Stolen Firearm Possession: Laws, Penalties, and Defense Strategies

Halifax County, North Carolina:

January 13, 2024, Deputy Keno Tillery and their K9 Corporal George Martin stopped a vehicle on Branch Avenue in Roanoke Rapids for a motor vehicle violation.

Damoni MitchellPhoto byHalifax County Sheriff's Office

During the stop deputies located a handgun, which had been reported stolen from the City of Roanoke Rapids in 2022.

The driver of the vehicle, Damoni Mitchell, was arrested for possession of a stolen firearm. He received a $2,500 Bond, and a court date for January 25, 2024.

In North Carolina, possessing a stolen firearm is a felony offense. It is against the law to possess a gun that is stolen, possession can be either actual or constructive, regardless of the type of possession the punishment remains the same upon conviction. The relevant statute is North Carolina General Statute 14-71.1. Possessing stolen firearms is always a felony. Penalties if convicted, you'll face penalities according to the North Carolina Felony Sentencing Guidelines. Additionally there may be collateral consequences related to your criminal record.

Defense strategies is based on criminal defense attorney may employ varioud strategies including arguing whether you knew or should have known the firearm was stolen, assessing whether actual or constructive possession can be proven by the state, evaluating whether there was an illegal search that could lead to evidence suppression, and if you are charged with possession of a stolen firearm, seek legal representation promtly, remember that ths information is gernal information used not to replace advice from a criminal defense attorney.