Asheville Criminal Defense Lawyer / Asheville Firearm Offenses Lawyer

Asheville Firearms Offenses Defense Lawyer

Firearms offenses are among the most serious criminal charges prosecuted in North Carolina. Gun laws in the state and under federal law are complex, and a conviction can result not only in significant prison time but also in the permanent loss of the right to own or possess firearms. Because of the serious constitutional issues at play, particularly those involving the Second Amendment, defending against firearm-related charges often requires a nuanced legal strategy.

With experience as a state and federal prosecutor and recognition as a Board-Certified specialist in both state and federal criminal law in North Carolina, Asheville firearms offenses defense lawyer John Pritchard is uniquely qualified to handle firearms offenses and gun crime defense in Buncombe County, including passionate representation in the process of firearm rights restoration for individuals who have lost those rights due to a criminal conviction.

Firearm Offenses Are Treated Seriously in State and Federal Courts

In North Carolina, firearm-related charges often arise in two situations: (1) unlawful possession or ownership of a firearm, and (2) using or displaying a firearm in the commission of another crime. Both categories are taken extremely seriously by prosecutors and judges. Convictions may result in mandatory minimum prison sentences, enhanced penalties for otherwise lesser offenses, and long-term collateral consequences such as restrictions on employment and housing opportunities.

Federal law also plays a significant role. The U.S. government frequently prosecutes gun crimes under statutes that carry harsher penalties than their state counterparts. Because of this overlap, defendants in North Carolina may face charges in both state and federal court.

Possession of a Firearm by a Felon (G.S. 14-415.1)

One of the most common firearm charges in North Carolina is possession of a firearm by a convicted felon. Under North Carolina General Statutes § 14-415.1, it is unlawful for any person who has been convicted of a felony in any state or federal court to own, possess, or have custody or control of a firearm. This offense is a Class G felony in North Carolina, punishable by up to 47 months in prison, depending on prior criminal record.

It is important to note that this law applies broadly, including not just handguns and rifles but any weapon that falls within the definition of a firearm. Even constructive possession, such as the presence of a firearm located in a shared vehicle or residence, can support a charge.

Federal Law Regarding Firearms Offenses

The United States has its own statute that criminalizes the crime of possessing a firearm by felons. At the federal level, 18 U.S.C. § 922(g) prohibits felons (and certain other categories of individuals such as unlawful drug users or those convicted of domestic violence misdemeanors) from possessing firearms or ammunition. A conviction of this federal offense carries up to 10 years in federal prison. If the individual has three prior convictions for violent felonies or serious drug offenses, the penalty can increase dramatically to a mandatory minimum of 15 years without parole, due to provisions in the Armed Career Criminal Act (ACCA).

Because of the severe sentencing under federal law, federal prosecutors often take over felon-in-possession cases when they believe a harsher penalty is warranted.

But there are other cases in which the feds may step in, such as crimes aimed against certain types of weapons (explosives, short barrel rifles, sawed-off shotguns, etc.) as well as mandatory prison sentences for the possession or use of firearms during drug crimes or violent offenses. This statute, 18 U.S.C. § 924(c), can add anywhere from five years in prison up to a life sentence.

Other Serious Firearm Offenses in North Carolina

Carrying a Concealed Weapon (G.S. 14-269)

Under § 14-269 of the North Carolina General Statutes, it is illegal to carry a concealed firearm without a valid concealed carry permit. A first offense is a Class 2 misdemeanor, punishable by up to 60 days in jail. However, a second or subsequent offense can result in conviction for a Class H felony, punishable by up to 39 months in prison.

Possession of a Firearm on School Property (G.S. 14-269.2)

Possession of a firearm on educational property, whether a primary, secondary, or postsecondary school, is a serious offense. Possession alone is a Class I felony, while use or discharge of a firearm on school property is a Class F felony, carrying potential prison sentences of more than 40 months.

Assault with a Deadly Weapon (G.S. 14-32)

When a firearm is used in the commission of an assault, penalties are greatly enhanced. For example, assault with a deadly weapon with intent to kill and inflicting serious injury is a Class C felony, carrying up to 231 months in prison. This illustrates how the presence of a firearm escalates the seriousness of otherwise lesser charges.

Armed Robbery (G.S. 14-87)

Robbery with firearms or other dangerous weapons is addressed under § 14-87, where armed robbery is classified as a Class D felony. Conviction can yield up to 204 months (17 years) in prison, even for first-time offenders. To make matters worse, the use or threatened use of a firearm in a robbery almost always results in the maximum charges available under the statute.

Defenses to Firearms Charges in Asheville

Because of the constitutional right to bear arms, firearm cases often hinge on issues of procedure, knowledge, and intent. Possible defenses may include:

Unlawful Search and Seizure: If police discovered a firearm during an illegal stop, search, or seizure, the evidence may be suppressed under the Fourth Amendment.
Lack of Possession: In constructive possession cases, it may be possible to argue that the defendant had no knowledge or control over the firearm.
Mistaken Identity: In cases involving allegations of use or discharge, mistaken identification can be challenged through cross-examination and expert testimony.
Restoration of Rights: In some cases, a defendant may have had their firearm rights legally restored before the arrest, providing a complete defense.
Constitutional Challenges: Recent Supreme Court decisions expanding Second Amendment protections have created openings for challenging the constitutionality of certain firearm restrictions.

Every case is fact-specific, and the viability of defenses depends heavily on the circumstances of the arrest and the defendant’s criminal history.

Firearm Rights Restoration in North Carolina

Individuals who have lost their right to possess firearms because of a felony conviction may be able to have those rights restored under certain circumstances.

State Restoration (G.S. 14-415.4): After a waiting period of 20 years following the completion of all aspects of a felony sentence (including probation or parole), an individual may petition the court to restore firearm rights. Not all felonies qualify; violent felonies and certain serious offenses are excluded.
Federal Restoration: Restoration under federal law is more complicated. Federal law generally recognizes rights restored under state law, but individuals must be careful to ensure that the restoration complies fully with both state and federal requirements.

Because restoration is not automatic, and the petition process can be highly technical, working with an experienced defense attorney is critical. Attorney John Pritchard is skilled and experienced in this complex and challenging yet vital area.

Why Skilled Legal Representation Matters

Firearm offenses carry some of the harshest penalties in North Carolina law. In addition to long prison terms, individuals convicted of gun crimes face lasting damage to their constitutional rights and reputations.

A skilled criminal defense attorney can:

Analyze the legality of the search and seizure that led to the firearm charge.
Determine whether the evidence supports actual possession.
Challenge enhancements that increase sentencing exposure.
Guide clients through the restoration of firearm rights after a conviction.

Whether facing charges in state or federal court, a strong defense can mean the difference between years in prison and a reduced or dismissed charge.

Contact The Pritchard Firm in Asheville for Gun Crime Defense in Buncombe County

Firearms offenses in North Carolina are prosecuted aggressively and can result in severe penalties. From possession of a firearm by a felon to armed robbery and federal gun crimes, these cases often involve complex constitutional and procedural issues. At the same time, individuals who have served their sentences may be able to restore their firearm rights with the help of the courts.

If you or a loved one is facing a firearm-related charge or seeking to restore firearm rights, it is critical to have experienced legal counsel on your side. A knowledgeable attorney can protect your rights, explore all available defenses, and work toward the best possible outcome in your case. In Asheville or Buncombe County, contact The Pritchard Firm for skilled and effective advice and representation.