High Point Firearms Rights Restoration Lawyer

High Point Firearms Rights Restoration Attorney

The inability to legally own or possess a firearm can be a difficult consequence of a criminal conviction. It can impact your sense of personal security and prevent you from working in certain fields. But the High Point firearms rights restoration lawyers of The Law Offices of J. Scott Smith, PLLC, are dedicated to helping individuals reclaim these rights.

Our team explores your eligibility under both North Carolina and federal law and works to create an effective petition with the county courts. We stand by your side throughout the process to reinstate your Second Amendment rights.

Who Qualifies for Firearm Rights Restoration in North Carolina?

About 45.8% of North Carolina residents own a gun legally. But gun rights don’t automatically return after a certain amount of time post-conviction. The courts remain cautious, reviewing every detail of your past and present circumstances. To qualify for firearms rights restoration, you must meet important requirements. These include:

• Felony convictions. Those with a nonviolent felony record are more likely to receive firearms rights restoration. Those with violent felonies are permanently banned from possessing firearms under both state and federal law.
• Sentence completion. All penalties must have been fulfilled prior to filing the petition to reinstate firearms rights. This can mean serving time in prison, completing probation or parole, and paying all fines.
• Waiting period. North Carolina imposes a 20-year waiting period after sentence completion.
• Clean criminal record. You have to stay conviction-free during the 20-year waiting period. New felony charges, and even certain misdemeanors, can disqualify you from regaining your gun rights.
• Residency. You must file your petition with the superior court in the county where you reside.
• Good moral character. The court seeks proof that you have fully rehabilitated. They may request letters of recommendation from community members, clergy, or employers that demonstrate your good moral standing.

A High Point firearms rights restoration attorney ensures your petition is prepared correctly and has strong supporting evidence to back claims.

Filing a Petition for Firearms Rights Restoration in High Point

The path to restoring your gun rights involves the following steps:

• Case review. When you work with The Law Offices of J. Scott Smith, PLLC, we begin by reviewing your criminal record and personal history. If you qualify for rights restoration, we can begin the next step.
• Preparing documentation. A successful petition includes copies of sentencing records and a criminal background check. We also include proof of residency, employment records, and letters of recommendation that help establish your rehabilitation patterns.
• Filing the petition. Once the petition is assembled, we file it with the Guilford County Superior Court, 201 South Eugene Street.
• Notification to authorities. The District Attorney’s Office and local law enforcement may choose to oppose your petition if they believe you haven’t met legal standards.
• Court hearing. A hearing is scheduled, where we present your case to the judge. If prosecutors object, we can advocate for your rights on your behalf.
• Court decision. The judge either grants restoration, denies it, or sets conditions for future applications.

This process can be complicated, which makes having an experienced High Point firearms rights restoration attorney on your side imperative for a stronger chance of success.

Crimes That Prevent Gun Rights Restoration

Many nonviolent offenders can regain their firearm rights. However, certain offenses result in permanent prohibition.

These offenses include: 

• Sexual offenses
• Violent felonies
• Drug trafficking convictions
• Domestic violence crimes

Violent crimes in High Point occur at a rate of about 4.670 per 1,000 residents. In fact, the city has a higher overall crime rate than the average US city.

North Carolina determines whether your rights are restored within the state. However, federal law restrictions can still apply if your conviction falls into certain categories.

Because of these differences, you can’t assume that state restoration automatically clears you at the federal level. Our team examines both sets of rules to ensure you don’t face unexpected criminal liability even if you win your state case.

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

With years of experience in helping individuals get their firearms rights reinstated, The Law Offices of J. Scott Smith, PLLC, understands state and federal laws and how to counter objections from prosecutors and law enforcement. We know every situation is different. That’s why we tailor petitions to highlight your rehabilitation efforts.

From the initial consultation until your final hearing, our team walks you through the process and advocates for your rights.

FAQs

Can a Felon Own a Gun After 10 years in NC?

North Carolina doesn’t automatically restore firearms rights after a certain timeframe. Some nonviolent felons may petition the court for rights restoration after a waiting period, but eligibility depends on various factors. Violent felons, habitual offenders, and those with serious convictions may never regain the right to own a firearm in North Carolina.

What Is the Second Chance Act in NC?

The Second Chance Act in North Carolina is a law that was designed to help individuals with certain criminal records start again. It streamlines expungement for nonviolent charges. This includes dismissals, not-guilty verdicts, and older convictions. The law makes it easier for people seeking employment, housing, and educational opportunities to be successful by clearing their records.

What Crimes Cannot Be Expunged in NC?

Certain offenses in North Carolina are ineligible for expungement. This means they remain permanently on the criminal record. These typically include violent crimes, sex offenses, and drug trafficking convictions. Repeat offenders also may be prohibited from seeking expungement. Expungement is reserved primarily for nonviolent misdemeanors, certain drug offenses, and cases where charges were dismissed or acquitted.

How Do You Know if Your Gun Rights Have Been Restored?

After filing for gun rights restoration in North Carolina, you’ll receive a formal court order if your petition is granted. This order is the legal confirmation that your firearm rights have been reinstated. If you don’t get the order, assume your rights aren’t restored yet. Because firearm laws involve both state and federal restrictions, it’s a good idea to consult with an attorney if you have any questions about your rights restoration.

Hire a Firearms Rights Restoration Lawyer

Let The Law Offices of J. Scott Smith, PLLC, help you navigate North Carolina’s complex firearms rights restoration laws. Contact us today to schedule a consultation.