Key Takeaways
A criminal gun charge can restrict your Second Amendment rights long before a judge decides whether you are guilty. Federal law limits firearm possession from the moment an indictment is returned, and a protective order can require you to hand over every firearm you own within 24 hours. Most people learn this the hard way, often when a deputy arrives at the door.
At The Olsinski Law Firm, our criminal defense attorneys explain which restrictions attach at each stage of a case and which ones can be challenged. You can call our team to review the charge you are facing and the firearm consequences that come with it.
The Second Amendment protects an individual right to keep and bear arms. Congress and state lawmakers have each written statutes identifying categories of people who may not possess firearms. Those two bodies of law operate independently of one another.
That distinction shapes every weapons case we handle. Relief granted under one statute does not automatically answer the question posed by the other. Knowing which law applies to your situation determines which defenses are available and what a plea would actually cost you.
Many people assume their firearm rights stay intact until a jury returns a verdict. Federal law and civil protective orders both say otherwise. Restrictions can attach within hours of a filing, long before anyone reaches the courthouse steps.
Under 18 U.S.C. § 922(n), a person under indictment for a crime punishable by imprisonment for a term exceeding one year may not receive or transport firearms or ammunition. The restriction remains in effect while the case is pending. No conviction is required.
Notice what the statute measures: The possible sentence, not the label attached to the charge. Our attorneys read the indictment closely to confirm whether the charged offense actually crosses that threshold.
A protective order carries immediate firearm consequences that surprise most people who receive one. Under N.C.G.S. § 50B-3.1, a court can order surrender of all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms.
The timeline is short. When the items cannot be handed over at service, the defendant must deliver them to the sheriff within 24 hours. Possessing, purchasing, or receiving a firearm while that order remains active is a Class H felony under N.C.G.S. § 14-269.8.
Getting those firearms back is not automatic either. A motion for return must be filed no later than 90 days after the order expires or after final disposition of any pending criminal charges.
Federal law sets out the categories of people barred from possessing firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives publishes those prohibited person categories, and a criminal conviction is only one route onto the list.
Several categories trigger the federal prohibition:
Any one of these categories is enough to bar firearm possession under federal law.
Probation does not change the analysis. The statute asks whether the offense was punishable by more than one year of imprisonment, not how long anyone actually spent in custody. Someone who served no active time can still fall squarely within the ban.
Our team examines the judgment, the offense class, and the statutory maximum together. That review sometimes shows a conviction does not carry the federal consequence a client has been dreading for years.
A misdemeanor conviction rarely results in the loss of firearm rights. Domestic violence is the exception, and it is the one that catches people off guard. The federal list places a misdemeanor crime of domestic violence alongside felony convictions.
Because that consequence does not expire, plea decisions in these cases deserve real scrutiny. We evaluate whether the charge as written would trigger the federal prohibition before anyone enters a plea.
The state enforces a prohibition of its own, separate from anything in federal law. It applies to any person convicted of a felony, whether that conviction came from a North Carolina court or another jurisdiction entirely.
N.C.G.S. § 14-415.1 bars a person convicted of a felony from purchasing, owning, or possessing a firearm or weapon of mass destruction. Out-of-state and federal convictions count when the offense is substantially similar and punishable by imprisonment exceeding one year.
The statute does carve out limited exceptions. Antique firearms fall outside the ban, and convictions for antitrust violations, unfair trade practices, or restraints of trade do not trigger it. A pardon or a restoration of firearm rights also removes the disqualification.
The offense level turns on what the person was doing while in possession. A few tiers apply:
Each tier carries different sentencing exposure, which is why the conduct alleged matters as much as the possession itself.
A permit can disappear even when the underlying right to own a firearm survives. N.C.G.S. § 14-415.12 sets the criteria a sheriff applies to every concealed handgun permit application. The statute separates temporary bars from permanent ones:
Because a pending case alone can block a permit, timing matters as much as the eventual result.
If a weapons charge has already affected your permit or your ability to possess a firearm, our attorneys can review exactly where your case stands. Call The Olsinski Law Firm at 704-405-2580 to talk through the restrictions that apply to you.
Restoration does exist, though the path is narrow and the wait is long. Relief is available only for certain nonviolent felony convictions, and several conditions must be satisfied before a court will consider a petition.
N.C.G.S. § 14-415.4 allows a petition for restoration after at least 20 years have passed since the unconditional discharge or unconditional pardon. The petitioner must also have lived in North Carolina for at least one year before filing.
Exclusions narrow the pool further. Class A, B1, and B2 felonies are ineligible. The exclusion also covers Class C through I felonies involving assault as an essential element, the possession or use of a firearm or deadly weapon, or an offense requiring sex offender registration. An active protective order, a pending felony, or more than one felony conviction each bar relief outright.
State and federal prohibitions arise under different statutes with different requirements. A court order addressing one does not necessarily resolve the other.
Our team reviews both before advising anyone that possession has become lawful again. That caution keeps clients from walking into a new charge built on a reasonable but mistaken assumption.
Clients raise these questions when a weapons charge puts their firearm rights in doubt.
Yes. Federal law restricts receiving or transporting firearms while you are under indictment for a crime punishable by more than one year, and a protective order can require surrender within 24 hours.
Yes. A misdemeanor crime of domestic violence appears on the federal prohibited person list, so the restriction applies even though the conviction is not a felony.
A court can order you to surrender every firearm, round of ammunition, and firearm permit you hold. When surrender cannot happen at service, you must deliver them to the sheriff within 24 hours.
No. The statute exempts antique firearms from the possession ban, though we recommend confirming that a specific weapon meets the statutory definition before relying on that exception.
Yes. An impaired driving conviction disqualifies an applicant from receiving a concealed handgun permit for three years under state law.
At least 20 years must pass since your unconditional discharge or unconditional pardon, and the conviction must qualify as a nonviolent felony that is not otherwise excluded.
If a protective order gave you 24 hours to surrender firearms you have owned for years, the pressure of that deadline is real, and it is understandable.
Our criminal defense attorneys handle weapons charges from offices in Charlotte and Concord. We examine the charging documents, the offense class, and the statutory maximum to determine which state and federal restrictions genuinely apply to you rather than which ones you fear might.
Every case gets a strategy built around your circumstances. Our team explains what a plea would mean for your firearm rights before you decide anything, because those consequences frequently outlast the sentence itself. You will hear straight answers about where your rights stand and which options remain open.
We offer a free case evaluation, so you can ask questions without committing to anything. Call our team at 704-405-2580 to discuss your gun charge and the firearm restrictions you are facing.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
