Charlotte, NC asked in Criminal Law and Domestic Violence for North Carolina

Q: How can I restore my gun rights in NC with past misdemeanors and a 50B order?

I want to have my gun rights restored in North Carolina. I'm not a felon, but I do have misdemeanors that occurred over 20 years ago and a 50B order from around 2013. What steps do I need to take to restore my gun rights, considering these past legal issues?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Restoring your gun rights in North Carolina can be a complex process, especially with a history of misdemeanors and a 50B order. First, you'll need to understand that while you're not a felon, certain domestic violence convictions or orders can still affect your ability to possess firearms. A 50B order is a domestic violence protective order, and such orders can disqualify you from owning or purchasing guns under federal law if the order involved specific restrictions.

To begin the restoration process, you can petition the court to have your gun rights restored. This would typically involve filing a motion in the county where you live, explaining your history and why you believe your rights should be reinstated. The court will look at the nature of your misdemeanors and the details surrounding the 50B order. If you've completed all requirements from your past legal issues and can demonstrate that you’re not a danger to yourself or others, there may be a path forward.

However, the decision is ultimately up to the court. You may need to show that you've rehabilitated since the incidents and that your past behavior won't repeat. It can be beneficial to gather any evidence of your personal growth or rehabilitation, such as counseling or positive community involvement. Consider consulting an attorney to help guide you through this process and to improve your chances of success.

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