Restoration of Firearm Rights

By December 17, 2014Uncategorized

Firearm RightsBoth federal and state laws impose firearm bans following felony convictions.  Our state law,NCGS 14-415.1, bans any person convicted of a felony from purchasing, owning, or possessing any firearm.  However, a convicted felon may petition for restoration of firearm rights in North Carolina if that person meets the following statutory requirements:

  • No other felony convictions;
  • No misdemeanor convictions involving crimes of violence;
  • Resident of North Carolina for at least one year immediately preceding the filing of the petition;
  • Restoration of citizenship rights for at least 20 years prior to the filing of the petition;

In addition to meeting the above criteria, the applicant must not be disqualified under any of the provisions listed in NCGS 14-415.4(c).

Examples of these disqualifying provisions include:

  • Drug/alcohol addiction
  • Dishonorable discharge from the military
  • Being subject to a 50B or 50C restraining order

Keep in mind that the restoration of firearm rights is not an expungement, so the felony conviction will still remain on your record.  For more information on expungements and the restoration of firearm rights following a felony conviction, call The Law Offices of Wiley Nickel, PLLC today at (919) 948-7159.

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