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What are the Felony Restrictions: Owning a Gun, in North Carolina?

Fayetteville, NC |

I wouldlike to purchase a firearm for hunting purposes. I currently serve in the US Army at Fort Bragg NC, And I'm a resident of the state. I had a felony conviction in Indiana for Child support In 2003. Following the conviction and release from custudy, I reenlisted in the Army and 2006 and continued to serve since. Can I purchase and own a firearm legally?

Attorney Answers 2


This is actually a very complicated question. Do not purchase or possess a firearm until you speak with a lawyer, as the consequences can be devastating. Do not take what I'm going to write next as the final word or as legal advice.

First, you may not be a felon for NC Felon in Possession of a Firearm statute purposes because that statute requires that if the felony from another state is not also a felony in North Carolina, then the person is not a felony for purposes of the NC Felon in Possession of a Firearm Statute. (Note, this statutory construction differs from other felon-classification statutes in NC.) Note that non-support of a child is generally punished as a misdemeanor in NC.

Second, you may not be a felon for federal purposes, because under U.S. v. Simmons, the conviction in Indiana may not have had the possibility of you serving more than 1 year in prison.

I'm surprised that the Army allowed you to re-enlist as a felon. I didn't think that was possible, so it leads me to believe you may not be a felon.

On a cautionary note, talk to a lawyer because the consequences of being a felon in possession of a firearm under state law is a Class G felony and under federal law is 0 to 10 years in prison.

<a href="">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.

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First I would like to thank you for a very good discription. This is really appriated. when I approached the Army Recruiter about the felony, the response was the US gov does not reconize this as a felony for serving in the Army only. Other branches have different critia. If I am sold a firearm from license dealer whom conducts proper background checks, then It would be a legal sale which allows legal possesion of a firearm as longas the agency he makes the request from reports "yes I can own a firearm". Thanks again.


You may need a pardon or clemency, both in Indiana and Federal.

Look at this site: | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.

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