"Your Right To Bear Arms"

Reinstating your 2nd Amendment right!

In North Carolina, if your firearm rights have been revoked, typically due to a felony conviction, you may be able to petition to have those rights reinstated. The process involves filing a petition with the court, and there are specific eligibility criteria and steps you need to follow:

1. Eligibility Criteria:

Completion of Sentence: You must have completed your sentence, including any probation or parole, and have paid all fines, restitution, and fees associated with your conviction.
Five Years: Generally, you must wait at least five years from the date of your conviction or the completion of your sentence (whichever is later) before you can file for reinstatement. In some cases, you may need to demonstrate that you have led a law-abiding life during that time.
Non-Violent Felony: In North Carolina, you can only petition to restore firearm rights if you were convicted of a non-violent felony. If you were convicted of a violent felony (e.g., murder, assault, or armed robbery), it is typically much harder to have your rights restored.

2. Petition Process:

File a Petition: To begin the process, you need to file a petition for the restoration of your firearm rights in the Superior Court of the county where you reside.
Provide Documentation: The court will require documentation proving that you have completed your sentence and met all legal obligations (e.g., proof of payment of fines, completion of probation, or other legal requirements).
Court Hearing: After the petition is filed, there will typically be a hearing where the judge will review your case. You may be required to attend the hearing and provide evidence or testimony showing that you have been rehabilitated and that you are no longer a danger to public safety.

3. Factors the Court Considers:

Criminal History: The court will consider your criminal history and whether you have committed any further crimes since your conviction.
Rehabilitation: Evidence of rehabilitation, such as employment, family support, or involvement in community service, may strengthen your petition.
Public Safety: The court will also consider whether restoring your firearm rights would pose a danger to public safety or your own safety.

4. Possible Outcomes:

Granted Petition: If the court grants your petition, your firearm rights will be restored. However, the court may impose conditions, such as requiring you to complete additional rehabilitation programs.
Denied Petition: If the court denies your petition, you may be able to appeal the decision or refile the petition after a certain period.

5. Legal Representation:

It’s highly recommended that you seek legal representation when filing for the reinstatement of your firearm rights. A lawyer can help navigate the complex process and ensure that your petition is properly prepared and presented to the court.

6. Federal Law:

Even if the state of North Carolina restores your firearm rights, federal law may still prevent you from possessing firearms if you were convicted of certain offenses, such as domestic violence-related crimes or felonies involving firearms. You should consult with an attorney to ensure you are in compliance with both state and federal laws.

Key Takeaways:

Eligibility: At least five years after your sentence, completion of any probation or parole, and a clean criminal record during that time.
Petition: Filed in the Superior Court of your county.
Considerations: Criminal history, rehabilitation, and public safety.
Outcome: The judge will decide based on the evidence presented.

If you think you are eligible and want to proceed, consulting with an attorney who specializes in criminal law or firearm rights in North Carolina would be beneficial to guide you through the process.