Restoration of Firearm Rights

One old felony took your firearm rights. The law may give them back.

N.C. Gen. Stat. §14-415.4 lets qualifying Gaston County residents petition to restore firearm rights after a single non-violent felony. The checklist below tells you if you qualify. Make it to the end, and it’s time to call.

Can my firearm rights be restored in North Carolina? Possibly, if you were convicted of only one non-violent felony (or multiple non-violent felonies from the same event, consolidated for sentencing), your citizenship rights have been restored, and at least 20 years have passed since that restoration, you may qualify to petition under N.C. Gen. Stat. §14-415.4. You must clear every requirement below. Read through them in order. If you make it to the end, call my office to schedule an appointment.

The Eligibility Gauntlet

Sixteen requirements. Read on, or stop where you stand.

Do you qualify for restoration of your firearm rights under N.C. Gen. Stat. 14-415.4? You must make it all the way to the end to be eligible. For each item: if you can answer as indicated, read on. If not, you are not eligible.

  1. Residency. Have you lived in Gaston County for at least one year? If so, read on.
  2. One non-violent felony. Were you convicted of only one non-violent felony (per the definition in §14-415.4(a)(2)), or of multiple non-violent felonies arising from the same event and consolidated for sentencing? If so, read on.
  3. Citizenship rights restored. Have your citizenship rights been restored pursuant to Chapter 13 of the N.C. General Statutes (or, for an out-of-state conviction, the laws of that jurisdiction, including the right to possess a firearm)? In North Carolina, citizenship rights (less the right to possess a firearm) are generally restored on your conviction date if there was no probation or parole, or at the end of probation/parole, whichever is later. If restored, read on.
  4. The 20-year wait. For a North Carolina conviction, have you waited at least 20 years since the restoration of your rights under Chapter 13? (For an out-of-state conviction: 20 years after your unconditional discharge or unconditional pardon.) If so, read on.
  5. Fingerprints. Are you willing to submit your fingerprints to the NC SBI for a criminal history record check? If so, read on.
  6. No other disqualification. Are you disqualified from purchasing, owning or possessing a firearm under a provision of North Carolina law other than §14-415.1? If not, read on.
  7. No pending felony. Are you under indictment for a felony, or does a finding of probable cause exist against you for a felony? If not, read on.
  8. Not a fugitive. Are you a fugitive from justice? If not, read on. If so, seek legal counsel.
  9. No unlawful substance use. Are you an unlawful user of, or addicted to, marijuana, alcohol, a depressant, stimulant, or narcotic drug, or other controlled substance as defined in 21 U.S.C. 802? If not, read on.
  10. Discharge status. Have you been dishonorably discharged from the armed forces? If not, read on.
  11. No violent misdemeanor. Have you been adjudicated guilty of, or received a PJC or suspended sentence for, a misdemeanor crime of violence described in §14-415.4(e)(6) or a substantially similar out-of-state or federal crime? If not, read on.
  12. No extra felony PJC. Have you received a prayer for judgment continued for a felony in addition to the non-violent felony that disqualified you? If not, read on.
  13. Not on bond. Are you free on bond or personal recognizance pending trial, appeal, or sentencing for a crime that would prevent restoration under §14-415.4? If not, read on.
  14. No active 50B order. Has an emergency, ex parte, or protective order under Chapter 50B (or a similar out-of-state or federal order) been issued against you that is still in effect? If not, read on.
  15. No active 50C order. Has a civil no-contact order under Chapter 50C (or similar out-of-state or federal order) been issued against you that remains in effect? If not, read on.
  16. Not previously barred. Have you been barred from relief under §14-415.4(j) due to a subsequent felony conviction after a prior restoration? If not, congratulations. You have made it, and it is time to call my office to schedule an appointment to have your firearm rights restored.
Common Questions

Firearm rights FAQs.

I had two felonies from the same night. Am I out?

Not necessarily. The statute allows multiple non-violent felonies if they arose from the same event and were consolidated for sentencing. They are treated like a single conviction for eligibility purposes.

When does the 20-year clock start?

For a North Carolina conviction, at the restoration of your citizenship rights under Chapter 13: generally your conviction date if there was no probation or parole, or the end of probation/parole, whichever is later. For out-of-state convictions, 20 years from your unconditional discharge or unconditional pardon.

What if my felony was in another state?

You may still qualify: the statute accounts for out-of-state convictions, looking to that jurisdiction’s restoration of your rights (including firearm rights) and its own 20-year measure. These cases have extra moving parts. Bring your records and we’ll sort it out.

Could an expunction help me instead?

Sometimes. Certain non-violent felony convictions can be expunged under §15A-145.4 or §15A-145.5, which addresses the record itself. Which path fits depends on your conviction and timeline. See expunctions →

Made It To The End?

If you cleared all sixteen, it’s time to call.

704-675-9939

Schedule an appointment to petition for restoration of your firearm rights. Free initial consultation.