Possession of Prohibited Firearms in North Carolina

Being charged with possession of a prohibited firearm in North Carolina is a serious matter that can result in both state and federal prosecution. These are not ordinary weapons charges — they involve highly restricted or banned firearms that trigger enhanced penalties and close scrutiny from law enforcement agencies. If you’re facing this type of charge, your first call should be to a skilled criminal defense attorney with experience in complex weapons cases.

What Is a “Prohibited Firearm”?

In North Carolina, and under federal law, certain firearms are outright illegal to possess or require special authorization. These include:

• Fully automatic weapons (machine guns)
• Short-barreled rifles or shotguns
• Silencers or suppressors without federal tax stamps
• Explosive devices and pipe bombs
• Firearms with obliterated or altered serial numbers

Possession of any of these weapons, even if they are not used or displayed, may be enough to result in a felony weapons charge.

Legal Issues That Can Complicate Your Case

Possession charges often hinge on a range of legal complexities. One of the most important factors is whether the accused had knowledge and intent, that is, whether they were aware the firearm in question was prohibited under state or federal law. This becomes especially critical in cases involving antique weapons, inherited firearms, or weapons that were modified after purchase. Additionally, search and seizure issues can make or break a case. If the firearm was discovered during a search that violated constitutional protections, evidence may be suppressed. Ownership and control are also central—was the weapon found in your home, car, or on your person? And finally, registration and compliance with federal requirements (such as tax stamps for suppressors or registration under the National Firearms Act) often come into play. These legal gray areas are opportunities for an experienced attorney to intervene and build a strong defense.

Penalties for Possession of Prohibited Firearms

Possessing an illegal or restricted firearm is typically charged as a Class H or Class I felony under North Carolina law. Penalties may include:

• Prison sentences ranging from 3 to 39 months, depending on prior record
• Federal felony exposure under the National Firearms Act or Gun Control Act
• Lifetime bans on future firearm ownership
• Immigration and employment consequences

When a prohibited weapon is found in conjunction with other crimes, such as drug trafficking or violent offenses, sentencing can escalate quickly.

State vs. Federal Jurisdiction

Possession of prohibited firearms can result in either state or federal charges, or both. Federal charges are especially common when the weapon crosses state lines, lacks proper registration under the National Firearms Act, or is found during the investigation of another federal offense. The U.S. Attorney’s Office aggressively prosecutes these cases, particularly those involving automatic weapons, suppressors, or destructive devices. Thomas Amburgey is actively expanding his federal criminal defense practice and brings the trial experience and tactical knowledge needed to defend firearm cases in both jurisdictions.

What Clients Need to Know

• Prohibited weapons carry steep penalties, even without intent to use
• Federal gun laws are stricter than state statutes in many cases
• Search and seizure issues often determine the outcome
• Your lawyer matters — experience with weapons cases is critical

A Defense Strategy Built on Experience

Facing a prohibited weapons charge is not the time to hire a generalist. Thomas Amburgey, a former prosecutor and Board Certified Specialist in State Criminal Law, brings serious trial experience and a deep understanding of both state and federal weapons laws. His firm has successfully handled high-stakes firearm cases across North Carolina — and he’s ready to fight for you.

Call today for a confidential consultation.