North Carolina § 14-415 - 1. Possession of firearms, etc., by felon prohibited.

§ 14-415. 1. Possession of firearms, etc., by felon prohibited.

It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14-409.11. Prior convictions which cause disentitlement under this section shall only include: Felony convictions in North Carolina that occur before, on, or after December 1, 1995; and Repealed by Session Laws 1995, c. 487, s. 3, effective December 1, 1995. Violations of criminal laws of other states or of the United States that occur before, on, or after December 1, 1995, and that are substantially similar to the crimes covered in subdivision (1) which are punishable where committed by imprisonment for a term exceeding one year. The indictment charging the defendant under the terms of this section shall be separate from any indictment charging him with other offenses related to or giving rise to a charge under this section. An indictment which charges the person with violation of this section must set forth the date that the prior offense was committed, the type of offense and the penalty therefor, and the date that the defendant was convicted or plead guilty to such offense, the identity of the court in which the conviction or plea of guilty took place and the verdict and judgment rendered therein. This section does not apply to a person who, pursuant to the law of the jurisdiction in which the conviction occurred, has been pardoned or has had his or her firearms rights restored if such restoration of rights could also be granted under North Carolina law. This section does not apply and there is no disentitlement under this section if the felony conviction is a violation under the laws of North Carolina, another state, or the United States that pertains to antitrust violations, unfair trade practices, or restraints of trade. Every person violating the provisions of this section shall be punished as a Class G felon. When a person is charged under this section, records of prior convictions of any offense, whether in the courts of this State, or in the courts of any other state or of the United States, shall be admissible in evidence for the purpose of proving a violation of this section. The term "conviction" is defined as a final judgment in any case in which felony punishment, or imprisonment for a term exceeding one year, as the case may be, is authorized, without regard to the plea entered or to the sentence imposed. A judgment of a conviction of the defendant or a plea of guilty by the defendant to such an offense certified to a superior court of this State from the custodian of records of any state or federal court shall be prima facie evidence of the facts so certified. History (1971, c. 954, s. 1; 1973, c. 1196; 1975, c. 870, ss. 1, 2; 1977, c. 1105, ss. 1, 2; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1989, c. 770, s. 3; 1993, c. 539, s. 1245; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 487, s. 3; c. 507, s. 19.5(k); 2004-186, s. 14.1; 2006-259, s. 7(b); 2010-108, s. 3; 2011-2, s. 1; 2011-268, s. 13.) Editor's Note. - Session Laws 2010-108, s. 6, provides: "The Attorney General shall send a copy of this act to the United States Attorney General, the United States Department of Justice, and the federal Bureau of Alcohol, Tobacco, and Firearms for review and shall ask for a determination of the following: (i) whether a person who has his or her firearms rights restored pursuant to this act can legally purchase and possess a firearm under federal law, and (ii) whether a person who falls under the exception to the State Felony Firearms Act regarding antitrust violations, unfair trade practices, or restraints of trade as enacted by this act can legally purchase and possess a firearm under federal law. The Attorney General shall report the response to the Joint Legislative Corrections, Crime Control and Juvenile Justice Oversight Committee." Session Laws 2010-108, s. 7, as amended by Session Laws 2011-2, s. 1, provides, in part: "Prosecutions for offenses committed before the effective date of this act [February 1, 2011] are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2011-2, s. 1, amended Session Laws 2010-108, s. 7, to delete language making this section applicable to offenses committed on or after February 1, 2011. Session Laws 2011-268, which, in s. 13, amended the section by substituting "is authorized" for "is permissible" in the second sentence of the last paragraph in subsection (b), and rewriting subsection (d), provided in s. 26: "This act becomes effective December 1, 2011, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2004-186, s. 14.1, effective December 1, 2004, and applicable to offenses committed on or after that date, rewrote subsection (a). Session Laws 2006-259, s. 7(b), effective August 23, 2006, added the last sentence of the first paragraph of subsection (a). Session Laws 2010-108, s. 3, as amended by Session Laws 2011-2, s.1, effective February 1, 2011, added subsections (d) and (e). Session Laws 2011-268, s. 13, effective December 1, 2011, substituted "is authorized" for "is permissible" in the second sentence of the last paragraph in subsection (b); and rewrote subsection (d), which formerly read: "This section does not apply to a person whose firearms rights have been restored under G.S. 14-415.4 , unless the person is convicted of a subsequent felony after the petition to restore the person's firearms rights is granted." For applicability, see Editor's Note. Legal Periodicals. - For survey of 1979 constitutional law, see 58 N.C.L. Rev. 1326 (1980). For comment, "A Fighting Chance for Outlaws: Strict Scrutiny of North Carolina's Felony Firearms Act," see 32 Campbell L. Rev. 333 (2010). For article, "Do the Mentally Ill Have a Right to Bear Arms?," see 48 Wake Forest L. Rev. 1 (2013). For note, "The Fourth is Strong in This One: A Comparative Analysis of the Fourth Circuit's Approach to Judicial Scrutiny in Second Amendment Cases," see 9 Elon L. Rev. 225 (2017). For article, "Heller After Ten Years: Foreword," see 40 Campbell L. Rev. 299 (2018). For article, "Style, Substance, and the Right to Keep and Bear Assault Weapons," see 40 Campbell L. Rev. 301 (2018). For article, "The First Congressional Debate on Public Carry and What It Tells Us About Firearm Regionalism," see 40 Campbell L. Rev. 335 (2018). For article, "Heller in the Lower Courts," see 40 Campbell L. Rev. 399 (2018). For article, "Heller and Public Carry Restrictions," see 40 Campbell L. Rev. 431 (2018). For article, "Heller and 'Assault Weapons'," see 40 Campbell L. Rev. 461 (2018). For comment, "When One Word Changes Everything: How the Unitary Concept Dismantles the Basis of Terry Frisks," see 97 N.C.L. Rev. 192 (2018).