Restoration of Firearm Rights
Do you qualify for restoration or your firearm rights under N.C. Gen. Stat. 14-415.4? You must make it all the way to the end to be eligible. Read on to find out.
- Have you lived in Gaston County for at least one year? If so, read on, If not, you are not eligible.
- Were you convicted of only one non-violent felony (pursuant to the definition established in N.C. Gen. Stat. 14-415.4(a)(2)), or if multiple felonies, of only non-violent felonies arising from the same event and consolidate for sentencing? If so, read on. If not, you are not eligible.
- Have your citizenship rights been restored pursuant to Chapter 13 of the N.C. General Statues, or if a conviction outside of North Carolina, the laws of the jurisdiction of conviction, including the right to posses a firearm? In North Carolina, your citizenship rights, less the right to possess a firearm, are generally restored upon your felony conviction date if no probation/parole, or the end of your probation or parole whichever date is later. If you rights have been restored in accordance with this paragraph, read on. If not, you are not eligible.
- Have you waited, for a North Carolina conviction, at least 20 years since the restoration of your rights pursuant to Chapter 13 of the General Statutes? Or if your conviction was outside of North Carolina, have you waited 20 years after your unconditional discharge or unconditional pardon by the agency having jurisdiction where the conviction occurred. If so, then read on. If not, you are not eligible.
- Are you willing to submit your fingerprints to the NC SBI for a criminal history record check? If so, read on. If not, you are not eligible.
- Are you disqualified to purchase, own, possess, or have in your custody, care or control a firearm under a provision of North Carolina law other than N.C. Gen. Stat. 14-415.1? if not, read on. If so, you are not eligible.
- Are you under an indictment for a felony or a finding of probable cause exists against you for a felony? If not, read on. If so, you are not eligible.
- Are you a fugitive from justice? If not, read on. If so, seek legal counsel.
- Are you an unlawful user of, or addicted to, marijuana, alcohol, a depressant, stimulant, or narcotic drug, or other controlled substance as defined in 21 U.S.C. 802? If not, then read on. If so, you are not eligible.
- Have you been dishonorable discharged from the armed forces. If not, then read on. If so, you are not eligible.
- Have you been adjudicated guilty or received a Prayer for Judgment Continued or suspended sentence for a misdemeanor crime of violence described in N.C. Gen. Stat. 14-415.4(e)(6) or a substantially similar out-of-state or federal crime? If not, then read on. If so, you are not eligible.
- Have you received a prayer for judgment continued for a felony in addition to the non-violent felony that disqualified you to possess a firearm? If no, then read on. If so, you are not eligible.
- Are you free on bond or personal recognizance pending trial, appeal, or sentencing for a crime that would prevent your firearm rights from being restored under N.C. Gen. Stat. 14-415.4? If not, then read on. If so, you are not eligible.
- Has an emergency order, ex parte order, or protective order been issued against you pursuant to Chapter 50B of the General Statutes, or similar out-of-state or federal order and the order is still in effect? If not, then read on. If so, you are not eligible.
- Has a civil no-contact order been issued pursuant to Chapter 50C of the General Statutes, or similar out-of-state or federal order been issued against you and the order remains in effect? If not, then read on. If so, you are not eligible.
- Have you been barred from relief under N.C. Gen. Stat. 14-415.4(j) due to a subsequent felony conviction after a prior restoration under N.C. Gen. Stat. 14.415.4? If not, then congratulations you have made it and it is time to call my office to schedule an appointment to have your firearm rights restored. If you are bared from relief, you are not eligible.