704-470-2440

Restoration of Firearm Rights in North Carolina

Contact Us

The best way to get firearm rights restored after a criminal conviciton is by expunging the charges that are causing the disability. When the expungement process is completed successfully, the National Instant Criminal Background Check System (NICS) that is maintained by the FBI should reflect that the charges were removed and therefore should not hinder firearm possession. Federal law specifically states that "any conviction which has been expunged... shall not be considered a conviction for purposes of this chapter," unless the expungement specifically prohibits firearm possession. If there is additional trouble in getting the FBI to approve a firearm purchase, the applicant may file a declaratory judgment action pursuant to 18 US Code § 925A.

North Carolina law also allows firearm disability due to an involuntary committment in a mental health institution to be removed under certain circumstances. For adults, the record can be updated to reflect that the applicant's mental health is not a hindrance, and for persons who were minors at the time of the committment, the IVC record can be expunged.

In 2010, North Carolina passed N.C.G.S § 14-415.4, which allows a person who has been convicted of a “nonviolent felony” to apply for restoration of their firearm rights if they meet a number of statutory requirements. Restoration of firearm rights also restores the right to apply for a handgun permit and a concealed handgun permit. However, restoration is entirely different from a expungement or a pardon.

To qualify for restoration of firearm rights, you may only have ONE (1) “nonviolent felony” conviction. The term “nonviolent felony” includes all felonies EXCEPT for the following:

  • Class A, B1, or B2 felonies
  • Class C through I felonies that:
    • Include assault as an essential element of the offense
    • Include possession or use of a firearm
    • Offender had a firearm at time of the commission of the offense
    • Require sex offender registration

In addition to the “nonviolent felony requirement,” petitioner MUST also:

  • Be a resident of NC for at least 1 year immediately preceding filing
  • Have only 1 felony conviction, or if multiple convictions, they must all arise out of the same event and consolidated for sentencing
  • Have citizenship rights restored pursuant to NCGS Chapter 13 for 20 years
  • Submit fingerprints for background check pursuant to G.S. 143B-959
  • PAY FILING FEE OF $200

Additionally, petitioner MUST NOT:

  • Be ineligible to have a firearm under any law other than G.S. 14-415.1
  • Be charged with a felony
  • Be a fugitive of justice
  • Be an unlawful user of or addicted to marijuana, alcohol, depressant, drug, or other controlled substance defined in 21 U.S.C. § 802
  • Be dishonorably discharged from Armed forces
  • Be convicted of any of the following misdemeanors SINCE the felony conviction (BEFORE IS OKAY):
    • Includes assault
    • Harassment of jurors (G.S. 14-225.2)
    • Violating orders of court (G.S. 14-226.1)
    • Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products including vapor products; or furnishing mobile phones to inmates or delinquent juveniles (G.S. 14-258.1)
    • Carrying weapons on campus or other educational property (G.S. 14-269.2)
    • Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed (G.S. 14-269.3)
    • Weapons on certain State property and in courthouses (G.S. 14-269.3)
    • Possession and sale of spring-loaded projectile knives prohibited (G.S. 14-269.6)
    • Impersonation of firemen or emergency medical services personnel (G.S. 14-269.3)
    • Impersonation of a law-enforcement or other public officer (G.S. 14-277)
    • Communicating threats (G.S. 14-277.1)
    • Weapons at parades, etc. prohibited (G.S. 14-277.2)
    • Stalking (G.S. 14-277.3A) – NOTE: Statute listed is 14-277.3 but that statute was repealed in 2008
    • Throwing, dropping, etc., objects at sporting events (G.S. 14-281.1)
    • Exploding dynamite cartridges and bombs (G.S. 14-283)
    • Riot; inciting to riot; punishments (G.S. 14-288.2)
    • Disorderly conduct (G.S. 14-288.4(a)(1) or (2))
      • (a)  Public disturbance intentionally caused by person who
        • (1)  Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence OR
        • (2) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace.
    • Looting; trespass during emergency (G.S. 14-288.6)
    • Assault on emergency personnel (G.S. 14-288.9)
    • Violations of city State of Emergency Ordinances (former G.S. 14-288.12)
    • Violations of county State of Emergency Ordinances (former G.S. 14-288.13)
    • Violations of county State of Emergency Ordinances (former G.S. 14-288.14)
    • Violation of emergency prohibitions and restrictions (G.S. 14-288.20A)
    • Child abuse (G.S. 14-318.2)
    • Violations of the standards for carrying a concealed weapon (G.S. 14-415.21(b))
    •  Misrepresentation on certification of qualified retired law enforcement officers  (G.S. 14-415.26(d))
    • Any similar out-of-state or federal offense
  • Have received a PJC for a felony, other than the non-violent conviction
  • Have pending charges or pending appeal for charges that would disqualify under this statute
  • Have a 50B protective order or 50C civil no-contact order or similar out-of-state or federal order issued and in effect against them

In addition to meeting the statutory requirements listed above, a person must also meet the requirements under federal law to ensure restoration of firearm rights.

Contact us today to determine if you qualify for restoration of your firearm rights!

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.