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What We DoIf you have been convicted of a felony in North Carolina, it is illegal to possess a firearm. According to North Carolina’s Felony Firearms Act, Statute § 14-415.1, it is unlawful for a convicted felon to “purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction.”
Although it seems like a cut-and-dried case (police find a felon in possession of a firearm), this law is quite broad and involves several elements that the prosecution needs to prove for a guilty conviction. If you’ve been charged with possession of a firearm by a felon, you need to contact a competent and skilled Raleigh defense attorney immediately.
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At first glance, the obvious answer seems like it would be a pistol, shotgun, or hunting rifle. Although this is true, North Carolina also prohibits “any weapon of mass death and destruction,” which is defined further under G.S. 14-288.8(c) and may include:
As such, many types of explosives are prohibited, and the law may include explosives used for festivities, such as some fireworks. On the other hand, the felon in possession (FIP) law under statute § 14-415.1 does not apply to an antique firearm, as defined in G.S. 14-409.11.
Felons who have been found in possession of a firearm may be charged with a Class G felony, which may be punishable by 8 to 31 months imprisonment.
If you are a felony or have been convicted of a felony, North Carolina law states that you cannot own a firearm. This includes felons who have been convicted in any state or in any court in the United States (other than offenses related to anti-trust violations, unfair trade practices, or restraints of trade).
If you were a felon and were later pardoned, however, you may obtain a permit to own a firearm, as long as the purchase or receipt of the firearm does not violate any conditions of the pardon.
Even if you have been convicted of a felony (and not pardoned), you may be able to own a firearm. Nonetheless, it is important to note that your right to own a gun could be restored only under certain circumstances. In general, there are three possible ways to restore gun rights, including:
One of the most useful assets you can have for a felon in possession charge is an experienced, passionate, and competent criminal defense lawyer. Our defense attorneys at Dewey Brinkley Law have extensive, successful experience defending individuals of this charge, and we will devote substantial resources to proving your innocence and protecting your rights. We are also prepared to undergo the complex process of restoring your firearms rights in North Carolina. For a free consultation with our Raleigh law office, contact us as soon as possible at (919) 832-0307.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
Speak directly with Attorney Dewey Brinkley – 100% confidential and no obligation.
Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.