Under North Carolina’s Felony Firearms Act, a felon is prohibited from possessing a firearm. If you violate this law, you could be charged with another felony crime that is punishable by a lengthy prison sentence.
What Is the Crime of Possession of a Firearm by a Felon?
The Felony Firearms Act makes it illegal for a person convicted of a felony to own, possess, or have in his custody, care, or control a firearm or any other weapon of mass death and destruction.
The Act spells out what is considered a firearm. It includes:
- Any weapon, including a starter gun, that can expel a projectile
- Firearm muffler or silencer
Antique firearms are not considered a firearm under the statute.
The law prohibits someone from possessing a firearm who has a felony conviction in North Carolina, another state, or under federal law. The prohibition is a lifetime ban. The only exception is if the felony conviction is for certain white-collar crimes, such as antitrust violations, unfair trade practices, or restraints of trade.
Construction and Actual Possession of a Firearm
A felon can be found in either constructive or actual possession of a firearm to be convicted of violating the Felony Firearms Act. A person would be in actual possession of a firearm if he has physical custody or possession of it.
Whether an individual is in construction possession of a firearm would depend on the facts surrounding his arrest. If he is aware of the firearm’s presence and has the ability to control its use or disposition, this may be sufficient to establish constructive possession of it. He is not required to have exclusive possession of the firearm.
What Are the Penalties for Possession of a Firearm as a Felon?
Possession of a firearm by a felon is a Class G felony. If convicted, it would be considered a second conviction under North Carolina’s sentencing guidelines because the underlying felony that resulted in the ban on possession of a firearm would be the first offense. You could be sentenced to 12 to 26 months in prison. Your punishment may be increased if you have other criminal convictions.
Can You Ever Have Your Right to Possess a Firearm Restored?
It may be possible to own a firearm again if your felony conviction is expunged. Under a new expungement law that went into effect in 2017, certain nonviolent misdemeanors and felonies may be expunged.
Have you been charged with possessing a firearm as a felon? Do you have questions about having a felony conviction expunged? Call our Charlotte office to schedule a free consultation with our experienced criminal defense attorneys today to learn how we can help you.