Asheville Firearm Defense Lawyer

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Asheville Firearm Defense Attorney

When you find yourself charged with a firearms offense, you need an experienced Asheville criminal defense attorney to defend you in court and protect your Constitutional rights. Edwards Law offers full services for clients who find themselves dealing with a firearm related charge. Bringing decades of experience in law to the table, including time as a prosecutor, Edwards Law brings the experience, skills, and courtroom experience needed to defend your rights and fight for the best possible outcome to your case.

Contact Edwards Law at (828) 702-8743 to set up your initial consultation and learn what our Asheville firearm defense lawyer can do for you.

What Are the Rules to Own a Firearm in North Carolina?

The rules for owning a firearm in North Carolina are important to understand and can have major implications in an actual case whether criminal or civil. There are also different rules based on whether the firearm is a long barrel or a handgun, or whether practicing open carry versus concealed carry.

To legally purchase a firearm a resident must be:

  • A minimum of 18 years old
  • Have no felony or domestic violence misdemeanor conviction on your record
  • Pass a background check

Buying a rifle or shotgun is a relatively simple process, but having a clean record and being a resident still matter. On the other hand, handguns have more restrictive rules surrounding them in the state of North Carolina and those rules are important to follow.

While an 18-year-old may possess a handgun, purchasing a handgun requires the person to be 21 years of age. They must have a valid North Carolina driver’s license or other state-recognized identification card that is not expired and whose information is current.

A pistol purchase permit is no longer required in North Carolina, but if you’re purchasing from federal firearms dealer, you will be subject to a federal background check.

If you believe you were wrongly denied a permit, or are being accused of violating one of these statutes, it’s time to get a good firearm defense lawyer on your side immediately.

Open Carry & Concealed Carry Laws in North Carolina

Open carry laws and concealed carry laws vary greatly in North Carolina, which makes it all the more important to understand the difference between the two. North Carolina is an open carry state, meaning if you are 18 years old or older and can legally carry a firearm, you can open carry in the state.

However, certain buildings and public places are allowed to ban the practice. You can’t just walk into a courthouse with a firearm strapped to your side when you’re not a police officer, for example.

Concealed carry requires the individual to be 21 years old or older, pass a background check, and then it is the permit holder’s responsibility to understand what the additional rules and regulations are in the state. These can sometimes be confusing, and having a skilled and experienced firearm defense lawyer will definitely help you defend yourself in any case.

What Does the Process of Owning a Firearm Involve in North Carolina?

The process of owning a firearm in North Carolina depends heavily on what type of firearm you are attempting to purchase. Most rifles and shotguns are a relatively straightforward process in most cases, though if you are attempting to acquire an NFA weapon, this can be a very different story as additional state and federal regulations kick in at that point.

Legally, many purchases of shotguns or rifles can actually take place someday. For long barrel firearms commonly used for hunting, there isn’t any required reporting or waiting period.

What Are the Restrictions Preventing Me from Owning a Firearm in North Carolina?

North Carolina has relatively few restrictions when it comes to owning firearms, but there are a few worth noting as they are important.

In North Carolina, there are a few restrictions on purchasing firearms. For example, you must be at least 21 years old to purchase a handgun from a licensed dealer. You must also have a valid North Carolina driver’s license or ID card. There are also background check requirements for purchasing firearms in North Carolina.

Purchasing a firearm of any kind is also a no-go if you have been convicted of a felony in North Carolina, and the same can be true if you have been convicted of a misdemeanor domestic violence crime, been involuntarily committed for mental health, or have a protective order placed against you from someone else.

Adults who don’t fall under any of these categories tend to be able to purchase firearms starting at age 18 although if the firearm in question is a handgun then the age requirement moves up to 21 and requires a purchasing permit from the sheriff of the county where you reside.

What Should I Do if I’m Injured in an Accident Due to a Firearm in North Carolina?

First, make sure you get full medical attention and have the process thoroughly documented. Every visit to an ER, hospital, or clinic and follow-up checkup needs to be recorded. Anytime a case involves an accident and injury, having a trail of records on the injury and treatments that were needed to follow up is crucial to your case.

The second is to get ahold of a firearm lawyer as soon as possible. They will know how to request records of your conversations with police, advise you on follow-up testimonies that might be necessary, and make sure you are taking the right step to protect your rights and not give away your ability to sue for damages when appropriate, and to avoid any over-aggressive actions from opposing legal counsel.

Your experienced lawyer will be able to properly guide you through the process in a way that gets you the best possible resolution to the situation.

What Should I Do if I Have Been Arrested with Charges of Unlawful Firearm Use in North Carolina?

Firearm-related charges are very serious and need to be treated as such. Don’t talk to the police and explain your situation, demand legal representation, and immediately get a hold of an experienced firearm law lawyer like Edwards Law. Call (828) 702-8743 to make sure your rights are being protected and that you don’t accidentally sink your own case before talking to an Asheville firearm defense lawyer.

Common firearm crimes in North Carolina include:

  • Concealed weapons with no or expired permit
  • Gun possession by a felon
  • Possession of a weapon on school property
  • Carrying weapons where alcohol is sold
  • Improper transfer of ownership of a firearm

Having a good lawyer on your side who is very familiar with both firearm law and North Carolina law is crucial if you are going to protect yourself in court from any of these, or any other, charges.

What Are the Requirements for Owning a Firearm in North Carolina?

The requirements for owning a firearm in North Carolina are relatively straightforward in many cases.

You must:

  • Be 18 years of age or older (21 if you want to buy a handgun)
  • Not a felon
  • Have no safety, protective, or restraining order taken out against you
  • Have no history of involuntary commitment for mental health treatment
  • Have no domestic violence misdemeanor conviction
  • Be registered with the county sheriff for purchasing a firearm

That’s pretty much it.

Keep in mind that buying a firearm in North Carolina will have different rules and regulations depending on the firearm, person, and state of residence.

Why Should I Hire Doug Edwards to Be My Asheville Firearm Defense Lawyer?

Doug Edwards brings decades of legal experience to the table, and he understands how the legal system works. He is not only a board-certified specialist in state criminal law, but he also is a former prosecutor who served for over 10 years as Assistant District Attorney.

This experience on both sides of the courtroom means he understands how these cases are tried, how the prosecution thinks, and how to give you the best possible legal representation to protect your rights and work to get you the best possible advocacy through any firearms-related court case.

Contact Doug Edwards Law at (828) 702-8743 for an initial consultation for your upcoming firearms-related case in North Carolina.

Contact Edwards Law Today!

Every American has the right to bear arms, and North Carolina is very clear about the rights that individuals have when it comes to carrying firearms. If you find yourself being accused of breaking these statutes or facing fines or even jail time because of a claim of violating state laws on firearms, then it’s crucial to get the best possible attorney on your side to protect your rights every step of the way.

With Doug Edwards Law, you get a skilled advocate fighting for your legal rights with years of experience in the courtroom. Contact our Asheville law office at (828) 702-8743 and get the legal protection you deserve!

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