Gun Rights Restoration Attorney in Raleigh

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Historically, North Carolina has been recognized as a gun-friendly state, with laws that support citizens’ rights to own firearms for hunting, target shooting, personal protection, and home defense. However, individuals with a prior felony conviction often face significant restrictions on gun ownership, leading to challenges in everyday life, employment, and personal security. If you’re in this situation, consulting a gun rights lawyer can be crucial to exploring your options for restoration. At Kirk, Kirk, Howell, Cutler & Thomas, our experienced gun rights lawyers specialize in helping North Carolinians with felony convictions restore their Second Amendment rights through legal avenues grounded in NC statutes.

As gun rights lawyers serving Raleigh and surrounding areas, we understand the frustration of losing firearm privileges due to a past mistake. We’ll guide you through the process, from determining eligibility to filing petitions and representing you in court. Below, we expand on the key aspects of gun rights restoration in North Carolina, focusing on available options, how a gun rights lawyer can assist, and realistic timelines for results.

How Does a North Carolina Citizen Lose the Right to Gun Ownership?

Under North Carolina General Statute (G.S.) 14-415.1, anyone convicted of a felony automatically loses the right to purchase, own, possess, or control a firearm. This prohibition applies regardless of whether the felony was violent or nonviolent, and it extends to both state and federal convictions. Even antique firearms are restricted in some cases. Federal law under 18 U.S.C. § 922(g)(1) imposes a similar lifelong ban, though NC restoration may help lift it in certain scenarios.

Losing these rights can stem from a wide range of felonies, including nonviolent offenses like certain drug charges or property crimes. Once convicted, the restriction begins immediately and persists unless actively addressed through legal means.

Can You Have Your Gun Rights Restored in North Carolina?

Yes! North Carolina provides several pathways for eligible individuals to regain firearm rights, primarily for those with nonviolent felony convictions. The key statutes are G.S. 14-415.4 for direct restoration petitions and G.S. 15A-145.5 for expungements. However, not everyone qualifies—violent felonies, multiple unconsolidated convictions, or federal offenses without prior rights restoration in the originating jurisdiction may bar you.

Interpreting these statutes can be complex due to definitions of “nonviolent” offenses (excluding Class A-G felonies, assaults, sex crimes requiring registration, and more) and waiting periods. This is where a gun rights lawyer becomes essential. They can review your criminal history, confirm eligibility, and build a strong case to avoid denials.

Requirements for Restoring Gun Rights in NC

There are several requirements that must be met for full restoration. The top two methods for acquiring restoration are:

By expungement of a non-violent felony conviction that occurred 15 or more years ago; or
By completing a 20 year wait period following your felony conviction if ineligible for expungement

*note – determining your wait period, the time starts running from the date your period of probation or jail sentenced is terminated.

Options for Restoring Gun Rights in North Carolina

North Carolina offers multiple options tailored to your situation. A gun rights lawyer will evaluate which path suits you best, potentially combining approaches for optimal results. Here’s a breakdown:

Expungement of a Nonviolent Felony Conviction Under G.S. 15A-145.5, you can petition to expunge (erase) a nonviolent felony from your record, which implicitly restores gun rights by removing the conviction entirely. This is often the preferred option for a “clean slate.”
- Eligibility Criteria:
  - Single nonviolent felony: Wait 10 years from the later of your conviction date or completion of sentence (including probation, parole, fines, and restitution).
  - Two or three nonviolent felonies: Wait 20 years from the most recent conviction or sentence completion.
  - No prior expungements of felonies (some misdemeanor expungements allowed).
  - No pending charges or subsequent convictions (except traffic infractions).
  - The offense must be “nonviolent” as defined in G.S. 15A-145.5(a) (e.g., excluding violent crimes, high-level felonies, or drug trafficking.)
- Process: File a petition in the county of conviction. The court reviews your record, and if approved, the conviction is sealed or destroyed.
- Pros: Restores rights fully and improves background checks for jobs/housing.
- Cons: Not available for violent felonies or if you have multiple disqualifying convictions.
Petition for Restoration of Firearms Rights If expungement isn’t viable (e.g., due to ineligibility or multiple convictions), G.S. 14-415.4 allows a direct petition to restore firearm rights without erasing the conviction. This restores your ability to own/possess firearms under state law and may influence federal restrictions.
- Eligibility Criteria:
  - Single nonviolent felony (or multiples from the same event consolidated for sentencing).
  - Civil rights restored (automatic under G.S. Chapter 13 upon unconditional discharge from sentence).
  - At least 20 years since civil rights restoration (i.e., 20 years post-sentence completion).
  - Resident of NC for at least one year.
  - No violent misdemeanors in the last three years, no addictions to controlled substances, and no dishonorable military discharge.
  - For out-of-state or federal convictions: Proof of rights restoration in that jurisdiction.
- Process: Petition the district court in your county of residence. Provide affidavits, character references, and evidence of rehabilitation.
- Pros: Directly targets gun rights; effective for older convictions.
- Cons: Doesn’t remove the conviction from your record; 20-year wait is lengthy.
Governor’s Pardon A pardon from the Governor can restore rights, including firearms, under G.S. 13-1 et seq. This is rare and typically reserved for extraordinary cases showing rehabilitation.
- Eligibility: No specific wait, but usually 5-10 years post-sentence. Must demonstrate good character and community support.
- Process: Submit an application to the Governor’s Clemency Office with extensive documentation.
- Pros: Comprehensive restoration, including federal implications in some cases.
- Cons: Highly discretionary and low success rate without strong advocacy.
Civil Lawsuit Challenging the Restriction In rare instances, if your rights were revoked unconstitutionally (e.g., due process violations), a gun rights lawyer may file a civil suit against the state. This could seek declaratory judgment or injunction under federal or state constitutional grounds.
- Eligibility: Case-specific; often for as-applied challenges post-Bruen (U.S. Supreme Court decision emphasizing historical firearm regulations).
- Process: File in superior court; expensive and time-intensive.
- Pros: Potential for broad relief if successful.
- Cons: High risk of denial; not a standard option.

Option	Waiting Period	Key Requirements	Typical Success Factors
Expungement	10 years (1 felony); 20 years (2-3 felonies)	Nonviolent offense; no other felonies	Clean record since conviction
Restoration Petition	20 years post-sentence	Single nonviolent felony; civil rights restored	Evidence of rehabilitation
Pardon	Variable (5-10+ years)	Exceptional rehabilitation	Strong community support
Civil Suit	None specific	Unconstitutional application	Legal precedent and facts

How a Gun Rights Lawyer Can Help

Navigating NC statutes alone is risky. Misinterpreting “nonviolent” or missing deadlines can lead to denials. As gun rights lawyers, we provide comprehensive support:

Eligibility Assessment: Review your criminal history, statutes, and case details to confirm options.
Document Preparation: Gather affidavits, character letters, and evidence; draft petitions accurately.
Court Representation: Appear at hearings, argue your case, and handle objections from the DA or SBI.
Appeals and Alternatives: If denied, appeal or pivot to another option like pardon.
Federal Guidance: Advise on how NC restoration impacts federal law (e.g., via 18 U.S.C. § 921(a)(20)). Our gun rights lawyers have successfully restored rights for many clients, ensuring compliance and maximizing chances.

When Can You Expect Results?

Timelines vary by case complexity and court backlog, but here’s what to anticipate:

Expungement: 3-6 months from filing to order (includes 30-day DA review and hearing). Results effective immediately upon approval.
Restoration Petition: 2-4 months for processing; hearings often within 60 days of filing. Rights restored upon court order, but SBI updates may take weeks.
Pardon: 6-18 months for review; decisions are infrequent.
Civil Suit: 1-2 years or more, including appeals. Factors like clean records speed things up; denials add 3-6 months for appeals. A gun rights lawyer can expedite by avoiding errors.

Reasons Gun Rights Cannot Be Restored

Even with options, restoration may be denied if:

The felony is violent (e.g., assault, robbery).
Multiple non-consolidated felonies.
Federal or out-of-state conviction without prior restoration there.
Under indictment, fugitive, or addicted to controlled substances.
Dishonorable military discharge.
False information in your petition. A gun rights lawyer can identify these barriers early.

Is There Another Option to Restoring Firearm Rights?

If you do not qualify for firearm rights restoration through expungement or the 20 year term, you may have other legal channels to pursue. Ultimately, the process is expensive and time-consuming. Your attorney may advise you to seek a civil suit against the State. If the case can be proven that your rights were removed unconstitutionally, then there may be an opportunity for restitution.

Other Areas Of Criminal Law

Our criminal defense attorneys are able to represent you for a variety of charges, including:

Assault
Battery
Burglary
Child Support
DMV hearings
Domestic violence
Drug offenses
DUI/DWI
Embezzlement
Expungement
Fraud
Hunting Violations
Juvenile offenders
Manslaughter
Murder
Parole violation>
Property crimes
Rape
Robbery
Sex crimes
Speeding tickets
Suspended licenses
Texting While Driving
Theft
Trespassing
Underage Drinking

Contact Our Gun Rights Attorneys to Restore Your Rights

Our lawyers understand the importance of gun ownership. Most residents of Raleigh and North Carolina enjoy hunting and even simply collecting rare firearms, but they cannot lawfully own or possess the gun. We believe that anyone convicted of a felony offense, after they have paid their debt to society, should receive a fair opportunity at a clean slate for the right to bear arms. If you have been convicted of a felony, but are eligible based on the NC statute to receive a restoration of rights, give our gun rights attorneys in Raleigh a call. We have provided extensive representation to many North Carolina residents over the years and are ready to help you.

Call (919) 365-6000 or complete the online contact form to speak with an attorney about your gun rights.

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Phone: (919) 365-6000

Our Office:
200 North Pine Street
Wendell, NC 27591