortunately, no, we cannot promise you that we will win your case. In fact, it is unethical for an attorney to promise you that they will win your case. We can, however, promise you that we have the experience, skills, and systems necessary to maximize your chances for success, that we will fight for you, and that we do not take no for an answer!

What if the Judge denies my Petition? Can we appeal?

While it is technically possible to appeal the Judge’s decision in these cases, you must be able to show that the Judge’s decision was “arbitrary and capricious,” meaning that they ignored the law, or refused to follow it, and that no reasonable Judge could have denied the Petition under the circumstances. This is a very high standard, and it is very difficult to prove.

If your Petition is denied, you can re-apply one year from the date of the denial of the original petition.

How much does it cost to get my gun rights restored after a felony conviction in North Carolina?

Our fees depend on the complexity of your case, the amount of time that it takes us to get you the result that you want, and the distance that we have to travel in order to help you. The best way to find out how much it will cost you to get your gun rights restored is to set up a consultation with our office. The good news is that our fees are generally fixed, not hourly, which means that you will know in advance precisely how much money you will spend. Also, we offer payment plans in order to make our services affordable to as many people as possible.

How long does it take to get my gun rights restored after a felony conviction in North Carolina?

The amount of time it takes to get your gun rights restored after a felony conviction in North Carolina depends upon the age of the felony case, because it can sometimes be difficult to track down the records necessary to file your Petition. Also, it may depend on where you live. Some counties in North Carolina are much more efficient than others; some counties have hearings on Petitions to Restore Firearms Rights every two weeks, and other, smaller counties only hold hearings every three months. We have helped hundreds of people across the state to get their gun rights back, and on average, a hearing will be scheduled three to six months from the time that we file your Petition.

How long before a felon can own a gun in North Carolina?

As noted above, an individual who has been convicted of a felony in North Carolina must wait twenty years from the time that they finished probation in order to petition to restore their gun rights.

What is considered to be a gun or a firearm under North Carolina law?

For the purposes of the North Carolina Felony Firearms Act, a firearm is:

1. Any 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
2. Any firearm muffler or firearm silencer.

Antique firearms are not considered to be firearms under North Carolina law. Antique firearms are:

1. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898; or
2. Any replica of any firearm described above if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
3. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder substitute, and which cannot use fixed ammunition.

Antique firearms do not include any weapon which:

1. Incorporates a firearm frame or receiver.
2. Is converted into a muzzle loading weapon.
3. Is a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.