Winston-Salem Firearms Restoration Lawyer

Dedicated Firearms Restoration Attorney in Winston-Salem

A prior criminal conviction in North Carolina may have resulted in the loss of your right to own or possess a firearm, but it does not have to be permanent. You may be eligible to have your gun rights restored in the state of North Carolina. A Winston-Salem firearms restoration lawyer at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can help you understand and navigate the legal process for firearms restoration.

Hire a Firearms Restoration Lawyer

J. Scott Smith is a respected criminal defense attorney who has worked on many firearms rights restoration cases. He has been named a Top 100 Trial Lawyer by The National Trial Lawyers Top 100 and a Top 40 Lawyer Under 40 by the American Society of Legal Advocates

As a NAFLA Top Ten winner, he is a trusted lawyer for individuals in Winston-Salem who are looking to restore their Second Amendment rights. Awards and accolades do not guarantee results.

Understanding Your Second Amendment Rights

The Second Amendment codifies the right of Americans to bear arms. Initially, this Amendment was held to apply only to the militia or the military use of firearms. However, in 2008, the Supreme Court held that the Second Amendment protects an individual’s right to possess firearms for lawful purposes, including self-defense.

In 2022, the Court struck down a New York law requiring applicants for unrestricted licenses to carry handguns outside the home to show proper cause for self-defense, clarifying that the Second Amendment protects Americans’ right to bear arms beyond the home. These same laws apply in North Carolina and across the United States.

If you are a convicted felon, the situation is a little different. Under 18 U.S.C. 922(g), sometimes referred to as the felon-in-possession law, you are barred from gun ownership. This applies to all people who commit crimes carrying a potential penalty of over one year in prison, regardless of their time served.

Reasons to Petition to Restore Your Gun Rights

There are many reasons a convicted felon may want to file a petition to restore their gun rights. They include:

• Hunting. In 2023, 654,251 people had hunting licenses in the Tar Heel State. That amounts to 6.1 hunters for every 100 residents. If you petition to restore your gun rights, you can go back to participating in seasonal hunting legally.
• Sport shooting. You’ll also be able to rejoin firearm clubs, visit public shooting ranges, and participate in competitive shooting events without violating the law after restoring your gun rights.
• Home protection. Many North Carolinians keep guns in their homes to defend their families and properties. You are only allowed to do so if you’re legally permitted to possess firearms.
• Employment requirements. Some careers, such as driving an armored car or working in private security, require people to carry guns on the job. While you’re unlikely to get this kind of job with a felony on record, it’s possible to apply for these kinds of positions following an expungement under the Second Chance Act. To do so, you’ll need to be able to legally carry a firearm.

No matter why you want to restore your gun rights, you can do so most easily with the help of a firearm rights restoration attorney in Winston-Salem.

Who Is Eligible for Firearm Rights Restoration in North Carolina?

According to N.C. Gen. Stat. § 14‑415.4, a person convicted of a nonviolent felony in North Carolina may petition the court to restore their firearm rights. The offender must first fully complete the sentence for their felony conviction and have their citizenship rights restored.

The offender must also wait a full 20 years after these events before petitioning the court to restore their firearm rights. If the offender is successful in their petition, the court may not remove the felony conviction, but the person could have the right to possess firearms again.

If the offender has any other blemishes on their record, even a misdemeanor offense or a pending case, the court may deny their petition. In 2023, 281 firearm offenders were federally prosecuted in North Carolina, and 249 guns were seized, illustrating how seriously federal authorities take violations.

How to Petition for Firearms Restoration in Winston‑Salem

In Winston-Salem, the petition for restoration of firearms rights must be filed in Forsyth County District Court. The application process involves submitting a written petition, a state and federal background check, and paying the necessary court fees. The applicant is also required to appear in court and present their case to a judge. The judge must consider the applicant’s criminal record, character references, and evidence of rehabilitation when deciding.

Local courts in Winston-Salem frequently handle these types of petitions, but approval is not guaranteed. Judges take into account factors such as public safety, the individual’s behavior since the conviction, and any evidence of community support. Filing in the proper venue and following the specific procedures in Forsyth County can have a positive impact on the outcome of the case.

Crimes That May Permanently Bar Firearms Restoration

Not everyone who has been convicted of a crime is eligible to have their firearm rights restored in North Carolina. Some convictions automatically disqualify you from being able to receive restoration, including for felons who have been convicted of a crime of violence, drug trafficking, or domestic violence. Federal law may also prohibit you from possessing a firearm, even if your rights are restored.

In addition, if you knowingly provide false information in your petition for relief, you have committed a Class 1 misdemeanor, and you may be permanently barred from filing a new petition in the future. The judge must also consider any criminal charges pending against you at the time you filed your petition for relief.

If you were convicted of a felony that is not nonviolent, you are ineligible for restoration under N.C. Gen. Stat. § 14‑415.4, regardless of how much time has elapsed. You may also be ineligible for restoration of your firearms rights if you:

• Are under indictment for another felony
• I am a fugitive from justice
• Unlawfully use controlled substances
• Were dishonorably discharged from the military
• Are under a civil no-contact or restraining order
• Have filed a prayer for judgment continued for a felony

If you believe any of these situations apply to your case, you should let your attorney know so that they can honestly assess your chances of receiving your gun rights back and help you choose the right path forward.

Gun Rights Restoration Under the Second Chance Act

The Second Chance Act was passed with bipartisan support in North Carolina with the intention of helping people clear eligible criminal records. This Act provides automatic expungement for dismissed and not guilty charges and allows people to petition for the expungement of certain nonviolent convictions. For felony convictions, the waiting period for expungement is ten years from the date your active sentence or probation was completed.

The Second Chance Act applies only to first-time felonies. If you’re eligible for expungement, your firearms rights in the State of North Carolina can be restored because the expungement clears the felony charge from your record.

Federal law also indicates that an expunged conviction does not prevent you from firearms ownership unless the expunction order specifies that the person cannot possess firearms. However, an expunction at the state level would not affect a federal conviction for a related or unrelated crime.

How to Get Your Gun Rights Back With Multiple Felonies

It is extremely difficult to get your firearms rights restored if you have multiple felony convictions on your record. There is only one way to get your gun rights back under N.C.G.S. 14-415.1 if you’ve been convicted of multiple felonies, and it’s to receive a pardon. These are at the discretion of the Governor, and only a small number are issued each year.

Concealed Carry Permits and Gun Rights Restoration

Obtaining a concealed carry permit following gun rights restoration after a felony conviction can be a challenge. You may still be barred from possessing firearms at a federal level. If that’s the case, the local sheriff is obligated to deny your application for a concealed carry permit. If your firearms rights were restored following an expungement, this may not apply, and you may be able to get a permit to conceal carry a handgun in North Carolina.

Restoration of Gun Rights on the Federal Level

Until very recently, it was exceedingly difficult for convicted felons to have their Second Amendment rights reinstated on the federal level. However, there has been a push to change that in 2026. Early in the year, the Department of Justice released a list of 22 people in the Federal Register who were to have their federal firearm rights restored following felony convictions.

These restorations were part of a larger push to revive a program that allows people with certain felony convictions or indictments to regain their firearm rights. The administration plans to make an online application to petition for the restoration of your federal gun rights available, but it has yet to complete a final rule or establish a formal process for doing so.

FAQs

Does Gun Rights Restoration Expunge My Felony Conviction?

No, restoring your firearm rights in North Carolina does not expunge your felony conviction. The conviction will remain on your criminal record, and you will still be a convicted felon for purposes of the law. Restoration of firearm rights is a separate proceeding that restores your right to own or possess a firearm. It does not seal or expunge your criminal record. A separate petition may be necessary for that purpose.

Who Can Restore Their Firearm Rights in North Carolina?

Only those convicted of nonviolent felonies are eligible to have their firearm rights restored in North Carolina. You must have completed your sentence, had your citizenship rights restored, and not been convicted of a crime in the last 20 years. If you meet those requirements, you can file a petition with the court. Be sure to double-check that your conviction qualifies and that you have no pending charges when filing.

Does Firearms Restoration in North Carolina Restore My Federal Gun Rights?

No, the restoration of firearm rights under N.C. Gen. Stat. § 14-415.4 does not override federal laws. If you are still a prohibited person under 18 U.S.C. § 922(g), the possession of firearms is illegal under federal law. Your immunity from state prosecution cannot serve as protection against federal legal action. If you have not had your federal disability lifted, you are in violation of federal law and can be prosecuted.

Can I Be Denied Firearm Restoration Even If I’m Eligible?

Yes, you may still be denied under N.C. Gen. Stat. § 14‑415.4, even if you meet the eligibility requirements. The court must look at all of your criminal history, your current actions, and the potential danger to public safety. If you have current charges pending, active restraining orders, or provided conflicting information in your petition, these issues could count against you. Restoration of firearms rights is not automatic and requires a persuasive, well-documented case on your behalf.

Is North Carolina a Felon-Friendly State?

North Carolina is not generally considered a felon-friendly state due in part to its prohibitions on firearms ownership and the difficulty of reinstating gun rights. The Tar Heel State also enforces automatic occupational license revocations for felons working in certain medical and dental professions. That said, the Second Chance Act has proven to be beneficial for first-time felons living in the State.

Winston-Salem Firearms Restoration Lawyer

Losing your Second Amendment rights doesn’t have to be permanent. In North Carolina, it is possible to restore your gun rights. The procedure involves complex technical details that are challenging to follow, so it’s important that you hire a firearms restoration lawyer.

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we guide clients through the process of restoration in Winston-Salem. Contact us today to schedule a consultation and learn if you may be eligible for restoration.