Winston-Salem Firearms Restoration Lawyer

Winston-Salem Firearms Restoration Attorney

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 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 and post-conviction relief 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.

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 will 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 Superior 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 will consider the applicant’s criminal record, character references, and evidence of rehabilitation when making a decision.

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 will be permanently barred from filing a new petition in the future. The judge will 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.

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 will 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.

Contact a 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.

At 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.