Criminal Defense Lawyers

How to restore your gun rights in North Carolina

Restoring Your Gun Rights in North Carolina: A Comprehensive Guide

So, you’ve been convicted of a non-violent felony in North Carolina, and now you’re facing the harsh reality of losing your right to own a firearm, but, there’s hope. The state has a process that allows you to petition the court to restore your gun rights, and we’re here to guide you through it, step-by-step.

Understanding the Basics

First things first, let’s get the legal jargon out of the way, shall we? In North Carolina, if you’ve been convicted of a felony, you’re automatically prohibited from possessing any firearm or ammunition, period. But, take a deep breath, because the state recognizes that some felonies are less severe than others, and they’ve created a pathway for individuals like you to regain their Second Amendment rights.The process is outlined in North Carolina General Statute 14-415.4, and it’s designed specifically for residents who were convicted of a single, non-violent felony. 1 Now, before you get too excited, there are a few key requirements you’ll need to meet, so, let’s dive in.

Eligibility: The 20-Year Wait and Other Criteria

Alright, here’s the big one: you’ll need to wait at least 20 years after your civil rights have been restored before you can even think about petitioning the court. 2 And, by civil rights, we’re talking about the rights that were taken away when you were convicted, like the right to vote, serve on a jury, and hold public office.But, that’s not all, you’ll also need to:

• Have been a resident of North Carolina for at least one year before filing the petition. 3
• Have only a single, non-violent felony conviction. If you have multiple felonies from the same event that were consolidated at sentencing, they’ll count as one. 3
• Not have been convicted of any misdemeanor crimes of violence since your non-violent felony. 3
• Submit your fingerprints for a criminal background check. 3
• Pay a $200 filing fee, unless you’re deemed indigent. 3

And, just to make things a little more complicated, there are a few additional disqualifiers, like having an active indictment or protective order against you, or being a fugitive from justice. 3 But, don’t worry, we’ll cover those in more detail later.

The Petition Process: Step-by-Step

Alright, so you’ve met all the eligibility requirements, and you’re ready to take the plunge, here’s what you need to do:

1. Gather Your Documents: You’ll need to have copies of your felony conviction, your civil rights restoration order, and any other relevant court documents. 3
2. File the Petition: Head to the district court in the county where you reside and file a petition to restore your firearms rights, along with the $200 filing fee (or a fee waiver if you’re indigent). 3
3. Fingerprints and Background Check: The court will require you to get fingerprinted and submit to a criminal background check, so be prepared for that. 3
4. The Hearing: Once your petition is filed, the court will schedule a hearing, where you’ll have the opportunity to present your case and demonstrate why you should have your gun rights restored. 2

Now, this is where things can get a bit tricky, so, it’s highly recommended that you have an experienced attorney by your side. They’ll know how to navigate the legal system, present your case in the best possible light, and increase your chances of success.

Factors the Court Will Consider

During the hearing, the judge will consider a variety of factors to determine whether restoring your gun rights is appropriate, including:

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• The circumstances surrounding your felony conviction. 2
• Your criminal history, if any, since the felony conviction. 2
• Your reputation and character in the community. 2
• Any evidence of your enhanced civic responsibility and commitment to leading a law-abiding life. 2

Essentially, the court wants to see that you’ve turned your life around, that you’re a responsible, law-abiding citizen, and that restoring your gun rights won’t pose a threat to public safety.

What If You’re Denied?

Alright, let’s address the elephant in the room: what happens if your petition is denied? Well, you can’t just turn around and file another one the next day, there’s a waiting period. 3If your petition was denied for any reason other than having an active protective order or indictment against you, you’ll have to wait a full year before you can try again. 3 But, if the denial was due to an active order or indictment, you can re-petition once that order or indictment has expired. 3And, if you’re denied again after that, well, you’ll have to wait another year, and so on, until the court is satisfied that you meet the criteria for restoration.

Out-of-State and Federal Felony Convictions

Now, what if your felony conviction wasn’t in North Carolina, but in another state or at the federal level? Well, the process is a bit different, but, you may still be eligible to have your gun rights restored in North Carolina.For out-of-state convictions, you’ll need to show proof that your civil rights, including the right to possess a firearm, have been restored in the jurisdiction where you were convicted, and that it’s been at least 20 years since that restoration. 2As for federal convictions, the same 20-year waiting period applies, but you’ll need to demonstrate that your civil rights have been restored at the federal level, which can be a bit trickier. 2In either case, it’s crucial that you consult with an experienced attorney who can guide you through the nuances of the process and ensure that you meet all the necessary requirements.

The Importance of Legal Representation

Throughout this entire process, having a skilled attorney by your side can make all the difference. They’ll know how to navigate the legal system, present your case in the most favorable light, and increase your chances of success.But, it’s not just about winning your case, it’s also about protecting your rights and ensuring that you’re treated fairly by the court. An attorney can advise you on the best course of action, help you gather the necessary evidence and documentation, and represent you at the hearing.And, let’s be honest, the legal system can be a confusing and intimidating place, especially when your constitutional rights are on the line. Having an experienced advocate in your corner can provide peace of mind and ensure that your voice is heard.

Conclusion: A Second Chance at Your Second Amendment Rights

Losing your right to own a firearm can be a devastating blow, especially if you’re a law-abiding citizen who values the Second Amendment. But, in North Carolina, there’s a path forward, a chance to regain that right and move on with your life.The process is far from easy, and it requires patience, perseverance, and a commitment to demonstrating your rehabilitation and good character. But, with the right legal representation and a willingness to follow the letter of the law, you can increase your chances of success.So, if you’re ready to take the first step towards restoring your gun rights, reach out to an experienced attorney today. They’ll guide you through the process, answer your questions, and fight for your constitutional rights every step of the way.