GUN CHARGES IN NC
Violating North Carolina gun laws can lead to serious penalties such a minimum 15 years to life in jail.
NORTH CAROLINA GUN LAWS
Violating North Carolina gun laws can lead to extremely serious penalties. Offenses range from city ordinance violations (discharging a firearm within city limits) and misdemeanors (such as assault by pointing a gun) to high-class felonies. If you or a loved one has been charged or convicted of a firearm offense, it is important to understand your options. The dedicated attorneys at PRJ Law have decades of experience in defending individuals against firearm allegations and stand at the ready to discuss your case’s individualized needs. We also handle the restoration of firearm rights, the removal of civil disability to possess a firearm due to involuntary commitment, and gun permit denial appeals. Contact PRJ Law to set up a consultation with one of our experienced attorneys.
Our attorneys are experienced in gun charge cases and know how to build a strong defense to fight for your rights
The most commonly charged firearm offense in North Carolina is possession of a firearm by a person who is a convicted felon (commonly referred to as “firearm by felon”). Many people do not realize that no matter how old a felony conviction is, it will still serve to bar you from legally possessing firearms unless you petition the courts to restore your firearm rights (if you are eligible) or have the offending felony conviction expunged from your record (again, if you are eligible).
The one exception to the above is that if your prior felony conviction is for a violation of antitrust, unfair trade practices, or trade restraint laws. Conviction of such felonies do not bar you from possessing a firearm at either the state or federal level.
If you are a responsible gun owner, having your gun rights stripped away can be very frustrating. You may feel strongly in the Second Amendment of the United States Constitution which guarantees U.S. citizens the right to keep and bear arms. Unfortunately, fighting with law enforcement can only escalate your situation. At this point it would be in your best interest to hire an experienced criminal attorney to defend your rights.
POTENTIAL JAIL SENTENCING
FOR FIREARMS OFFENSES
When you are facing gun possession charges, it is essential you speak with an attorney. Felony gun offenses often lead to incarceration, ranging from a matter of days spent in the county jail to years spent in state prison. The potential penalties, whether for a misdemeanor firearm offense or felony gun offense, increase depending on the Class, or seriousness, of the offense and your prior criminal history.
In many instances, federal firearm laws are more narrow than North Carolina’s gun laws. Besides banning most convicted felons from possessing firearms, federal law also bans people who have been convicted of certain misdemeanor crimes of domestic violence, who are addicted to or unlawfully using a controlled substance, and those who have been involuntarily committed in the past. In addition, someone who has a pending felony matter that has been indicted is prohibited from shipping or transporting firearms. Federal prohibitions on gun possession also usually apply to ammunition possession as well.
Whether a prior conviction counts as a felony in federal law depends on whether the state/jurisdiction of conviction classified it as one.
REVERSALS & RESTORATIONS
REINSTATING PERMITS & LICENSES
FIREARM RIGHTS RESTORATIONS
If you are convicted of certain types of nonviolent felony, whether in North Carolina or another state, and it was only one set of felonies and has been at least 20 years since you finished serving every part of your sentence, PRJ Law can petition the district court in the district where you reside to restore your firearms rights pursuant to the law.
PRJ Law’s extraordinary team of attorneys are passionate about defending individuals accused of firearm violations and helping people protect their firearm rights. Call PRJ Law today to set up a consult with one of us
NORTH CAROLINA CHARGES
POSSESSON OF WEAPONS
Carrying a Concealed Weapon
Serial Numbers Removed
Firearms on School Property
Firearms at Airports
Weapons of Mass Destruction
10 CRITICAL POINTS
ABOUT FEDERAL FIREARM LAWS
1. FELONS CANNOT POSSESS FIREARMS Per federal rule 18 U.S.C. § 922(g)(1). It list anyone “who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year” is barred from possessing a gun. The only felonies not covered by the federal gun ban are those “pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices,” per 18 U.S.C. § 921(a)(20)(A).
2. Domestic Violence Convictions It shall be unlawful for any person . . . who has been convicted in any court of a misdemeanor crime of domestic violence . . . to possess in or affecting commerce any firearm or ammunition.” 18 U.S.C. § 922(g)(9). Under 18 U.S.C. § 921(a)(33)...The required element is not the existence of the domestic relationship but the use of a deadly weapon or the use of physical force. United States v. Hayes, 555 U.S. 415, 426 (2009).
3. Some Individuals Under Indictment Anyone who is “under indictment for a crime punishable by imprisonment for a term exceeding one year” is not allowed “to ship or transport . . any firearm, ammunition or receive any such firearm or ammunition.” 18 U.S.C. § 922(n).This statute is a bit unclear but it bars anyone under indictment from “receiving,” or acquiring, a gun they did not own before being indicted.
4. Expungement / Restoration of rights The statutory language is in 18 U.S.C. § 921(a)(20). Whether a person has a “conviction” triggering the federal gun ban is determined by “the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or had civil rights restored shall not be considered a conviction.”
5. Involuntary Committed Federal law bans firearm possession by anyone “who has been adjudicated as a mental defective or who has been committed to a mental institution.” 18 U.S.C. § 922(g)(4). As interpreted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the statute means anyone who has ever been involuntarily committed (IVC) at any age is prohibited from possessing a gun.
6. NICS background check If wrongly denied because of the NICS background check. You “may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be.
7. Drug Use Any person “who is an unlawful user of or addicted to any controlled substance” is barred from possessing guns. 18 U.S.C. § 922(g)(3). Under Ninth Circuit law, the ban applies to anyone whose drug use is “sufficiently consistent, prolonged, and close in time to his gun possession.” United States v. Purdy, 264 F.3d 809, 812 (9th Cir. 2001). T
8. Guns In The Home Or Business “[T]he fact that state law permitted [the defendant] to possess a firearm in his home despite his status as a convicted felon whose civil rights had not been restored [was] not sufficient to insulate him from federal prosecution.” United States v. King, 119 F.3d
9. Guns In The Home Or Business The federal statute prohibits possession of “any firearm or ammunition.” 18 U.S.C. § 922(g). “Ammunition” is defined as “cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.” 18 U.S.C. § 921(a)(17)(A).
10. Ignorance In United States v. Mitchell, denied the Fourth Circuit said that the Government is not required to show that a defendant knew that federal law prohibited him from possessing a gun.
GUN LAW REGULATIONS AND RESOURCES
GUN LAW REGULATIONS
North Carolina Honors All Other States Permit/Licenses.
N.C.G.S.§14-415.24. Reciprocity; out-of-state handgun permits. (a) A valid concealed handgun permit or license issued by another state is valid in North Carolina. (b) Repealed by Session Laws 2011-268, s. 22(a), effective December 1, 2011. (c) Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state. (2003-199, s. 1; 2011-268, s. 22(a).)
How To Apply For A Permit
In order to acquire a North Carolina permit, an individual must apply to the sheriff's office in the county in which he/she resides. As part of the application process, the applicant must accomplish the following: 1. Complete an application, under oath, on a form provided by the sheriff's office; 2. Pay a non refundable fee of $80.00; and 3. Allow the sheriff’s office to take two (2) full sets of fingerprints, which may cost up to $10.00; 4. Provide an original certificate of completion of an approved handgun safety course; and 5. Provide a release authorizing disclosure to the sheriff of any record concerning the applicant’s mental health or capacity. N.C.G.S.§14-415.13 Any person or entity who is given an original or photocopied release form as described in N.C.G.S.§14- 415.13(a)(5), shall promptly disclose to the sheriff, any records concerning the mental health or capacity of the applicant who signed the form and authorized the release of the records. N.C.G.S.§14-415.14(c) Permit/License is valid for 5 years. Issue or deny your application within 45 days after receipt of the items listed in N.C.G.S.14-415.13. A NICS Check is mandatory on all New/Renewal Applications.