Possession of a Firearm by a Felon in North Carolina: Sentences Explained
In North Carolina, it is a Class G felony for anyone convicted of a felony to possess a firearm. The offense comes from the Felony Firearms Act, G.S. 14-415.1, and a conviction carries a prison term generally in the range of about 8 to 31 months, up to a maximum of 47 months, depending on prior record. The ban is broad: it covers not just holding a gun but having one under your control, and it reaches firearms you never physically touched. This guide explains what possession of a firearm by a felon requires in North Carolina, the sentence it carries, the newer aggravated versions of the offense, and how the charge is proven. For broader context on how these cases are handled, our practice also maintains a Raleigh criminal defense resource.
What the Law Prohibits
The Felony Firearms Act is written broadly. Under G.S. 14-415.1, it is unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in their custody, care, or control any firearm or weapon of mass death and destruction. A firearm includes any weapon designed or readily convertible to fire a projectile by an explosive, its frame or receiver, and a firearm silencer or muffler, and it even includes a starter gun. The one notable exception is an antique firearm. The prohibition applies to a person with any felony conviction, whether it happened in North Carolina, in federal court, or in another state, which is why the underlying felony does not have to be a weapons offense for this charge to apply.
Constructive Possession
A common misunderstanding is that this charge requires physically holding a gun. It does not. North Carolina recognizes constructive possession, meaning a person can be charged if they had both the power and the intent to control a firearm, even without touching it. A gun in a person’s home, or in a car they control, can support the charge. There is a limit, though. When a person does not have exclusive control of the place where the firearm is found, mere presence or association is not enough, and the state must show additional evidence linking the person to the weapon. Because so many of these cases turn on constructive possession, exactly whose gun it was and who could control it is often the central dispute.
The Sentence and Newer Aggravated Versions
Possession of a firearm by a felon is a Class G felony, which carries a prison term generally in the range of about 8 to 31 months, up to a maximum of 47 months, depending on the defendant’s prior record. Whether a sentence involves active prison time or probation depends on the record and the facts. In 2025, North Carolina added more serious versions of the offense. Possessing a firearm as a felon during the commission or attempted commission of another felony is a Class F felony, brandishing the firearm during that felony raises it to a Class D felony, and discharging it during that felony makes it a Class C felony. These tiers are narrower than they first appear, because the other felony has to be one under Chapter 14, the state’s main criminal code, or under the Controlled Substances Act, so a felony outside those two areas does not trigger them. Brandishing is also defined broadly, reaching any display of part of the firearm or anything else that makes its presence known to another person. Separately, federal law independently prohibits many people with felony convictions from possessing firearms, so the same conduct can carry federal exposure as well.
Possession of Firearm by Felon at a Glance
| Scenario | Classification |
| Possession of a firearm by a felon | Class G felony, roughly 8 to 31 months, up to 47 |
| Possession during a Chapter 14 or drug felony | Class F felony |
| Firearm brandished during that felony | Class D felony |
| Firearm discharged during that felony | Class C felony |
| Antique firearm | Not covered by the statute |
Common Defenses and the Path Back
Defenses to this charge often focus on possession and knowledge. Where the gun was found in a shared space, the defense may challenge whether the person actually had the power and intent to control it, since mere presence is not enough. The legality of the stop or search that produced the firearm can also be central, because evidence from an unlawful search may be challenged. And the existence or validity of the underlying felony conviction can sometimes be at issue. For people who have completed their sentence, North Carolina does provide limited paths to restore firearm rights in some circumstances, which is a separate topic worth exploring with a lawyer.
Frequently Asked Questions
Is possession of a firearm by a felon a felony in North Carolina?
Yes. Under G.S. 14-415.1, it is a Class G felony for a person convicted of a felony to possess a firearm. Newer versions of the offense are even more serious when a gun is possessed, brandished, or discharged during a Chapter 14 or controlled substances felony.
What is the sentence for a felon in possession of a firearm in NC?
It is a Class G felony, which carries a prison term generally in the range of about 8 to 31 months, up to a maximum of 47 months, depending on prior record. Some cases can involve probation rather than active time.
Can you be charged if the gun was not yours in North Carolina?
Yes, through constructive possession, if you had the power and intent to control the firearm. But if you did not have exclusive control of the location, mere presence or association is not enough, and the state must show more.
Does the felony have to be a gun crime for this charge to apply?
No. Any felony conviction triggers the prohibition, whether it was in North Carolina, federal court, or another state. The underlying felony does not need to involve a weapon.
Can a felon ever legally own a gun again in NC?
In limited circumstances. North Carolina allows restoration of firearm rights in some cases, such as for a single nonviolent felony after a waiting period, and expunction or a pardon can also restore rights. It is a separate process worth discussing with a lawyer.
Charged With Possession of a Firearm by a Felon in Raleigh?
These cases frequently turn on constructive possession and the legality of a search, and the newer aggravated versions raise the stakes considerably. Manning Law Firm has defended felony and weapons charges in the Wake County courts for more than 40 years, led by a former federal prosecutor who is a Board-Certified Specialist in State and Federal Criminal Law. Call 919.834.3499 or use our 24/7 text line at 919.801.3267 to schedule a consultation and protect your future.
