North Carolina Jury Instruction - Possession Of Firearm By A Convicted Felon

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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.

There is no law that specifically prohibits a relationship with someone who owns a firearm. A convicted felon can associate and be in the presence of someone who owns a firearm, but they cannot knowingly be in the presence of it.

Many states, including North Carolina, allow you to expunge felony convictions and restore your firearm rights by directly addressing the felony conviction. If there is no other reason that your firearm rights are being restricted, your rights should be restored at both the state and federal level.

The North Carolina Felony Firearms Act makes it illegal for a convicted felon to purchase, own, or possess any firearm. This includes gun parts and silencers, but it does not extend to antique firearms which are any firearm created before 1898.

§ 14-415.1. Possession of firearms, etc., by felon prohibited. (a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14-288.8(c).

There are three ways to restore your firearm rights in North Carolina, which include: Expunging a Felony Conviction; North Carolina's Restoration of Firearm Rights process under G.S. 14-415.4; and. Obtaining a Governor's Pardon.

Expunging Your Felony Conviction to Restore Gun Rights This means your record is sealed and you are given a ?clean slate.? In order to be eligible for this, your sentence or probation must have been 10 years ago or longer, must be a Class H or Class I felony, and cannot: Involve any kind of violence or assault.

Additional Long-Term Consequences of a Felony Conviction Citizenship rights. If your conviction is for a felony under North Carolina or another state's laws or a federal felony, you will lose citizenship rights in North Carolina. ... Right to vote. ... Gun ownership. ... Public office. ... Juror.

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North Carolina Jury Instruction - Possession Of Firearm By A Convicted Felon