CRIMINAL DEFENSE Β· GREENSBORO Β· GUILFORD COUNTY Β· HIGH POINT, NC

Charged with a Firearm or Weapons Offense in Greensboro?

From possession of a firearm by a felon to carrying a concealed weapon, North Carolina gun charges will carry serious felony consequences and can include the permanent loss of your right to own a firearm. Our Board Certified criminal attorneys defend weapon cases throughout Guilford County

UNDERSTANDING YOUR CHARGE

Weapons Charges Are Felonies With Lifelong Consequences

North Carolina takes firearm-related offenses seriously, and Guilford County prosecutors pursue them aggressively. The most common and most serious weapons charge we see is Possession of a Firearm by a Felon under N.C. Gen. Stat. Β§ 14-415.1 is a Class G felony that carries real prison time and can permanently bar you from legally owning a firearm again unless your rights are formally restored.

Other weapons charges, such as carrying a concealed weapon, possession of a weapon on educational property, or possession of a firearm with an altered serial number, carry their own consequences and are charged regularly throughout Greensboro and High Point. Whatever the charge, the stakes go beyond the courtroom: a conviction can affect your employment, your housing, and your constitutional rights for the rest of your life.

Attorney Brennan Aberle focuses much of his practice on firearm cases, including possession of a firearm by a felon, a primary area of concentration. If you've been charged anywhere in Guilford or Rockingham County, call us before your next court date.

TYPES OF CHARGES

Common Weapon Charges in Guilford County

North Carolina's weapons statutes cover a range of conduct from carrying a pocketknife the wrong way to possessing a firearm after a felony conviction. Here are the charges our Greensboro lawyers see most often.

Most Serious
Possession of a Firearm by a Felon
N.C.G.S. Β§ 14-415.1

If you have a prior felony conviction in North Carolina (or a substantially similar offense in another jurisdiction), it is illegal to possess any firearmβ€”including for hunting, self-defense, or simply being in a home where one is present. This is one of the most heavily prosecuted weapons charges in Guilford County and often arises during traffic stops, domestic incidents, or searches related to other charges.
Class G Felony
Serious
Altered or Defaced Firearm
N.C.G.S. Β§ 14-160.2

Possessing, receiving, or transferring a firearm with an altered, removed, or obliterated serial number is a felony in North Carolinaβ€”even if you did not alter it yourself and were unaware it had been altered when you acquired it. This charge often accompanies other weapons or drug charges following a search.
Class H Felony
Common
Carrying a Concealed Weapon (CCW)
N.C.G.S. Β§ 14-269

Carrying a concealed handgun, knife with a blade over a certain length, or other deadly weapon about your person without a valid concealed handgun permit is a criminal offense. A second or subsequent offense, or carrying on certain premises, can elevate the charge to a felony.
Class 2 Misd. (1st) / Class H Felony (Subsequent)
Location-Based
Weapons on Educational Property
N.C.G.S. Β§ 14-269.2

Possessing a firearm, BB gun, knife, or other weapon on the grounds of a schoolβ€”including K-12 campuses and college campuses such as UNCG, NC A&T, and Guilford Collegeβ€”is treated extremely seriously. Penalties range from a Class 1 misdemeanor to a Class I felony depending on the weapon and circumstances and can include expulsion regardless of the criminal outcome.
Class 1 Misd. – Class I Felony

THE β€œFELON ELEMENT”

What Counts as a Prior Felony for Β§ 14-415.1?

Under N.C. Under Gen. Stat. Β§ 14-415.1 The charge of possession of a Firearm by a Felon, the State must prove that you have a prior felony conviction. This sounds simple, but it's often the most contested element in these cases.

Issues that frequently arise: whether an out-of-state conviction is truly "similar" to an NC felony, whether a prior conviction was later expunged or vacated, and whether the firearm itself meets the statutory definition. Each of these can be a point of challenge, and in our experience, prosecutors don't always get this element right the first time.

RESTORATION OF FIREARM RIGHTS

Can You Get Your Gun Rights Back in North Carolina?

In limited circumstances, yes. North Carolina law provides a path for certain people with nonviolent felony convictions to petition for the restoration of their firearm rights under N.C.G.S. Β§ 14-415.4. It is not available to everyone, and the process has strict eligibility requirements and waiting periods.

General Path to Restoration (Β§ 14-415.4)
This is a simplified overview. Eligibility depends heavily on the specific facts of your record. Call us to discuss whether this process may apply to your situation.
1
Non-Violent Conviction Required The conviction must be non-violent. Certain violent felonies and any offense involving a firearm permanently disqualify a person from this restoration process.
2
Waiting Period The required waiting period after completing your sentenceβ€”including probation, parole, or post-release supervisionβ€”must have passed. For most felonies this is generally 20 years, although certain Class H or I felonies may qualify sooner under specific circumstances.
3
Single Qualifying Felony You generally must have only one qualifying felony conviction. Multiple felony convictions typically make a person ineligible.
4
Maintain a Clean Record You must have remained free of additional felony convictions and other disqualifying conduct since your rights were lost.
5
File a Petition A petition must be filed in the county where you reside, and the court will review your eligibility under the applicable statutory requirements.
If you're currently facing a Possession of a Firearm by a Felon charge, restoration isn't a defense to a pending case β€” but if your underlying felony is old enough and otherwise qualifies, it's worth discussing with us whether restoration proceedings should have happened already, which can become relevant to your defense.

WHAT’S REALLY AT STAKE

Beyond Prison Time

A weapons conviction in North Carolina carries consequences that extend well beyond any sentence handed down in court.

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Permanent loss of your right to legally possess any firearm.
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Federal firearm prohibition under 18 U.S.C. Β§ 922(g) for felony convictions.
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Immigration consequencesβ€”including deportationβ€”for non-U.S. citizens.
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Loss of professional licenses in certain fields.
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Permanent criminal record visible to employers and landlords.
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Compounding effect on any other pending charges from the same incident.
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Potential federal prosecution in addition to state charges in certain cases.
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Difficulty obtaining a Concealed Handgun Permit even after the case resolves.

HOW WE DEFEND YOU

Defense Strategies for Weapons Charges

Every weapons case turns on specific facts β€” how the firearm was found, who had access to it, and what the State can actually prove about your prior record. Here's where we focus.

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Unlawful Search & Seizure

Firearms are frequently discovered during traffic stops, pat-downs, or vehicle searches. If the stop, search, or seizure violated the Fourth Amendment, we move to suppress the firearm as evidenceβ€”which can end the case entirely.

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Constructive Possession Challenges

A firearm found in a shared vehicle, shared residence, or near multiple people does not automatically belong to everyone present. The State must prove you knew about the firearm and had the ability to control it. We challenge this element aggressively in multi-occupant cases.

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Challenging the Prior Felony Element

For Β§ 14-415.1 charges, we examine whether the prior conviction is properly documented, whether it qualifies as a predicate felony, and whether it was ever expunged, vacated, or otherwise resolved in a way that affects the current charge.

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Knowledge of Altered Serial Numbers

For altered firearm charges, we examine what you knew and when. If you acquired the firearm without knowledge that the serial number had been altered, that issue goes directly to the required mental state for the offense.

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Permit & Exception Defenses (CCW)

Several statutory exceptions apply to concealed carry chargesβ€”including valid concealed handgun permits, carrying within your own home or business, and certain transportation situations. We review every possible exception before anything else.

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Negotiated Resolutions & Diversion

For lower-level weapons charges, especially first offenses involving educational property or concealed carry, we pursue deferred prosecution or other resolutions that can keep a felony off your record entirely.

WHY CHOOSE OUR FIRM

We Look at the Whole Picture, Not Just the Ticket

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Board Certified in Criminal Law

Brennan Aberle and Julie Connolly are among fewer than 4% of NC attorneys certified as Criminal Law Specialists by the NC State Bar.

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Se Habla EspaΓ±ol β€” MX

Julie Connolly and paralegal Jeremy Cruz both speak fluent Spanish, allowing direct communication with Spanish-speaking clients throughout their case.

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Firearm Cases Are a Primary Focus

Possession of a firearm by a felon is one of the case types that Brennan concentrates his practice on, alongside drug trafficking and DWI. This is core work for our firm, not an occasional case type.

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Highly Experienced in Greensboro

Brennan's years as a Guilford County Assistant Public Defender mean he's argued these exact charges before the same judges and prosecutors you'll encounter.

FREQUENTLY ASKED QUESTIONS

Your Weapons Charge Questions Answered

Can I own a gun in NC if I have a felony conviction?

Generally, no. Under N.C.G.S. Β§ 14-415.1, it is a Class G felony for anyone with a prior felony conviction to possess, purchase, or own a firearm, including for hunting or self-defense, and even within their own home. This applies to most felonies, with some narrow exceptions. The only way to legally regain this right is through the formal restoration process under Β§ 14-415.4, if you qualify, or in some cases through expungement of the underlying conviction.

What if the gun wasn't mine β€” it belonged to my roommate or partner?

This is one of the most common scenarios in possession of a firearm by a felon cases. The State must prove "constructive possession" β€” that you knew the firearm was present and had the ability to exercise control over it. If the firearm belonged to someone else, was kept in their personal space, and you had no knowledge of it, this is a serious defense. We investigate these facts carefully, including who had access to the area where the firearm was found.

Can a felon possess a firearm if it's for hunting only?

No β€” North Carolina law does not carve out an exception for hunting. Β§ 14-415.1 prohibits possession of any firearm by a person with a qualifying prior felony conviction, regardless of the purpose. Some other states have hunting-specific exceptions, but North Carolina does not, and out-of-state rules don't apply once you're in NC.

How long do I have to wait to get my gun rights back in NC?

For most eligible felonies, North Carolina law generally requires a 20-year waiting period after completion of your sentence (including probation and parole) before you can petition for restoration under Β§ 14-415.4 β€” and only if you have a single qualifying non-violent felony conviction and no further disqualifying record. Certain Class H and I felonies may have different timelines under specific provisions. Because the rules are detailed and fact-specific, it's worth a consultation to determine your actual eligibility.

Will a weapons charge show up on a background check?

Yes, if convicted. A weapons conviction β€” particularly a felony like possession of a firearm by a felon β€” will appear on background checks and can affect employment, housing, and licensing. This is why we focus heavily on resolutions that avoid a conviction altogether where possible: dismissal through suppression, negotiated reductions, or diversion programs for eligible first offenses.

Can I be charged federally for the same firearm offense?

In some cases, yes. Federal law (18 U.S.C. Β§ 922(g)) separately prohibits felons from possessing firearms, and federal prosecutors sometimes pursue charges alongside or instead of state charges β€” particularly when the firearm crossed state lines, was stolen, or the case involves other federal interests like drug trafficking. Our firm handles both state and federal criminal matters. If there's any indication your case could become federal, tell us immediately β€” the strategy changes significantly.

WHERE WE PRACTICE

Serving all of Guilford County, NC

Guilford County β€” Primary Service Area
Greensboro High Point Guilford County Jamestown Summerfield Oak Ridge Stokesdale Gibsonville
Surrounding Counties
Rockingham County Eden Reidsville Madison
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Not sure if we cover your area? (336) 802-1090 β€” call or tap to reach us directly. We offer a free confidential consultation for anyone charged anywhere in Guilford County or the surrounding region.

Facing a Weapons Charge in Greensboro?
Your Gun Rights Are on the Line.

Call now for a free, confidential consultation with a Board Certified criminal defense attorney.