Mocksville Firearms Rights Restoration Lawyer

Mocksville Firearms Rights Restoration Attorney

Losing the legal ability to own or carry a firearm can impact your employment opportunities, family safety, and hunting traditions. That’s why the Mocksville firearms rights restoration lawyers of The Law Offices of J. Scott Smith, PLLC, work tirelessly to help you explore your options for restoring your rights.

Our team can help you determine your eligibility for restoration under North Carolina law and advocate for you before a judge if your petition is accepted.

Who Can Qualify for Firearms Rights Restoration in North Carolina?

Not every person who has lost gun rights can have them reinstated in North Carolina. The state’s laws regarding firearms rights restoration are strict. Courts closely evaluate your conviction, the time since you finished sentencing, and how you have conducted yourself since that time.

Some common requirements for firearms rights restoration include: 

• Nonviolent felony convictions only. Those convicted of certain nonviolent felonies may qualify to apply. Convictions of violence or involving weapons are likely permanently barred.
• Mandatory waiting period. North Carolina state law requires at least 20 years to pass after the completion of the sentence before firearms rights can be reconsidered.
• Completion of all sentencing terms. You must finish prison time, probation, and parole times, and pay any fines due, before restitution will be considered.
• Clean record after conviction. Any additional felony convictions can disqualify you.
• Residency in the county of filing. You have to live in the county where you file your petition. Mocksville residents must file in Davie County Superior Court, 140 South Main Street.
• Good moral character. Judges will review your rehabilitation, employment, community ties, and overall character.

Hiring a firearms rights restoration lawyer ensures your case is evaluated and presented in an effective manner.

How to Petition for Firearms Rights Restoration in Mocksville

Restoring your gun rights involves more than filling out paperwork. The process requires Mocksville residents to petition the Davie County Superior Court. This requires thorough preparation for success.

You’ll begin by consulting a Mocksville firearms rights restoration attorney. At The Law Offices of J. Scott Smith, PLLC, we examine your criminal record, sentencing, and the time that has elapsed since completion to confirm that you qualify for the legal process.

Next, we prepare a detailed petition supported by records, references, employment history, and other proof or rehabilitation. The petition is then filed with the court system.

The district attorney and local police are informed about your filing and given the chance to object to the request if they see a problem with returning your firearms rights. If they don’t object, our team presents your petition before a judge, who considers the evidence, your record, and any opposition.

If your petition is granted, your rights are restored. If denied, you may need to wait before reapplying.

Crimes That May Permanently Bar Firearms Rights Restoration

There are some convictions that prevent an individual from ever having their gun rights restored. These include: 

• Violent felonies. Crimes involving weapons, armed robbery, assault with a deadly weapon, and manslaughter, occurring at a rate of 3.11 per 1,000 residents in Mocksville, bar rights restoration.
• Major drug trafficking crimes, including large-scale trafficking offenses, will bar rights restoration.
• Sexual offenses, including sexual assault, rape, and molestation, will prevent someone from having firearms rights restored.
• Domestic violence convictions, regardless of whether the charge was a misdemeanor or felony, as the state reported 119 gun-related domestic violence deaths in 2022, would bar rights restoration.
• Federal law regulations. Federal laws can override North Carolina laws.

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

The Law Offices of J. Scott Smith, PLLC, provides individualized attention to every client. Our team holds extensive experience in handling firearms rights restoration cases successfully. We’re ready to respond to objections from prosecutors or law enforcement and argue strongly for your eligibility.

We’re familiar with the Davie County court system, judges, and local prosecutors, which helps us guide our clients toward their objectives.

FAQs

What Disqualifies You From Owning a Gun in NC?

Several factors can disqualify someone from owning a firearm in North Carolina. Violent felonies, drug trafficking, domestic violence, or crimes that involve serious bodily injury can result in a permanent ban on owning a gun. Federal law also has restrictions that vary slightly from North Carolina’s law. Even nonviolent felons remain disqualified until they successfully petition for restoration.

Can Felons Hunt in NC?

Felons in North Carolina aren’t permitted to possess any firearm. This includes hunting rifles. Some individuals may be able to hunt using alternatives, such as a crossbow, however. This depends on the type of conviction and whether there are restrictions. Violating a firearm restriction can lead to new felony charges. Consulting with an attorney or wildlife authority can help you determine if other hunting methods are legally available to you.

Does a Gun Have to Be Registered in Your Name to Carry it in NC?

North Carolina does not require statewide firearm registration. However, to legally carry a handgun, especially a concealed handgun, you need to obtain a concealed carry permit issued in your name. The permit process involves background checks, training, and approval by your local law enforcement agency. Even though registration is not a formal process in North Carolina, ownership transfers still need to comply with state and federal laws.

Does NC Have a Red Flag Law?

North Carolina doesn’t currently have a red flag law. In other states, these laws allow courts to temporarily remove firearms from individuals deemed a danger to themselves or others. Rather, North Carolina relies on existing legal tools to restrict firearm possession in high-risk situations. States often revisit safety laws and firearms laws, so it’s important to stay up-to-date with North Carolina policies.

Hire a Firearms Rights Restoration Lawyer

If you’re ready to restore your firearm rights, the Mocksville firearms rights restoration lawyers of The Law Offices of J. Scott Smith, PLLC, can guide you through the process. We can evaluate your eligibility and explain your legal options. When your petition is ready, we can represent you in court.

Contact us today to schedule a consultation and learn how we can help you take the right steps toward restoring your gun ownership rights.