Felon in Possession of a Firearm

Being charged under North Carolina's felon in possession of a firearm statute is a serious crime that carries equally serious consequences if you’re convicted. For example, a conviction for being a felon in possession of a firearm can result in substantial penalties, including lengthy imprisonment, hefty fines, and long-term restrictions on your civil liberties. The mere possibility of these severe consequences requires a vigorous defense.

At The Olsinski Law Firm, we understand the profound impact that gun crime charges can have on your life and the lives of your loved ones. Our attorneys are dedicated to pursuing justice for our clients, bringing compassion and tenacious advocacy to our work. Serving the Charlotte-Concord, NC, area, we are local lawyers who are experienced and deeply care about helping you navigate these challenging times. If you or someone you know is facing this charge, do not hesitate to reach out. Contact a Charlotte criminal defense lawyer at The Olsinski Law Firm at 704-405-2580 to discuss your case and receive a free consultation. Let us help you secure a future defined not by your past but by the possibilities ahead.

North Carolina's Felony Firearms Act, specifically under § 14‑415.1, states that it is illegal for any person who has been convicted of a felony to possess a firearm or any weapon of mass death and destruction. The law is strict; the prohibition stands regardless of the felony's nature, whether violent or non-violent. A person can be charged under this statute if found in possession of a firearm after being convicted of a felony, even if the firearm was not used illegally at the time of the arrest.

Understanding the legal consequences of this charge and navigating the judicial system requires the guidance of a knowledgeable attorney. Legal representation is crucial because the penalties for violating this statute are severe and could include significant imprisonment, hefty fines, and a permanent loss of rights. An attorney can provide essential support by challenging the basis of the firearm possession charge, exploring potential defenses to gun crimes, such as the inapplicability of the felony status, or negotiating plea deals. Most importantly, a skilled lawyer advocates on your behalf, striving to achieve the best possible outcome while ensuring your rights are protected throughout the legal process. If you face such charges, seeking legal help immediately to safeguard your future is imperative.

Examples of When Someone Can Be Charged Under the Felony Firearms Act

Individuals may face charges under North Carolina's Felony Firearms Act in various scenarios. For example, a person previously convicted of any felony may be charged if they are found possessing a firearm during a routine traffic stop or during a search of their residence. Additionally, if a former felon is reported or discovered possessing a firearm through tips or during law enforcement operations unrelated to weapons, they can still be charged under this statute.

Another common scenario involves a felon regaining possession of previously owned firearms after serving their sentence without realizing that their rights to possess firearms have not been restored. In North Carolina, these rights are not automatically restored, and taking possession without the proper legal clearance leads directly to charges under this act.

Fighting charges under the Felony Firearms Act begins with securing representation from a diligent attorney who understands the gravity of your situation. Your lawyer will first verify the legitimacy of the felony conviction that predicates the firearms charge. Mistakes in criminal records or misidentification can sometimes occur, and if the felony conviction is invalid, the firearm charge may be dismissed.

A strong defense may also argue that you were unaware of possessing the firearm. For example, if the gun was found in a shared vehicle or living space and there is no clear evidence linking you directly to the weapon, your attorney might argue that you did not know of its presence. Additionally, suppose law enforcement discovered the firearm through an illegal search. In that case, your attorney can file a motion to suppress the evidence, which, if granted, could result in the dismissal of the charges.

Your attorney can explore all avenues for defense, including procedural errors and substantive defenses that challenge the facts presented by the prosecution. Understanding each detail of your case allows your attorney to tailor a defense strategy to reduce penalties or achieve a not-guilty verdict. Hiring a lawyer early in the process is critical to effectively navigating these legal challenges and protecting your future.

If you have a prior felony and you were recently arrested in possession of a firearm, you’re likely looking at a significant jail sentence if you are convicted. However, the Olsinski Law Firm, PLLC, can help. With a team of Charlotte gun crime defense lawyers who have dedicated their careers to advocating on behalf of the accused, we are recognized as one of the top law firms for gun crimes in North Carolina. Our attorneys take a comprehensive approach to every case we handle, ensuring we delve into every possible defense before working with you to develop a strategic defense strategy designed to minimize any consequences you may face. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.