(a) It is unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in the person's custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14-409.11.
Every person violating the provisions of this subsection is guilty of a Class G felony.
(a1) A person who violates subsection (a) of this section during the commission or attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a Class F felony.
(a2) A person who violates subsection (a) of this section and brandishes a firearm or a weapon of mass death and destruction during the commission or attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a Class D felony. For the purposes of this subsection, to brandish is to display all or part of the firearm or weapon of mass death and destruction or otherwise make the presence of the firearm or weapon of mass death and destruction known to another person.
(a3) A person who violates subsection (a) of this section and discharges a firearm or a weapon of mass death and destruction during the commission or attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a Class C felony.
(b) Prior convictions which cause disentitlement under this section shall only include:
(1) Felony convictions in North Carolina that occur before, on, or after December 1, 1995; and
(2) Repealed by Session Laws 1995, c. 487, s. 3, effective December 1, 1995.
(3) Violations of criminal laws of other states or of the United States that occur before, on, or after December 1, 1995, and that are substantially similar to the crimes covered in subdivision (1) which are punishable where committed by imprisonment for a term exceeding one year.
When a person is charged under this section, records of prior convictions of any offense, whether in the courts of this State, or in the courts of any other state or of the United States, shall be admissible in evidence for the purpose of proving a violation of this section. The term "conviction" is defined as a final judgment in any case in which felony punishment, or imprisonment for a term exceeding one year, as the case may be, is authorized, without regard to the plea entered or to the sentence imposed. A judgment of a conviction of the defendant or a plea of guilty by the defendant to such an offense certified to a superior court of this State from the custodian of records of any state or federal court shall be prima facie evidence of the facts so certified.
(c) The indictment charging the defendant under the terms of this section shall be separate from any indictment charging him with other offenses related to or giving rise to a charge under this section. An indictment which charges the person with violation of this section must set forth the date that the prior offense was committed, the type of offense and the penalty therefor, and the date that the defendant was convicted or plead guilty to such offense, the identity of the court in which the conviction or plea of guilty took place and the verdict and judgment rendered therein.
(d) This section does not apply to a person who, pursuant to the law of the jurisdiction in which the conviction occurred, has been pardoned or has had his or her firearms rights restored if such restoration of rights could also be granted under North Carolina law.
(e) This section does not apply and there is no disentitlement under this section if the felony conviction is a violation under the laws of North Carolina, another state, or the United States that pertains to antitrust violations, unfair trade practices, or restraints of trade. (1971, c. 954, s. 1; 1973, c. 1196; 1975, c. 870, ss. 1, 2; 1977, c. 1105, ss. 1, 2; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1989, c. 770, s. 3; 1993, c. 539, s. 1245; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 487, s. 3; c. 507, s. 19.5(k); 2004-186, s. 14.1; 2006-259, s. 7(b); 2010-108, s. 3; 2011-2, s. 1; 2011-268, s. 13; 2025-71, s. 8(a).)
§ 14-415.2: Repealed by Session Laws 1975, c. 870, s. 3.
Notes of Decisions
Cited in
241
cases (
69 in the last 5 years), 1973–2026 · leading case:
State v. Whitaker, 689 S.E.2d 395 (N.C. Ct. App. 2009).
State v. Whitaker, 689 S.E.2d 395 (N.C. Ct. App. 2009).
· cites it 280× “We further reject defendant's contentions that N.C. Gen.Stat. § 14-415.1 is unconstitutional on any other grounds.”
Britt v. State, 681 S.E.2d 320 (N.C. 2009).
· cites it 129× “This case presents an as-applied challenge to the constitutionality of the 2004 amendment to N.C.G.S. § 14-415.1 that makes it "unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm.”
Britt v. State, 649 S.E.2d 402 (N.C. Ct. App. 2007).
· cites it 196× “Barney Britt (plaintiff) appeals from an order entered 31 March 2006 granting the State of North Carolina's (defendant's) motion for summary judgment and denying plaintiff's motion for summary judgment, declaring constitutional N.C. Gen.Stat. § 14-415.1, as amended 1 December…”
State v. Whitaker, 700 S.E.2d 215 (N.C. 2010).
· cites it 74× “This case requires us to determine whether the 2004 amendment to N.C.G.S. § 14-415.1, which prohibits convicted felons from possessing any firearm in any location, violates state and federal constitutional protections against ex post facto laws or is an unconstitutional bill of…”
Baysden v. State, 718 S.E.2d 699 (N.C. Ct. App. 2011).
· cites it 72× “Plaintiff Walter Sutton Baysden appeals from an order rejecting his challenge to the constitutionality of the Felony Firearms Act, N.C. Gen.Stat. § 14-415.1 et seq., both facially and as applied to the facts surrounding his personal situation.”
State v. Bonetsky, 784 S.E.2d 637 (N.C. Ct. App. 2016).
· cites it 83× “Background Officer Donny Dellinger ("Officer Dellinger"), a member of the Burke County Narcotics Task Force, obtained a search warrant and led a search of Defendant's home on 23 April 2013.”
State v. Fernandez, 808 S.E.2d 362 (N.C. Ct. App. 2017).
· cites it 31× “Defendant contends *540 N.C. Gen. Stat. § 14-415.1 , which generally prohibits felons from possessing firearms, was unconstitutional as applied to him.”
State v. Johnson, 610 S.E.2d 739 (N.C. Ct. App. 2005).
· cites it 58× “Defendant was indicted and found guilty by a jury for the felony of possession of a firearm by a felon pursuant to N.C. Gen. Stat. § 14-415.1 . The trial court sentenced defendant to twelve to fifteen months imprisonment, but suspended the sentence and placed defendant on…”
Johnston v. State, 735 S.E.2d 859 (N.C. Ct. App. 2012).
· cites it 19× “North Carolina Felony Firearms Act In 1971, the General Assembly enacted the Felony Firearms Act, N.C. Gen. Stat. § 14-415.1 , which made unlawful the possession of a firearm by any person previously convicted of a crime punishable by imprisonment of more than two years.”
State v. Riley, 802 S.E.2d 494 (N.C. Ct. App. 2017).
· cites it 18× “§ 922 (g)(1), is substantially similar to the *496 North Carolina offense of possession of a firearm by a felon, N.C. Gen. Stat. § 14-415.1 (a), a Class G felony.”
State v. Wood, 647 S.E.2d 679 (N.C. Ct. App. 2007).
· cites it 16× “Under N.C. Gen. Stat. § 14-415.1 , it is “unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm .”
State v. Coltrane, 656 S.E.2d 322 (N.C. Ct. App. 2008).
· cites it 40× “” N.C. Gen. Stat. § 14-415.1 (a) (2007). Thus, the date of the offense is not an essential element of the offense of possession of a firearm by a felon.”
— N.C. Gen. Stat. § 14-415.1(a) — 72 cases
State v. Whitaker, 689 S.E.2d 395 (N.C. Ct. App. 2009).
“We further reject defendant's contentions that N.C. Gen.Stat. § 14-415.1 is unconstitutional on any other grounds.”
— N.C. Gen. Stat. § 14-415.1(a)(2003) — 1 case
— N.C. Gen. Stat. § 14-415.1(a1) — 1 case
— N.C. Gen. Stat. § 14-415.1(b) — 4 cases
— N.C. Gen. Stat. § 14-415.1(b)(1) — 2 cases
Britt v. State, 649 S.E.2d 402 (N.C. Ct. App. 2007).
“Barney Britt (plaintiff) appeals from an order entered 31 March 2006 granting the State of North Carolina's (defendant's) motion for summary judgment and denying plaintiff's motion for summary judgment, declaring constitutional N.C. Gen.Stat. § 14-415.1, as amended 1 December…”
— N.C. Gen. Stat. § 14-415.1(b)(3) — 1 case
— N.C. Gen. Stat. § 14-415.1(b)(l) — 1 case
Britt v. State, 649 S.E.2d 402 (N.C. Ct. App. 2007).
“Barney Britt (plaintiff) appeals from an order entered 31 March 2006 granting the State of North Carolina's (defendant's) motion for summary judgment and denying plaintiff's motion for summary judgment, declaring constitutional N.C. Gen.Stat. § 14-415.1, as amended 1 December…”
— N.C. Gen. Stat. § 14-415.1(c) — 8 cases
State v. Coltrane, 656 S.E.2d 322 (N.C. Ct. App. 2008).
“” N.C. Gen. Stat. § 14-415.1 (a) (2007). Thus, the date of the offense is not an essential element of the offense of possession of a firearm by a felon.”
— N.C. Gen. Stat. § 14-415.1(d) — 3 cases
— N.C. Gen. Stat. § 14-415.1(e) — 1 case
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