Can a person with a history of mental illness have a gun in North Carolina?

Under federal law, individuals who have been adjudicated as a mental defective or who have been committed to a mental institution are prohibited from receiving, purchasing or possessing a firearm. 18 U.S.C. §922(g)(4). Under North Carolina law, an individual who is currently, or has been previously adjudicated by a court to be lacking mental capacity or mentally ill is ineligible for a concealed handgun permit. N.C.G.S. §14-415.12(b)(6). Also, if an individual has been acquitted by reason of insanity or who has been determined to lack capacity to proceed at trial is prohibited from purchasing, owning, or possessing a firearm in North Carolina. N.C.G.S. §14-415.3(a).

Furthermore, the Clerk of Court is required to report certain disqualifiers to the National Instant Background Check System (NICS.) The Clerk of Court must report to NICS:

1. A determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and a danger to self or others.
2. A determination that an individual shall be involuntarily committed to a facility for outpatient mental health treatment upon a finding that the individual is mentally ill and, based on the individual’s treatment history, in need of treatment in order to prevent further disability or deterioration that would predictably result in a danger to self or others.
3. A determination that an individual shall be involuntarily committed to a facility for substance abuse treatment upon a finding that the individual is a substance abuser and a danger to self or others.
4. A finding that an individual is not guilty by reason of insanity.
5. A finding that an individual is mentally incompetent to proceed to criminal trial.
6. A finding that an individual lacks the capacity to manage the individual’s own affairs due to marked subnormal intelligence or mental illness, incompetency, condition, or disease.

Can a person with a history of mental illness have their gun rights restored in North Carolina?

Yes, it is entirely possible for a person with a history of mental illness to have a gun in North Carolina, under certain circumstances. Any individual who is prohibited from purchasing, owning, or possessing a firearm under the provisions listed above may petition the Court to restore their gun rights under the following circumstances:

1. The individual must be over the age of eighteen.
2. Any current inpatient or outpatient commitment orders must have expired.
3. The Petition must be filed in the District Court of the county where the individual was last committed, or in the county where the person lives.
4. The individual must serve notice of the Petition on the District Attorney in the county where they live, and on the Director of the treatment facility where the person was last committed.
5. The individual must prove to the Judge that they are not likely to act in a manner dangerous to public safety and that if their gun rights are restored, it would not be against the public interest.
6. The individual must sign a release giving access to their mental health records to the District Attorney.

Do I have to come to Court to get my gun rights restored if I lost my rights due to a history of mental illness?

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.

Is the hearing public or private?

Generally, the hearing is closed to the public, unless the Court finds that the public interest would be better served by conducting the hearing in public. If the Court determines the hearing should be open to the public, upon motion by the petitioner, the court may allow for the in-camera inspection (private) of any mental health records. The Court may allow the use of the record but shall restrict it from public disclosure, unless it finds that the public interest would be better served by making the record public.

How can I prove that I am not a danger to myself or others?

In considering this issue, the Judge must take into account the circumstances regarding why you lost your rights in the first place, your mental health and criminal history, your reputation in the community, and any changes in your condition or circumstances since the original determination that you were mentally ill. We have handled hundreds of these cases across North Carolina, and we have developed a system which gives the Judge the tools necessary to make a positive determination in your case. These cases are highly dependent upon the individual circumstances of each person, and our system accounts for these differences, and helps to present you in the best light possible to the Judge who is deciding your case.

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?

Yes, the decision of the Judge in District Court may be appealed to the Superior Court for a new hearing. If the Superior Court Judge denies your Petition, 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 if I lost my rights due to a history of mental illness?

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 if I lost my rights due to a history of mental illness?

The amount of time it takes to get your gun rights restored if you lost your rights due to a history of mental illness depends upon the age of the mental health records, 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 Gun 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 I can own a gun in North Carolina if I lost my rights due to a history of mental illness?

The answer to this question depends on a number of factors including the reason that your rights were lost, and any changes in your circumstances since you lost your rights.