Lexington Firearms Restoration Lawyer

Lexington Firearms Restoration Attorney

Even though the Constitution guarantees every American the right to bear arms under the Second Amendment, that right can be forfeited if you are convicted of a crime—particularly for a violent one. However, a Lexington firearms restoration lawyer may be able to help you get your gun rights back.

If you are convicted of a crime, there is a chance you will lose your right to own or possess a firearm. It’s often one of the unfortunate consequences of a criminal conviction. The legal team at The Law Offices of J. Scott Smith, PLLC, recognizes how frustrating it can be to lose your firearm rights.

Depending on your situation, you may be able to petition the court to get them restored with the help of a Lexington firearms restoration attorney. You will want someone by your side through this ordeal who understands the state’s firearms restoration laws, as well as someone with experience handling firearms restoration cases similar to yours.

Why Hire a Firearms Restoration Lawyer?

There are many reasons why you should hire a firearms restoration lawyer. If you have served your sentence for your felony conviction and believe enough time has passed, you should move forward in pursuing firearm restoration with a lawyer’s help to ensure you don’t make any mistakes.

The Law Offices of J. Scott Smith, PLLC, can give you the help you need. J. Scott Smith is an accomplished defense and post-conviction relief lawyer who can bring experience and empathy to your case.

According to a recent report by the Drug Enforcement Administration (DEA), over 280 firearm offenders were prosecuted at the federal level throughout North Carolina in 2023 alone. Nearly 250 guns were seized, demonstrating just how seriously the state takes firearm violations. It can be overwhelming to lose your gun rights and difficult to get them back, but that doesn’t mean you shouldn’t do whatever you can to try. A good lawyer can help you figure out the right course.

Gun Rights and Mental Health

Losing your gun rights and serving a sentence for a felony conviction can take its toll on your mental health. In Lexington, if you want to work towards getting your gun rights restored, you may want to consider prioritizing your own mental health first. You should think about reaching out to a local mental health support group like NAMI North Carolina or Family Services of Davidson County. Talking to someone about your fears and concerns can be helpful and healing in many ways.

The Process of Restoring Your Gun Rights

According to state law, any person convicted of a nonviolent felony in North Carolina has the opportunity to petition the court for the restoration of their firearm rights, but only after they have completed their sentence.

Additionally, the offender has to wait at least 20 years after the conviction before petitioning the court. If the offender is successful, their felony conviction won’t be expunged, but they may get their gun rights back. Here’s how the petitioning process works:

• Petition. The process begins when you file a petition with the Superior Court of the county in which you currently reside. The burden of proof regarding your eligibility falls upon you, requiring you to support your claim with evidence. An experienced lawyer can help you gather court records and other evidence that shows you’ve served your sentence.
• Background check. Part of the process involves an extensive criminal background check, requiring you to submit your fingerprints. If the results reveal anything that could harm your eligibility, it could hinder your chances of having your petition approved.
• Court hearing. Once the petition is filed, you will be required to attend a court hearing where you will defend your eligibility against the district attorney. Whether or not you will get your gun rights restored is entirely up to the judge presiding over the case. If your petition is denied, you will have to wait a year before you can petition again.

FAQs

How Much Does It Cost to Restore Your Gun Rights in North Carolina?

The cost to restore your gun rights in North Carolina varies from case to case. The filing fees are different in every county, and you also have to take into account lawyer fees and various court costs. Depending on your situation, you could pay anywhere between several hundred and several thousand dollars.

Can I Restore My Gun Rights in North Carolina?

Yes, it may be possible for you to restore your gun rights in North Carolina, but only after you have met certain requirements and are considered eligible. You have to have been convicted of a nonviolent felony, and you must serve your complete sentence. After 20 years without any new criminal convictions, you may be eligible to have your gun rights restored. Speak to a lawyer about the possibility of pursuing legal action for restoration.

Can Felons Get Their Gun Rights Back in North Carolina?

Not every felon is eligible to get their gun rights back in North Carolina. Only nonviolent offenders are potentially eligible, and only if they meet other requirements—including a 20-year waiting period after their initial conviction. During those 20 years, you cannot have any additional criminal convictions, nonviolent or otherwise. Before filing a petition for gun rights restoration, you should talk to a lawyer about your eligibility.

Can You Be a Felon and Carry a Gun in North Carolina?

No, you cannot generally carry a gun in North Carolina if you are a felon. The Felony Firearms Act prohibits convicted felons from possessing firearms. Depending on the nature of your conviction, however, you may be eligible for gun rights restoration. You may want to reach out to a defense lawyer to inquire about your eligibility and go from there.

Contact Us Today

At The Law Offices of J. Scott Smith, PLLC, we can help you build a case for the restoration of your gun rights. Contact us to speak to a member of our team about what we can do for you.