WEAPONS VIOLATIONS
& 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, 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.

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Rusty DeMent in his office in Downtow Raleigh

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

CRIMINAL DEFENSE SUCCESS

Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

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.

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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

February 12, 2019

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…

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

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…

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Client found not guilty in DWI case.

June 4, 2019

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…

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

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…

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7th Offense; Sentence reduction of 75%

June 4, 2019

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.

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71% reduction in jail time acquired.

March 26, 2019

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…

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

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…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

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.

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No prison sentence for client facing 1 year.

June 4, 2019

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…

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Not Guilty DWI – No Probable Cause

March 26, 2019

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…

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