Unauthorized Possession of a Firearm

Unauthorized possession of a firearm occurs when an individual owns or carries a gun without the required legal permits or when prohibited by law, such as due to a felony conviction or a specific court order. In North Carolina, strict regulations govern who may legally possess firearms, and failing to comply with these laws can lead to serious legal consequences. Individuals might face these charges after routine traffic stops, during searches incidental to other arrests, or through firearm registration checks.

If you are dealing with accusations of unauthorized possession of a firearm, it is essential to approach the situation with serious legal support. The Olsinski Law Firm, PLLC serves clients throughout North Carolina, including Charlotte and surrounding counties, providing diligent defense services tailored to the specifics of each case. Our approach combines direct legal guidance with a commitment to uphold your dignity and protect your rights. For those navigating the complexities of firearm possession laws, skilled legal representation is crucial in advocating for your interests and aiming for the most favorable outcome. Contact a Charlotte criminal defense lawyer at 704-405-2580 to discuss your case and receive a free consultation. Let us help you safeguard your rights or the rights of your loved one today.

Under North Carolina law, specifically § 14‑269.8, unlawful possession of a firearm occurs when an individual owns, has in their possession, or carries a firearm in situations where they are legally prohibited from doing so.

Examples of Unlawful Possession Charges

There are several scenarios where one might be charged with unlawful possession of a firearm. Common instances include possessing a firearm after being convicted of a felony, where firearm ownership rights have not been restored. Another situation involves individuals under domestic violence protective orders cases, where the court explicitly prohibits firearm possession. Additionally, carrying a firearm onto certain properties like schools or government buildings, where firearms are strictly forbidden, can also result in this charge.

The penalties for unlawful firearm possession in North Carolina are severe and intended to act as a deterrent. Depending on the specifics of the violation, this charge can be classified as a felony or a misdemeanor. Penalties can range from fines and probation to significant prison time. The exact consequences often depend on the individual's prior criminal record, the context of the firearm possession, and whether any other crimes were committed with the firearm.

Given the potential severity of these consequences, securing competent legal counsel is crucial. An attorney can help navigate the complexities of your case, ensuring that your rights are protected while aiming to achieve the best possible outcome. If you or someone you know is facing this charge, promptly seeking knowledgeable legal assistance is essential.

Defending against a charge of unauthorized firearm possession in North Carolina requires a clear and focused legal strategy. One common defense is proving a lack of knowledge about the firearm's presence. For example, if a firearm was found in a shared vehicle or dwelling, you might argue that you were unaware of its existence. Demonstrating that you had no intent to control or use the firearm can be crucial in these cases.

Another potential defense revolves around the legality of the search that led to the discovery of the firearm. Any evidence obtained might be inadmissible in court if the firearm was found during a search that violated your constitutional rights. Your attorney can file a motion to suppress this evidence, potentially leading to a dismissal of the charges.

Challenging the alleged violation can also involve questioning whether the legal prohibitions against you possessing a firearm were applicable. Perhaps the terms of a restraining order were misunderstood or incorrectly applied, or there might be a valid challenge regarding restoring your rights after a felony conviction.

Each case is unique, and a knowledgeable attorney can help you navigate your circumstances. Legal representation is vital in effectively presenting these defenses and managing the entire process to protect your rights and freedom. If you face such charges, contact a skilled lawyer immediately to discuss any potential defenses to gun crimes.

Felony or misdemeanor, a gun conviction can forever change your life. If you’ve been charged with the unauthorized possession of a firearm, it is important that you find an experienced C gun crimes lawyer who will take your case as seriously as you do. At the Olsinski Law Firm, PLLC, we’re a team of highly experienced and knowledgeable North Carolina criminal defense attorneys who take pride in defending clients charged with serious crimes. We understand the best gun crime defenses, when to use them, and how to present them to ensure your case ends in the best result possible. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.