What Misdemeanors Prohibit Gun Ownership in North Carolina (2025 Update)
Find out which misdemeanor convictions in North Carolina restrict your right to possess firearms. Covers domestic violence, assault, and federal prohibitions.
Certain misdemeanor convictions in North Carolina can result in the loss of your right to possess firearms under both state and federal law. Understanding which misdemeanors trigger firearm prohibitions is crucial for anyone with a criminal record who wants to know their gun rights status.
If you have a misdemeanor conviction in North Carolina, you may be wondering whether it affects your right to own or possess firearms. The answer depends on the specific type of misdemeanor and whether it falls under federal or state firearm prohibitions.
This guide explains which misdemeanor convictions restrict gun ownership in North Carolina, the legal basis for these restrictions, and potential options for restoring your firearm rights.
Table of Contents
- Federal Firearm Prohibitions
- North Carolina State Restrictions
- Specific Misdemeanor Offenses
- Duration of Firearm Prohibitions
- Restoring Gun Rights
- Frequently Asked Questions
Federal Firearm Prohibitions
Under federal law, certain misdemeanor convictions result in a lifetime prohibition on firearm possession, regardless of state law.
Domestic Violence Misdemeanors
18 U.S.C. § 922(g)(9) prohibits firearm possession for anyone convicted of a "misdemeanor crime of domestic violence."
Qualifying misdemeanors include:
- Assault on a female (if victim is spouse, partner, or family member)
- Domestic violence assault
- Stalking
- Violation of protective orders
- Child abuse (misdemeanor level)
Key requirements:
- Must involve use or attempted use of physical force
- Victim must be current or former spouse, partner, or family member
- Must be a misdemeanor conviction (not just arrest or charge)
Other Federal Prohibitions
Drug-related misdemeanors:
- Possession of controlled substances
- Drug paraphernalia
- Public intoxication involving drugs
Violence-related misdemeanors:
- Assault with a deadly weapon
- Battery
- Disorderly conduct involving violence
North Carolina State Restrictions
North Carolina has additional state-level firearm restrictions that may apply to misdemeanor convictions.
State Firearm Prohibitions
G.S. 14-415.1 prohibits firearm possession for:
- Domestic violence misdemeanors
- Stalking convictions
- Violation of protective orders
- Certain assault convictions
Enhanced Penalties
Some misdemeanors carry enhanced penalties if committed with a firearm:
- Assault with a deadly weapon
- Brandishing a weapon
- Discharging a firearm in city limits
Specific Misdemeanor Offenses
Class A1 Misdemeanors
Assault on a Female:
- Federal prohibition if domestic relationship exists
- State prohibition under G.S. 14-415.1
- Lifetime ban under federal law
- See our Misdemeanor Classes Guide for more on Class A1 offenses
Assault with Deadly Weapon:
- May trigger federal prohibition
- Enhanced penalties if firearm involved
- Potential state restrictions
Class 1 Misdemeanors
Communicating Threats:
- May trigger federal prohibition if domestic violence
- State restrictions possible
- Depends on relationship to victim
Stalking:
- Federal prohibition under domestic violence laws
- State prohibition under G.S. 14-415.1
- Lifetime ban if federal prohibition applies
Class 2 and 3 Misdemeanors
Disorderly Conduct:
- Generally no firearm prohibition
- May affect concealed carry permit
- No federal prohibition unless domestic violence
Trespassing:
- No firearm prohibition
- May affect concealed carry permit
- Generally no federal restrictions
Duration of Firearm Prohibitions
Federal Prohibitions
Lifetime bans:
- Domestic violence misdemeanors
- Drug-related misdemeanors
- Violence with deadly weapon
Temporary restrictions:
- Pending charges (until resolved)
- Probation or parole violations
- Active protective orders
State Restrictions
Duration varies by offense:
- Domestic violence: Permanent until expunged
- Stalking: Permanent until expunged
- Other assaults: May be temporary
Restoring Gun Rights
Federal Restoration
Pardon or expungement:
- Presidential pardon restores federal rights
- Expungement may restore rights (varies by jurisdiction)
- Certificate of relief from disabilities
Legal challenges:
- Constitutional challenges to federal prohibitions
- Limited success in recent cases
- Requires experienced firearms attorney
State Restoration
Expungement:
- Expungement may restore state rights (see our Misdemeanor Expungement Guide for eligibility requirements and process)
- Depends on specific offense
- May not affect federal prohibitions
Pardon:
- Governor's pardon may restore rights
- Limited availability
- Does not affect federal prohibitions
Frequently Asked Questions
Can a misdemeanor affect my gun rights?
Yes. Domestic violence misdemeanors, assault convictions, and certain drug-related misdemeanors can result in federal firearm prohibitions that last a lifetime.
How can I restore my gun rights?
You may petition for restoration after your rights are reinstated under state and federal law. This typically requires expungement, pardon, or successful legal challenge to the prohibition.
Does expungement restore gun rights?
Expungement may restore state gun rights but does not automatically restore federal rights. Federal prohibitions under 18 U.S.C. § 922(g)(9) are not affected by state expungement.
What if I didn't know about the prohibition?
Ignorance of the law is not a defense to federal firearm possession charges. It's your responsibility to know your legal status before possessing firearms.
Related Legal Calculators
To understand your potential sentencing outcomes and their impact on firearm rights, use these free North Carolina legal calculators and resources:
- North Carolina Misdemeanor Sentencing Calculator - Estimate sentencing ranges for all misdemeanor classes
- Class A1 Misdemeanor Calculator - Calculate penalties for serious offenses that may affect gun rights
- Misdemeanor Sentencing Chart - Review penalty ranges by prior record level
- Class 1 Misdemeanor Calculator - Estimate jail time and fines for Class 1 offenses
- Class 2 Misdemeanor Calculator - Review sentencing for Class 2 misdemeanors
- Class 3 Misdemeanor Calculator - Calculate penalties for minor offenses
Conclusion
Understanding which misdemeanor convictions affect your gun rights in North Carolina is crucial for anyone with a criminal record. Federal law creates lifetime prohibitions for domestic violence misdemeanors and certain other offenses, while state law may impose additional restrictions.
If you're unsure about your firearm rights status, consult with an experienced North Carolina criminal defense attorney who specializes in firearms law. They can help you understand your specific situation and explore options for restoring your rights.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Firearm laws are complex and vary by jurisdiction. Consult with a qualified attorney for advice specific to your situation.