Greensboro Firearms Rights Restoration Lawyer

Greensboro Firearms Rights Restoration Attorney

Losing your Second Amendment rights is a consequence of a serious crime in North Carolina. It can impact your ability to protect your family or provide for them by hunting. However, a Greensboro firearms rights restoration lawyer can help you seek restoration of firearms rights.

At The Law Offices of J. Scott Smith, PLLC, we can walk you through the process of petitioning for your firearms rights restoration. We evaluate your eligibility, prepare your case, and can represent you in court.

No matter if you lost your firearms rights because of a felony conviction, mental health adjudication, or another disqualifier, we can help you better understand your legal rights and options.

Who Is Eligible for Firearm Rights Restoration in North Carolina?

Not everyone who has lost their firearms rights is eligible to have them restored. North Carolina firearms rights restoration laws take many factors into consideration. This includes the nature of your convictions and how much time has passed since the sentence was completed.

Some main eligibility points include:

• Felony convictions. Violent felonies and serious crimes may result in a permanent ban. In 2020, North Carolina reported well over 189,000 felony charges. However, some felony convictions could still allow for restoration of rights.
• Completion of sentencing. You must have completed all aspects of your sentence before restoration is possible. This includes prison time, parole, and payment of any fines or restitution.
• Waiting period. North Carolina law generally requires a waiting period of 20 years after sentence completion for rights to be restored.
• No new convictions. You can’t have any felony convictions or specific misdemeanors that involve violence since your first conviction.
• Residency requirements. You must reside in the county where you’re petitioning for restoration. Greensboro residents would file in Guilford County.
• Good character requirement. Courts also consider evidence of your rehabilitation, community involvement, and character exhibited since your conviction.

How to Petition for Firearms Rights Restoration in Greensboro

For Greensboro residents, restoring firearms rights requires filing a formal legal petition in Guilford County Superior Court, 201 South Eugene St. You’ll need substantial evidence and a strong case to present to the judge.

The breakdown of the process looks like this: 

• Consult an attorney. A Greensboro firearms rights restoration attorney can evaluate your eligibility. The Law Offices of J. Scott Smith, PLLC, reviews your conviction record, sentencing, and how much time has passed since your sentence was completed.
• Prepare the petition. We’ll draft a detailed petition that outlines your eligibility and includes supporting documentation. This includes criminal history reports, letters of reference, and community involvement. You’ll also need to show proof of your employment.
• File in Guilford County Superior Court. The petition should be filed in the county where you live, which would be Guilford County Superior Court for Greensboro residents. The case then goes before the judge.
• Notification of the district attorney and law enforcement. The district attorney and local law enforcement agencies are notified of your petition. They are given the chance to review and oppose your request if they feel it is necessary.
• Court hearing. Our legal team then presents your case before the judge. The courts consider all evidence for and against you.
• Court decision. If the court grants your petition. Your firearm rights are restored. If they’re denied, there could be a waiting period before you’re eligible to apply again.

Crimes That May Permanently Bar Firearms Rights Restoration

North Carolina takes gun ownership very seriously, especially as gun-related death rates increase. Understanding the restrictions under North Carolina’s firearms rights restoration laws can help you manage expectations going into the process.

Certain crimes can permanently keep you from having firearms rights, including:

• Violent offenses, such as murder or armed robbery
• Sexual offenses, such as statutory rape or sexual assault
• Serious drug trafficking offenses
• Crimes of domestic violence, which make up 3.914 per 1,000 people in Greensboro

Why You Should Choose The Law Offices of J. Scott Smith, PLLC

The Law Offices of J. Scott Smith, PLLC, holds extensive experience in criminal defense and post-conviction relief. We take the time to listen to your story and gather the necessary details about your case. Then, we tailor a strategy to your needs to help you have the strongest chance of success.

Our team is familiar with the Guilford County court system, as well as state firearms restitution laws. When your constitutional rights are at stake, you need a legal team that can fight for your future.

FAQs

How Much Does It Cost to Restore My Gun Rights?

The cost of restoring gun rights in North Carolina varies by the complexity of your case and whether you hire an attorney. Court filing fees aren’t usually very high, but legal fees can be more costly. Pricing may include whether you need an expungement, if you had prior felony convictions, and if you’re facing opposition from the state.

How Do You Get Your Gun Rights Restored in NC?

In North Carolina, the process of restoring gun rights begins with a petition to the court. To qualify, you have to meet eligibility requirements. This includes completing your sentence, meeting waiting period requests, and demonstrating good moral character. You may also need to provide supporting documents, such as proof of rehabilitation. The court reviews your case, and the district attorney responds. The judge can then approve your right to legally own a firearm.

Can I Get My Gun Rights Restored Without a Lawyer?

You can get your gun rights restored without a lawyer. However, the process involves complicated paperwork, strict eligibility requirements, and legal arguments that are tough to make on your own. Any mistakes can lead to delays or denials. Since lawyers are much more familiar with court proceedings, your chances of success are better if you hire a firearms rights restoration lawyer.

Does a Pardon Restore Gun Rights in NC?

A pardon in North Carolina can sometimes restore civil rights, but that doesn’t automatically include restoring firearms rights. The state requires a separate legal process for that. Even with a pardon, you have to file a petition with the court to regain firearm ownership rights. The court evaluates your past convictions, rehabilitation efforts, and community standing to determine approval.

Hire a Firearms Rights Restoration Lawyer

If you’re considering pursuing firearms rights restoration in Greensboro, The Law Offices of J. Scott Smith, PLLC, can help. Reach out today to schedule a consultation. We can explain your options and evaluate your eligibility to get you on the road to restoring your constitutional rights.