In North Carolina, if a felon gets caught with a gun, then they will face legal consequences under the Felony Firearms Act. Specifically, the criminal act is addressed in North Carolina General Statutes (“NCGS”) Section 14-415.1.
That statute makes it illegal for any person who has been convicted of a felony to own, possess, or have in their custody any firearm or weapon of mass destruction. That statute also outlines penalties for violating the statute. For instance, violating the statute is considered a Class G felony, which can result in a prison sentence ranging from 12 to 26 months, depending on certain factors.
Additionally, under federal law, a person’s criminal background can also make it illegal for them to possess a gun. This is true for both an individual who has been convicted of or an individual that has been charged with a crime in federal court that carries a possible sentence of over a year in jail, including felonies.
In North Carolina, individuals who have been convicted of or charged with a felony or a misdemeanor that is punishable by more than two years in prison are prohibited from possessing firearms. This is part of the broader effort to prevent individuals with serious criminal backgrounds from having access to weapons.
Even more than the federal law, the legal system in North Carolina takes firearm possession by felons even more seriously. Given the serious nature of this offense, law enforcement officers will typically arrest and detain the individual that has the gun immediately. They will then face a felony charge.
Following their arrest, the individual will face a court hearing where the charges will be formally presented against them. During that hearing, the judge may also set bail. The criminal process will then proceed with an arraignment, pre-trial motions, plea deal negotiations and trial.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
The minimum sentence for a felon in possession of a firearm in North Carolina is 12 months. Once again, this is because the offense is classified as a Class G felony under North Carolina General Statutes Section 14-415.1.
However, the exact sentence given may vary depending on factors such as the individual’s criminal history and the specifics of the case. Further, a plea deal may also result in a reduced sentence. The charges may also be dropped or dismissed in some cases.
There are several factors that can lead to an extended sentence for a felon caught in possession of a firearm in North Carolina including:
- Prior Criminal Record: If a person has a history of previous convictions, especially violent crimes or other firearms offenses, that can result in a longer sentence
- Circumstances of the Possession: The context in which the firearm was found, such as if it was found during the commission of another crime or in a location where firearms are prohibited, can also increase the sentence punishment
- Type of Firearm: Possession of certain types of firearms, such as assault weapons or firearms with illegal modifications, can also lead to a longer sentence
- Number of Firearms: Possession of multiple firearms is often seen as more serious and results in a longer sentence
- Usage of the Firearm: If the felon used the firearm in a threatening manner or to commit another crime, the sentence can then be significantly increased
- Public Safety Concerns: Situations in which the felon’s possession of the firearm posed a significant risk to public safety, such as in a crowded public place, can also result in a more severe sentence
Under federal law, the minimum criminal sentence for a felon in possession of a firearm is 10 years in prison. However, if the felon has three or more prior convictions for violent felonies or serious drug offenses, then the minimum sentence will increase to 15 years under the Armed Career Criminal Act (“ACCA”). That law is codified under 18 U.S.C. Section 924(e).
Can a Felon Be Around a Person With a Gun?
In North Carolina, a felon is allowed to be around a person with a gun. However, there are important considerations to keep in mind. The first thing to keep in mind is the idea of constructive possession.
Constructive possession means that even if the felon does not physically possess the firearm, they can still be charged if they have knowledge of the firearm’s presence and the ability to control it.
For instance, if a felon is in a house where a gun is present and they know about it, they could potentially be charged with constructive possession. This also applies to situations outside of a house, such as in a vehicle.
Of course, the burden is on the state to prove constructive possession beyond a reasonable doubt. As such, it is always best for felons to avoid situations involving firearms in order to prevent any legal issues.
What Weapons Can a Felon Own To Protect Themselves?
Once again, felons are generally prohibited from owning or possessing firearms under both federal and state law. However, there are exceptions to felons owning weapons for the purpose of self-defense, including:
- Antique Firearms: Felons may possess antique firearms, which are defined as firearms manufactured before 1898 or replicas thereof that do not use conventional ammunition
- Non-Lethal Weapons: Felons can also own and use non-lethal self-defense weapons such as pepper spray, stun guns, and tasers
- Other Legal Weapons: Felons may also possess other legal weapons that are not classified as firearms or weapons of mass destruction, including items like knives (within state and federal legal limits), batons, and other self-defense tools
It is important to be aware of and comply with any local laws and regulations regarding the possession of any weapons for the purpose of self-defense.
Can a Felon’s Gun Rights Be Restored?
In short, yes. A felon’s gun rights can be restored in North Carolina if specific criteria are met and procedures are followed. Under the North Carolina General Statutes, felons who have been convicted of a nonviolent felony can petition the court to have their firearm rights restored if they meet the following criteria:
- Nonviolent Felony: Their felony must be nonviolent, meaning it cannot involve any form of violence, assault, or the use of a firearm
- Time Period: The individual must have completed all of their criminal sentence and waited at least 20 years before petitioning for restoration
- Residency: The person must have been a resident of North Carolina for at least one year prior to filing the petition
- Single Felony: The petition is only available to individuals who have a single nonviolent felony conviction
- Restoration of Civil Rights: The individual’s civil rights, including the right to possess a firearm, must have been restored.
If all of the above criteria are met, and the court grants the petition, the individual’s firearm rights will be restored. They will then be allowed to legally own and possess firearms in North Carolina.
It is important to note that the above process is not the same as the North Carolina expungement process. This means that restoring gun rights does not expunge the original felony conviction, but simply restores one’s right to possess firearms.
Overall, North Carolina law generally allows a felon to restore their gun possession rights as long as the applicant is not deemed dangerous to public safety. A local North Carolina attorney will be able to answer questions you may have regarding restoring gun rights or possessing certain items for the purpose of self-defense.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you were previously convicted of a felony and have been charged with possession of a firearm, it is recommended to immediately consult with a North Carolina criminal lawyer. LegalMatch can help you consult with an attorney near you.
A criminal attorney will be able to help you understand North Carolina’s specific laws on possessing a firearm as a felon, and be able to represent you throughout the criminal process. They can also assist you in having your firearm rights restored if they were taken away from you.
Additionally, an attorney will ensure that your legal rights are protected, and assist you in getting the charges brought against you settled in the best possible outcome. This means that they can have the charges brought against you dropped or help negotiate a plea deal. Finally, should a criminal trial become necessary, they can represent you at any in-person court proceeding.
