Firearm Relief Under N.C.G.S. § 14-415.4

If you have a prior conviction for a felony or a domestic violence misdemeanor—regardless of how long ago it was—you are very likely not able to legally own or possess a firearm. However, if your conviction was more than 20 years ago, you may be able to pursue firearm relief under N.C.G.S. § 14.415.4, more commonly known as a Petition for the Restoration of Firearm Rights. At the Olsinski Law Firm, PLLC, we’ve assembled a dedicated team of firearm rights lawyers who are passionate about helping our clients regain their right to possess and own a firearm. If you’re looking to restore your firearm rights in North Carolina, give us a call to schedule a free consultation.

North Carolina provides three main ways to restore your firearm rights.

1. Expungement
2. Firearm Relief Under N.C.G.S. § 14-415.4
3. Governor’s Pardon

In this page, we’ll discuss pursuing firearm relief under N.C.G.S. § 14-415.4, which is better known as a Petition for the Restoration of Firearm Rights. However, this name is a little confusing because many people file a petition for expunction (expungement) to restore their firearm rights.

Under North Carolina General Statutes § 14-415.4, you may be able to petition the court to restore your right to own a firearm. However, you’ll have to meet very specific criteria before the court will entertain your petition.

Types of Convictions

Section 14-415.4 only permits those with convictions for non-violent felonies to restore their firearm rights. Non-violent felonies are generally those that do not involve violence, threats of violence, or serious bodily harm. Examples may include certain drug offenses, property crimes, or white-collar crimes.

Thus, if you have a misdemeanor conviction, you’ll need to seek restoration through another means, most likely an expungement. Note that those with a conviction for a violent crime are not eligible under § 14-415.4 or an expungement.

Completion of Sentence

To be eligible for firearm relief under § 14-415.4, you must fully complete your sentence, including any term of imprisonment, parole, probation, or post-release supervision. Moreover, you must satisfy all court-ordered conditions, including paying any fines and restitution.

Meet the Waiting Period

The waiting period requirement under § 14-415.4 is 20 years. This 20-year period starts from the sentencing date or the date you finished serving your sentence, whichever is later. During this period, you must also avoid any convictions for felony offenses or serious misdemeanor crimes.

Convince the Court It Should Restore Your Rights

Nothing in § 14-415.4 requires a judge to approve a petition for the restoration of firearm rights; it’s entirely within the judge’s discretion to grant or deny the petition as they see fit. Thus, it is important to prepare a compelling case as to why the court should restore your firearm rights. The assistance of an experienced Charlotte firearm rights restoration attorney can significantly help in preparing a strong case under § 14-415.4.

An attorney can be invaluable in helping you pursue restoration of your firearm rights under N.C.G.S. § 14-415.4. For example, at the Olsinski Law Firm, PLLC, we will initially assess your eligibility, ensuring that you meet the 20-year waiting period, have a non-violent felony conviction, and have maintained good character. From there, one of our firearm restoration lawyers will help gather and present the necessary documentation and represent you in court, arguing your case and addressing any objections from the prosecution or law enforcement. Additionally, we will ensure that your petition complies with both state and federal laws, minimizing the risk of an unnecessary denial.

If you lost your right to carry a firearm due to a criminal conviction, don’t give up hope. North Carolina lawmakers passed N.C.G.S. § 14-415.4 for the sole purpose of restoring firearm ownership rights to deserving individuals, and the Olsinski Law Firm, PLLC, is here to help you pursue that relief every step of the way. To learn more and to schedule a free consultation today, call the Olsinski Law Firm, PLLC, at 704-405-2580. You can also connect with us through our secure online contact form.