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Firearm Restoration
If you’ve been convicted of certain crimes, you won’t be able to legally own or possess a firearm under state and federal law. However, just because you’ve suffered a disqualifying conviction doesn’t mean that you’ll forever be prohibited from owning a gun. In fact, there are several ways to restore your firearm rights. At the Olsinski Law Firm, PLLC, our firearm rights lawyers have extensive experience helping clients restore their Second Amendment rights. We offer custom-tailored representation that’s designed to get results.
What Convictions Result in an Inability to Lawfully Own a Gun?In North Carolina, certain criminal convictions result in a person being prohibited from lawfully owning or possessing a firearm, including:
- Any felony,
- Certain domestic violence offenses, and
- Violation of a Domestic Violence Protective Order.
The prohibition on possession or owning a firearm resulting from a disqualifying criminal conviction is indefinite; however, there are ways to restore your firearm rights in certain situations.
What Are the Ways to Restore Firearm Rights in North Carolina?Depending on your specific situation, there are a few different ways you can go about restoring your firearm rights.
Expungement of the Conviction
If the conviction is eligible for expungement, which generally applies to certain non-violent felonies and misdemeanors, successfully expunging the conviction can restore your firearm rights. North Carolina law allows for the expungement of some offenses, depending on factors like the type of crime, the time elapsed since the conviction, and whether you have any subsequent criminal record.
To obtain an expungement, you must file a petition for expungement with the court, showing that you meet all legal requirements. If the expungement is granted, the conviction is erased from your record, effectively restoring your firearm rights.
Petition for Restoration of Firearm Rights
North Carolina law makes it particularly difficult to obtain an expungement for felony offenses. Thus, if you have a felony conviction, a better option may be to petition the court for the restoration of your firearm rights under N.C.G.S. 14.415.4, provided the conviction was for a non-violent felony. To be eligible for this relief, you must wait 20 years after you’ve completed your sentence. The 20-year period includes any time on probation or parole.
The petition for restoration must be filed in the county where you reside, and you must demonstrate to the court that restoring your firearm rights would not pose a threat to public safety. The court will consider factors such as your criminal history, character, and the nature of the original offense.
After filing, the court will hold a hearing where the judge will review the petition, any objections from the prosecution, and any other relevant information before making a decision.
Pardon of the Conviction
A pardon from the Governor of North Carolina may restore your firearm rights, although it is rare and usually reserved for extraordinary cases. There are different types of pardons; however, either a pardon of innocence or a pardon of forgiveness may restore firearm rights.
To apply for a pardon, you must submit a detailed petition to the Governor’s Office, including evidence of your rehabilitation, letters of recommendation, and other supporting documentation. The Governor has full discretion to grant or deny a pardon, and the Governor is not bound by any legal criteria when reviewing pardon petitions. If granted, the pardon can remove the disqualification on firearm ownership imposed by your conviction.
Have You Lost Your Firearm Rights and Want to Learn More About Restoring Your Rights?If you suffered a disqualifying conviction more than 20 years ago, or your conviction was for a non-violent crime, you may be able to restore your firearm rights. At the Olsinski Law Firm, PLLC, our dedicated team of Charlotte criminal defense lawyers have extensive experience helping our clients restore their firearm rights. We also provide free consultations, during which we will review your eligibility and explain how we can help. 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.
