Differences Between North Carolina and Federal Possession-of-Firearm by Felon Offenses Concerning the Prior Conviction Element Disqualifying Possession of a Firearm

Federal law and North Carolina law each prohibit in their own ways the possession of a firearm by a felon and, under federal law, certain domestic violence misdemeanors as well. A recent Fourth Circuit Court of Appeals case ruled that a North Carolina felony conviction did not qualify to prove the federal offense of possession of a firearm by felon. The fact that this conviction likely would qualify for the North Carolina offense leads to this post that provides a general overview of the differences. North Carolina law. G.S. 14-415.1(b) provides that a conviction disqualifies possession of a firearm or weapon of mass death or destruction if: (1) it was a felony and occurred in a North Carolina state court before, on, or after December 1, 1995; or (2) it was a violation of a federal or other state’s criminal law that occurred before, on, or after December 1, 1995, and is substantially similar to a North Carolina felony that is punishable where committed by more than one year’s imprisonment. G.S. 14-415.1(d) provides exceptions from the law’s prohibitions if another jurisdiction’s convictions are those for which a person has been pardoned or has had his or her firearm rights restored if the restoration of rights could also be granted under North Carolina law. G.S. 14-415.1(e) provides that there is no disqualification from possession of firearms for convictions of antitrust violations, unfair trade practices, or restraints of trade under North Carolina or other jurisdictions’ laws. Before December 1, 1995, the firearm prohibition [...]