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 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, 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.
Russell W. DeMent III
Criminal Defense Lawyer
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CRIMINAL DEFENSE SUCCESS
Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…
The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he…
Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…
Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time
Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…
The defendant was stopped for travelling 94 MPH in a 65 MPH zone. Upon approach of the vehicle the Trooper claimed to have detected a strong odor of alcohol, as well as noticed slurred speech and red, glassy eyes. Due to these observations the Trooper had the defendant step out of the vehicle to perform…
The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…
The defendant was stopped because the tinted windows on his car were too dark. When the officer approached the vehicle, the officer was able to smell a strong odor of marijuana coming from the vehicle. Upon the search of the vehicle a bookbag was located that contained digital scales, plastic baggies, a large quantity of…
Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17
Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…
The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested…
Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop
All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.
The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and…
Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…
Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…
The defendant involved in a wreck on a moped. The defendant was found by emergency responders beside the moped with injuries consistent with being involved in an accident. Defendant was transported to the hospital where law enforcement responded. Upon entering the hospital room officers smelled a strong odor of alcohol and the defendant admitted to…
Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop
Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…
Defendant charged with 2 counts of habitual impaired driving on his 7th total offense. Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.
Officers received a call about a suspicious person. When they arrived on the scene, they found the defendant in the driver’s seat of a vehicle with his music turned up loud. They knocked several times, but the defendant did not answer the door. Officers opened the door and engaged the defendant in conversation. During the…
The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…
Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…