Felon in Possession of a Firearm Charges in North Carolina

A conviction for a felony limits many rights, but few are more consequential, or more aggressively enforced, than the right to possess a firearm. In North Carolina, being a felon in possession of a firearm is a serious offense that can result in additional felony charges, steep prison time, and even federal prosecution. If you're facing this charge, you need experienced legal counsel who understands how to fight both the accusation and the assumptions that come with it.

What the Law Says

Under North Carolina General Statutes § 14-415.1, it is illegal for any person convicted of a felony to own, possess, or have in their custody, care, or control any firearm or weapon of mass death and destruction. This law applies regardless of how long ago the felony occurred or whether the firearm was loaded, operational, or used.

Possession doesn't have to be literal, either, constructive possession (such as a firearm found in your vehicle or home) is enough for prosecutors to bring charges.

Penalties for Felon in Possession

• Class G felony under state law
• Potential sentence: 10 to 47 months, depending on prior record level
• May be elevated to federal chargesFederal Crimes under 18 U.S.C. § 922(g), which can carry up to 10 years in federal prison
• Permanent loss of gun rights unless rights are formally restored

Because many firearms offenses fall under both state and federal jurisdiction, a single charge can quickly become a much larger legal issue.

State vs. Federal Jurisdiction

While most felon-in-possession cases are prosecuted under North Carolina state law, some matters may escalate to federal court. Federal charges are more likely when the firearm crossed state lines, was linked to another felony (such as drug distribution), or if the accused has a significant criminal history. In these situations, the federal government may prosecute under 18 U.S.C. § 922(g), which often carries harsher sentencing guidelines and fewer opportunities for diversion. Having a defense attorney who is adept at both state and emerging federal criminal matters is essential, especially as the line between jurisdictions grows increasingly thin. Thomas Amburgey’s expanding federal defense practice is backed by deep trial experience, offering clients the strategic edge they need in these high-stakes cases.

Thomas Amburgey’s background as a Board Certified Criminal Law Specialist and former prosecutor gives him the insight and experience needed to handle these complex dual-jurisdiction cases. As his practice expands into federal criminal defense, clients benefit from a strategic approach that anticipates, and prepares for, every possibility.

What Clients Need to Know

• You can be charged even if the firearm wasn’t on your person
• Prior felonies don’t need to be violent to trigger this law
• Charges may arise from routine traffic stops or searches
• The State does not have to prove intent to use the weapon

A Strong Defense for a High-Stakes Charge

Many felon-in-possession cases turn on constitutional issues: Was the search legal? Was the weapon clearly under your control? Were you the actual possessor? These are the kinds of questions Thomas Amburgey knows how to dissect—and use to dismantle the prosecution’s case.
If you're facing this charge, don’t leave your future to chance. With years of serious felony trial work and a track record of results, Thomas Amburgey is ready to fight for your rights.

Call today for a confidential case evaluation.