Can a convicted felon possess a firearm? Generally, no, you cannot own or possess a firearm if you have been convicted of a felony. Federal law imposes strict bans on gun ownership for individuals with felony convictions, including those related to domestic violence. This applies even if you have just been charged with a felony and not yet convicted. A firearm is “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 any firearm muffler or firearm silencer.” If you violate this law, you will be punished with a Class G felony.
North Carolina law specifies that offenses pertaining to antitrust violations, unfair trade practices, or restraints of trade are the exception; therefore, if you have been charged or convicted of one of these crimes, you can still own or possess a firearm. Further, a person charged or convicted of a felony can still own or possess antique firearms. Antique firearms are defined as those manufactured on or before 1898, any replica of such, or any muzzle-loading rifle, shotgun, or pistol that uses only black powder substitute. Misdemeanor convictions, particularly those involving domestic violence, can also impact your ability to possess firearms.
If you were convicted but later pardoned you can own or possess a firearm, so long as this does not violate the conditions of the pardon. You are also able if the crime or conviction has been expunged or set aside or your civil rights have been restored, and you are not otherwise prohibited under the law. See N.C. General Statutes §§ 14-404, 14-415.1, and 14-409.11. If you have been convicted of a nonviolent felony, you may be eligible to have your firearms rights restored through a legal process.
N.C. General Statute § 14-415.4 sets forth a procedure where certain eligible persons convicted of a felony may apply to a district court and restore their firearms rights. It is important to note that federal law also imposes restrictions on firearm possession for convicted felons. Please be aware that The Federal Firearms Statute (18 U.S.C. § 922) is separate from North Carolina’s and should be checked before anyone convicted of a felony possesses a firearm. Individuals with one nonviolent felony conviction may have different eligibility criteria for restoring their gun rights. For more information on firearms and gun laws, click here to visit the North Carolina DOJ Website.
If you have any questions, feel free to contact King Law Offices to review your individual facts. Restoration of firearm rights may also impact your eligibility for obtaining a concealed handgun permit. The process for restoring gun rights can be complex and may require legal assistance. To schedule a consultation please call 888-748-5464(KING). Our team located in Western North Carolina and Upstate South Carolina is here to help you fight for your rights.
Gun ownership laws vary by state, and it is crucial to understand both state and federal regulations. A person convicted of a felony should seek legal advice to navigate the restoration process. Federal and state laws govern the ability to possess firearms after a felony conviction. Restoring gun rights may involve expungement, pardon, or relief from federal firearms bans.
Individuals who have had their firearms rights restored must still comply with all applicable laws. The restoration process for nonviolent felony convictions may differ from that of violent felonies. The legal procedures for possessing firearms after a felony conviction can be intricate and require a thorough understanding of the law.
