Asheville Firearm Defense Lawyer

Top-Rated Firearm Defense Attorney in Asheville, NC

When you find yourself charged with a firearms offense, you need an experienced Asheville Firearm Defense Lawyer 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, PLLC brings the experience, skills, and courtroom experience needed to defend your rights and fight for the best possible outcome to your case.

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 pursue the most favorable outcome to your case.

What Are the Rules to Own a Firearm in Asheville, NC?

The rules for owning a firearm in Asheville, NC, 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-barreled rifle or a handgun, and whether someone practices 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 a federal firearms dealer, you can 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.

Get a Free Case Evaluation with a Firearm Defense Lawyer!

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 can definitely help you defend yourself in any case.

What Does the Process of Owning a Firearm Involve in Asheville, NC?

The process of owning a firearm in Asheville, NC, 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-barreled 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 Asheville, NC?

Asheville, NC, 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 Asheville, NC?

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 firearm defense strategy.

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

Your experienced lawyer can properly guide you through the process in a way that gets you the most favorable resolution possible for your 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 protect your rights and help you avoid accidentally sinking 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

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

Hire a Firearm Defense Lawyer

In 2023, there were 27,420 recovered and traced firearms in North Carolina. Of these, there were mostly pistols, with 20,816 recovered. Additionally, there were 2,867 rifles. Edwards Law, PLLC, can help you if you have had your firearm confiscated and you were charged with a firearm crime. Hire a firearm defense lawyer from our firm today.

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 defense law, but he is also 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 appropriate legal representation to protect your rights and work to get you the thorough advocacy you need through any firearms-related court case.

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

Defenses if You Are Charged With a Firearm Crime

Firearm charges are extremely fact-specific and vary from case to case based on the events leading to your arrest, the type of weapon you are charged with possessing, and whether or not the police conducted a lawful search. For some individuals, one of the strongest defenses may center around police misconduct and the search or seizure of their property.

The Fourth Amendment requires police to obtain probable cause, a warrant, consent, or another lawful reason to search your car, home, or person.

In other situations, we may be able to argue that you did not know you had the firearm or that you were in possession of it. The state may need to establish that you knowingly possessed the weapon. Who actually owns or has control of a firearm can become difficult to prove when cars, homes, and property are shared between people. Many constructive possession issues arise during firearm investigations.

Other firearm investigations may include false accusations, wrongfully classified firearms, or a misunderstanding of permit and carry laws. Someone may have thought that they were allowed to open carry in North Carolina or may have been unaware that they were in a place where they were prohibited from carrying a concealed firearm.

If you are facing felony possession with a prior conviction, we may also be able to determine if your previous conviction actually prohibits you from firearm possession under federal or state law. Like any criminal case, there are many legal and constitutional issues that arise in firearm cases. This is why it is important to review all the evidence against you.

FAQs

What Disqualifies You From Owning a Gun in North Carolina?

Various circumstances can prohibit you from legally owning or buying a gun in North Carolina. Felony convictions, some misdemeanor domestic violence convictions, certain active protective orders, illegal drug use, and involuntary commitments to a mental institution are some of the typical prohibitions.

Some people can also face federal firearm prohibitions in specific circumstances. Being indicted for certain crimes can temporarily prevent you from possessing firearms until the charges are dropped or you are acquitted.

Does Expungement Restore Gun Rights in NC?

Expungement can provide relief for a criminal record in North Carolina, but it does not automatically restore firearm rights in all cases. Relief depends on what you were convicted of, whether it was a state or federal offense, and if there are other legal restrictions in place. Restoration of firearm rights from a felony conviction usually requires a separate process under North Carolina law.

Can I Defend Myself in NC?

North Carolina law generally permits you to use force in certain situations involving lawful self-defense or defense of others. North Carolina provides self-defense protections if you reasonably fear imminent bodily harm. It ultimately depends on the facts of your situation if the force you used was legal and/or if you lawfully possessed the firearm you used.

How Much Does a Lawyer Cost to Get Gun Rights Restored?

The fees involved in restoring firearm rights in North Carolina depend on the facts of your particular situation, including the complexity of the case, the prior conviction and sentence, filing requirements, and whether further hearings are required. Some cases require only that a restoration hearing be conducted in North Carolina. Other cases may raise federal law issues in addition to state law issues.

Contact Edwards Law, PLLC, 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 firearm defense laws, then it’s crucial to get the greatest possible Asheville firearm defense attorney on your side to protect your rights every step of the way.

With Edwards Law, PLLC, you get a skilled advocate with years of experience in the courtroom. Contact our Asheville law office through our online contact form, and obtain the legal protection you deserve.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

Client Testimonials

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“Super grateful for Attorney Edwards and Sherry. They were super responsive to all the questions I had. Never once did I feel like I was not being heard. Can’t thank them enough for all their support and hard work on my father’s case. They were able to get them to dismiss his charges. Definitely someone you can count on! Thank you again! ☺️”

— Sherlyn Gonzalez

⭐⭐⭐⭐⭐

“Incredible law firm experience. Managed to help me with a case that another law firm failed to do in over two years – they finished it instantly and perfectly within two months. Can’t recommend more highly – they were by far the most affordable, responsive, and competent law firm of all the ones I researched. Thank you so much for all the help!”

— Ben Yu

We encourage you to read our Google Reviews and third-party ratings. Our strong reputation reflects our commitment to personalized service and real results for every client.

Asheville, NC Firearm Defense Legal Resources

If you or a loved one has been charged with a firearm charge in Asheville or Buncombe County, NC, the following local and state resources can help you understand your rights and the legal process that applies in Asheville’s courts.

• Buncombe County Courthouse – Asheville, NC
• Buncombe County Sheriff’s Office
• Asheville Police Department