Gastonia Gun Crime Lawyer

Gastonia Gun Crime Attorney

The right to carry a firearm is protected under the Second Amendment—but that right is not absolute. North Carolina has the right to restrict who can carry a firearm and where firearms are and aren’t permitted. If you are facing restrictions that prevent you from obtaining a firearm permit, a Gastonia gun crime lawyer can review your case and help determine which legal strategies could restore your rights.

Hire a Gun Crime Lawyer in Gastonia, NC

The Schweppe Law Firm, P.A., has attorneys experienced in criminal defense cases, including gun crime and gun rights cases. Getting your gun rights restored can be a challenge, but a skilled Gastonia gun crime attorney can help prepare your petition and represent your rights. With over 60 years of combined experience, our team is dedicated to helping residents of Gastonia and Gaston County navigate the legal process.

Conviction Rates in North Carolina

The North Carolina Department of Adult Correction’s Administrative Analysis Unit releases an Annual Statistical Report that examines prison admission rates. For the fiscal year 2022 to 2023, North Carolina admitted 19,730 prisoners. Of those admissions:

• 44% were for public order crimes
• 29% were for property crimes
• 26% were for crimes against a person

Restore Gun Rights Through Expungement

An expungement is the process by which a criminal conviction is removed from someone’s record. Having a conviction expunged also restores any legal rights lost as a result of that conviction. The requirements for an expungement differ based on the type of crime committed, but the court generally looks at the nature of the offense, how much time has passed, whether restitution has been paid, and whether there are any pending charges.

A skilled gun rights attorney can advise which expungement options may apply to your situation and help ensure the petition is completed and filed correctly so you have the greatest chance of moving forward with a clean record.

Petition to Restore Gun Rights

If expungement is not an option, you may still be able to regain your firearm rights by filing a petition directly with the court.

When convicted of a non-violent felony in North Carolina, you have the option to petition to have your gun rights restored 20 years after the end of your restrictions. For Gastonia residents, the petition has to be filed with the Gaston County Courthouse. Before filing the petition, you must meet certain requirements. For instance, you must have:

• No other felony convictions
• No violent misdemeanor convictions
• North Carolina residency for at least one year preceding the date of filing
• Met all of the qualifying criteria

A knowledgeable gun crime attorney can help prepare the petition to ensure it is completed and filed appropriately. An improperly completed petition could result in delays, and a denied petition cannot be refiled for one year from the date it was denied.

If any of the information submitted on the petition is false, the petitioner could be found guilty of a Class 1 misdemeanor and lose the ability to petition for gun rights restoration in the future. You are also required to submit to fingerprinting and a background check before a hearing date is set for your case.

At the hearing, you and your attorney have the burden of proof to show that you meet the criteria to have your gun rights restored. The judge examines the evidence and decides whether your rights can be restored.

FAQs About Gastonia, NC Gun Crime Law

Can You Get Your Gun Rights Restored as a Felon in North Carolina?

Yes, it is possible to have your gun rights restored in North Carolina. If you have one non-violent felony conviction and you have lived in North Carolina for at least one year, you may qualify to have your gun rights restored. Depending on the type of conviction, you may qualify to have the conviction expunged from your record, or you can petition for restoration of your gun rights.

Does North Carolina Have Stand Your Ground Laws?

Yes, North Carolina has a stand your ground law that outlines when and how a person may use deadly force. A person has the right to use deadly force and does not have to retreat from any place they have a lawful right to be when necessary to defend against unlawful force. The use of deadly force is justified if the person has a reasonable belief that not using deadly force could result in imminent death or great bodily harm.

Can a Felon Live in a House With a Gun in North Carolina?

No, under the Felony Firearms Act, it is illegal for a convicted felon to own, possess, or have access to any firearm. Violating the Felony Firearms Act is punishable as a Class G felony with a maximum punishment of 47 months in prison. These restrictions apply even if the gun is lawfully owned by another resident of the household.

Can an Attorney Help You Get Your Gun Rights Restored in Gastonia?

Yes, a Gastonia gun crime attorney can help you get your gun rights restored. The legal requirements to have your felony record expunged or to petition the court to restore your gun rights can be complicated. If documents are filed incorrectly, it could delay or prevent your petition from being reviewed. An experienced attorney can ensure documents are filed accurately and offer effective strategies for presenting your case.

What Restrictions Does North Carolina Put on Gun Ownership?

Gun ownership is protected in the Constitution, but there are still restrictions in North Carolina that prevent someone from qualifying for a permit to carry a firearm. You do not qualify for a permit if you have been convicted of a felony or violent misdemeanor, or for domestic violence, are currently on bond, have been convicted of driving under the influence, have a known drug or alcohol addiction, or have been deemed mentally ill or lacking capacity.

Contact The Schweppe Law Firm, P.A.

When you hire a gun crime lawyer, you should look for one with a history of protecting their client’s constitutional rights with aggressive representation through negotiations and litigation. One mistake should not strip you of your rights. Contact The Schweppe Law Firm, P.A. to schedule your initial consultation.