Can you carry a gun in NC with a misdemeanor or felony conviction? The law explained

Having a criminal record can make it harder to obtain a permit to own a gun in North Carolina.

Last week, The Charlotte Observer published a story on the rules for carrying a firearm in the state, and a few readers wrote in and asked how to go about having their gun rights restored with felony and misdemeanor convictions .

▪ “It’s been over 15 plus years scene I was charged with a felony. My charge was non-violent and was not drug related. Am I to assume I’ll never be able carry a firearm to protect me and my family?”

▪ “About 2-4 years ago I submitted a request for a concealed carry permit but was denied. About 45 years ago I had a misdemeanor charge for an assault. Forty-five years later I’m still being penalized for that. Do you have any advice on how to go about obtaining a concealed carry permit? Do I have to resubmit paperwork?”

Here’s what to know about how to navigate open carry and concealed carry permits with a criminal record in North Carolina.

What are the requirements for open carry and concealed carry in NC?

Open carry is legal in North Carolina without a permit if you are at least 18 years old and have no felony convictions , according to Raleigh-based Manning Law Firm .

In order to obtain a concealed carry permit , an individual must:

• Fill out an application in the county they live

• Be at least 21 years old

• Complete an approved firearms training course

• Be a U.S. citizen or have permanent residence in the state

• Not be living with a mental illness

• Complete a background check

However, the North Carolina Felony Firearms Act makes it illegal for a convicted felon to purchase, own or possess any firearm.

Can you expunge your felony to restore your gun rights?

According to Raleigh-based Kirk Kirk Law, if you were convicted of a non-violent felony, you can apply to have your record expunged if your sentence or probation was more than 10 years ago , your conviction was a Class H or Class I felony , and your felony does not:

• Involve any kind of violence or assault

• Require placing your name on the sex offender registry

• Involve possession of heroin or methamphetamine

• Involve the sale or delivery of cocaine

• Involve any type of hate crime

• Involve the use of a commercial motor vehicle

What if your felony can’t be expunged?

If your felony conviction can’t be expunged , you can file a Petition of Restoration of Firearms Rights , according to Kirk Kirk Law. To be eligible for approval, the date of your conviction must be at least 20 years prior to filing and you must meet the following criteria:

• Be a resident of North Carolina for one year prior to filing

• Have only one felony on your record and it must be a nonviolent felony

• Your rights of citizenship have been restored

• You have not been convicted of any other crime since the conviction of the felony

• You submit to fingerprinting from the county sheriff’s office

What if you have a misdemeanor?

Certain misdemeanors could prevent you from obtaining a concealed carry permit, according to Jetton & Meredith , a firm based in Charlotte. Those charges include:

• misdemeanor assault with a deadly weapon inflicting serious injury

• assault on a female

• assault on a child under the age of 12

• stalking

• child abuse

• any crime of violence perpetrated against a domestic partner

Other crimes could temporarily ban you from getting a permit, such as DWI, simple assault, communicating threats and impersonating a police officer, the firm says.

If your permit has been denied or revoked, you can appeal the decision and hire an attorney to argue to a court that your permit should be approved or reinstated.

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