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Felon in possession of a firearm charges in North Carolina

| Sep 15, 2016 | Felonies |

Most North Carolina residents who have been convicted of felony offenses are forbidden from owning, purchasing or possessing firearms. This prohibition extends to people having in their control, care or custody of a firearm. Antique firearms are exempted from the law, as are convictions for unfair trade, antitrust violations and restraints of trade.

Convictions for violating the law prohibiting felons from possessing firearms are class G felonies. The law includes felony convictions that have occurred in North Carolina, convictions that have occurred in other states, federal felony convictions and convictions from other states that would have been felonies if they had occurred in North Carolina.

Indictments for being a felon in possession of a firearm must be pleaded separately from other charges. The indictment must list the prior felony conviction, its date, where it occurred and the identity of the court that handed it down. People who have had their rights to possess weapons restored or who have been pardoned are not covered by the law.

People who have been convicted of felonies need to be aware that their rights to possess firearms have been lost. If they are caught in possession of a firearm and are convicted, they may face lengthy prison sentences. They thus might want to retain a criminal defense attorney for help with defending against the allegations. An attorney may analyze what happened in order to determine if the investigating officers made the arrest in a constitutional manner. Defense counsel may also review the indictment in order to determine whether or not it was pleaded correctly.

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