Weapons Violations and Rights Restoration

In North Carolina, residents have a constitutional right to bear arms.  Many North Carolina residents fail to realize that it can be a crime to possess a weapon if you are a convicted felon.  However, if you have a prior non-violent felony conviction that has prevented you from owning a firearm in the past, you may be eligible to have your firearms rights restored.  

WEAPONS VIOLATIONS

Weapons violations can result from the lack of knowledge of the appropriate way to carry a gun or use of a firearm or weapon while committing a crime.  

Criminal charges for violations of carrying a concealed weapon can be the result of the following:

• Carrying concealed without a proper permit;
• Carrying a firearm or weapon while on school grounds;
• Carrying concealed where alcohol is served;
• Using a firearm or weapon while committing a crime;
• Failing to notify a police officer that you have a concealed weapon when pulled over for a traffic stop;
• Forgetting that you have a firearm or weapon in your carryon luggage at the airport; and,
• Possession of a firearm a convicted felon.

Depending on the facts in your particular case, carrying a concealed weapon could constitute a felony charge or a federal crime.  

If you have been charged with a weapons violation, you are facing the possibility of a prison sentence, a hefty fine, and the loss of your right to possess a weapon in the future.

RESTORATION OF YOUR RIGHTS TO CARRY A WEAPON

Many North Carolina residents who have lost their rights to own and carry a weapon due to a prior non-violent felony conviction can have their rights restored under North Carolina law.  

The most common way to restore gun ownership rights is by expunging a record. A record expungement can occur in cases of a non-violent felony conviction that is at least 10 years old. In other cases, gun ownership rights can be restored by petitioning the court to restore your rights 20 years after a non-violent felony conviction.  

When the options of expunging your conviction or petitioning the court are not available, it is possible to regain rights to possess and carry a weapon by filing a civil suit against the state of North Carolina.  The theory of the lawsuit is that your rights to own and carry a firearm are being unconstitutionally denied. Litigation has helped many North Carolinians restore their rights to own and carry weapons, however, the process of litigation can be more complicated and expensive.

At DeMent Askew Johnson & Marshall, we have over 40 years of experience and a team of criminal defense attorneys who know the laws governing the possession of weapons and the restoration of gun ownership rights.  We have been successful in defending weapons violation charges and helped many North Carolina residents regain their rights to possess and carry weapons. Our attorneys are ready to aggressively defend your rights to bear arms.  Call us today for a free consultation with one of our criminal defense attorneys at 919-833-5555.