Gun-Toting Felons

Published for NC Criminal Law on February 24, 2009.

North Carolina law prohibits convicted felons from possessing firearms.  See G.S. 14-415.1.  I've had several recurrent questions about this offense, so here's an FAQ about FIP (felon in possession): 1. Doesn't North Carolina allow felons to possess long guns? Not anymore.  North Carolina's FIP law used to have lots of exceptions, including exceptions for long guns and for handguns in the home or workplace.  It also used to allow felons to regain the right to possess firearms five years after completion of their sentences.  The last of these provisions was eliminated effective December 1, 2004, bringing the North Carolina law pretty close to the absolute and permanent prohibition that exists, in any event, under federal law.  See 18 U.S.C. 922(g)(1). 2.  Is the constitutionality of G.S. 14-415.1 in doubt after District of Columbia v. Heller, 554 U.S. __ (2008), in which the United States Supreme Court recently held that the Second Amendment protects an individual right to bear arms? No.  The Heller Court was quite clear that the right to bear arms is "not unlimited," and specifically noted that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms." 3. Does a no contest plea count as a conviction?  Does a PJC?  Does a conviction that is on appeal [...]