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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23142
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was charge with assault on a female in 1992 can I perches

Customer Question

I was charge with assault on a female in 1992 can I perches and carry a hand gun in open in North Carolina and if not can get it fix to where I can ?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 4 months ago.

Was your case a felony matter or a misdemeanor crime of domestic violence?

Expert:  Zoey_ JD replied 4 months ago.

Unfortunately your civil rights are only restored in North Carolina if you can obtain a pardon from your governor. In NC a felony offender cannot "purchase, own, possess, or have in his custody, care, or control any handgun or other firearm with a barrel length of less than 18 inches or an overall length of less than 26 inches, or a "weapon of mass death or destruction." 3 [N.C.Gen. Stat. $ 14-415].

YOu would`, however, be allowed to possess one in your home or place of business. [N.C. Gen. Stat. $ 14-415.1(a)].But Federal law trumps state law, and the Feds do not accept only the partial restoration of gun rights. That means, despite NC's law, it's illegal for you under Federal law to have any firearm anywhere.

So in order to get your federal gun rights back, you would need a pardon from the governor of North Carolina. You can find out how to get that here.

Pardons are rare, but they are free and don't require that you hire a lawyer.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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