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can a person that was charged with a felon for drugs in 1992…

can a person that was...
can a person that was charged with a felon for drugs in 1992 be allowed to carry a gun for hunting?
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Answered in 15 minutes by:
11/1/2012
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,292
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Under NC law, the NC Supreme Court has held that the law banning all felons from owning all guns including hunting was unreasonable. See: Britt v. State (488A07). The Court held that
N.C. Gen. Statute § 14-415.1 “violated his right to due process, equal protection under state and federal constitutions and his Second Amendment right to bear arms.” Thus, under the current status of the NC law, a convicted felon on a non-violent felony, pursuant to certain qualifications, can indeed have a rifle or shotgun for hunting pursuant to getting a court order restoring those rights. See: NC Gun Rights.

G.S. 14-415.4 subsequent to the Britt ruling has the qualifications and restoration procedures. The law allows the district court in the district where the person resides to hear your petition for restoration of your gun rights, but restoration does not constitute an expunction or pardon.

To file for restoration HOWEVER, you must have no more than one conviction for a “nonviolent felony,” which does not include any Class A, B1, or B2 felony or any Class C through I felony that involves an assault as an essential element, possession or use of a firearm or deadly weapon as an essential or nonessential element, or other specified circumstances.

To obtain restoration, you must have had their civil rights restored for at least 20 years, which typically occurs automatically under G.S. 13-1 following your completion of all terms of your sentence.


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Category: Criminal Law
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