Wake North Carolina Petition and Order Disposing Firearm - Without Conviction (Side One) Order Disposing of Weapon - Upon Conviction (Side Two)

State:
North Carolina
County:
Wake
Control #:
NC-CR-218
Format:
PDF
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Petition and Order Disposing Firearm - Without Conviction (Side One) Order Disposing of

Weapon - Upon Conviction (Side Two): This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

The Wake North Carolina Petition and Order Disposing Firearm — Without Conviction (Side One) Order Disposing of Weapon — Upon Conviction (Side Two) are legal documents that pertain to firearms and their disposition in specific circumstances within the jurisdiction of Wake County, North Carolina. These documents address the varying situations wherein one might need to dispose of or retain a firearm, based on whether there has been a conviction or not. Side One of the Wake North Carolina Petition and Order Disposing Firearm deals with situations where a firearm needs to be disposed of without a conviction. This side covers scenarios where individuals may voluntarily surrender their firearms due to concerns regarding their mental or emotional state, family safety, or potential harm to oneself or others. These individuals may seek the court's approval to dispose of their firearms even in the absence of a criminal conviction. The document helps them navigate the legal process to ensure the safe and proper disposal of the firearms. Side Two of the Wake North Carolina Petition and Order Disposing of Weapon focuses on disposing of weapons upon conviction. This side of the document deals with situations wherein an individual has been convicted of a crime and the court has deemed it necessary to confiscate and dispose of the weapon used during the commission of said crime or as required by North Carolina state law. It's important to note that there might be variations or subtypes of these petitions and orders, depending on the specific circumstances and legal requirements. For example, variations could arise when dealing with different types of firearms (handguns, rifles, shotguns) or specific situations, such as domestic violence cases or incidents involving illegal possession of firearms. In summary, the Wake North Carolina Petition and Order Disposing Firearm — Without Conviction (Side One) Order Disposing of Weapon — Upon Conviction (Side Two) are essential legal documents that regulate the proper disposal of firearms under specific circumstances, whether it be voluntary surrender or as mandated by the court following a conviction.

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FAQ

Did you know that if convicted of domestic violence offense you will not be able to obtain a gun permit in NC or under federal law? That's right. Even if your conviction was for a misdemeanor offense, any domestic violence conviction precludes your ability to obtain a firearm.

Shooting Range Laws and Restrictions for Convicted Felons In 1968, the federal government passed the Gun Control Act to prevent any convicted felon from exercising their gun rights. Under the law, both non-violent and violent felons are legally prohibited from buying or operating a gun.

In 2004 the NC Legislature banned all gun ownership by convicted felons. The North Carolina Felony Firearms Act makes it illegal for a convicted felon to purchase, own, or possess any firearm.

If the single nonviolent felony conviction was an out-of-state conviction or a federal conviction, then the North Carolina resident shall show proof of the restoration of his or her civil rights and the right to possess a firearm in the jurisdiction where the conviction occurred.

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

The document must include identifying details about the seller, the buyer, and the firearm itself. It can also serve as proof that a legal and complete change of ownership occurred between the two (2) parties. It does require notarized signatures in order to be valid.

G.S. 14-415.4(c) states that a person may petition the court for a restoration order if his or her civil rights, including the right to possess a firearm, have been restored in the other jurisdiction for at least 20 years.

- A person who was convicted of a nonviolent felony in North Carolina but whose civil rights have been restored pursuant to Chapter 13 of the General Statutes for a period of at least 20 years may petition the district court in the district where the person resides to restore the person's firearms rights pursuant to

Have citizenship rights restored pursuant to NCGS Chapter 13 for 20 years. Submit fingerprints for background check pursuant to G.S. 143B-959. PAY FILING FEE OF $200.

These citizenship rights are usually automatically restored in North Carolina when a person completes his or her criminal sentence. Those who are convicted of a felony in another state may be able to get those rights back in North Carolina.

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Gun ownership laws are not very restrictive in the state of North Carolina. Taking an abusive stepfather's gun from their shared home.These cases are not outliers or flukes. The report also looks at the states outside of Illinois that are contributing to crime guns recovered in Chicago.

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