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In North Carolina the Felony Firearms Act makes it illegal for anyone who has been previously convicted of a felony to purchase, own, possess or have in his custody, care or control a gun or any other weapon of mass death and destruction. A felony conviction is a conviction of a crime that is possibly punishable by incarceration of more than a year, regardless of the sentence that a person may have received or served.
Possession of Firearm by A Felon can be found in N.C.G.S. 14-415.1. This charge is a Class G Felony and could receive an active sentence.
Based upon the Felony Firearms Act, a resident of North Carolina with a single nonviolent felony conviction may petition in district court for a restoration of their right to possess a firearm, if they have had their civil rights restored after completing all their terms of their sentence for at least 20 years. In order to have your civil rights restored, a person must have completed all terms of their sentence which includes fines, restitution and supervised release.
Often when dealing with Federal Charges there is a Federal Enhancement which is known as the "Armed Career Criminal Act" and it imposes a minimum of 15 years imprisonment for individuals that are convicted of possession of a firearm when they have three underlying state or federal convictions for violent felonies or severe drug offenses. The only exception that is included under this statute is that a person' who has had past felonies but they have been expunged from the person's record would not count toward the "Armed Career Criminal Act" unless there was a specific provision in their expungement to the contrary.
There are sever penalties that exist with being convicted of Possession of a Firearm by a Felon. The statutes over time have made it more difficult for a person with a criminal background to purchase, own, possess or have in its custody, care or control a gun or any other weapon of mass death and destruction lawfully.
Hall & Dixon, PLLC can help. Our criminal defense attorneys know the ins and outs of North Carolina's Possession of Firearm by a Felon law. We'll examine the details of your criminal case carefully and make sure all proper legal procedures were followed during your arrest or citation. If we find any evidence that can be used in support of your criminal defense, we'll make note of it and present it the court.
You can rely on our team of dedicated criminal defense attorneys to negotiate with the judge on your behalf and do everything possible to reduce the effects and consequences of a criminal conviction. Schedule a FREE consultation for your Misdemeanor or Felony criminal charge by calling or texting 704-993-6825.
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