At King & Rowe, Attorneys at Law, one of the most frequent questions we get from clients facing misdemeanor charges is:“Will I lose my right to own or carry a gun?”
The short answer is: it depends on the type of misdemeanor. Some misdemeanor offenses do affect your gun rights under both North Carolina and federal law—especially those involving domestic violence or weapons-related conduct.
Which Misdemeanors Can Affect Firearm Rights in NC?
Not all misdemeanors will impact your gun ownership, but certain charges do trigger restrictions:
#### 🔹 Domestic Violence Offenses (Including Assault on a Female)
- A conviction involving domestic violence can result in a permanent federal gun ban under the Lautenberg Amendment.
- This applies even if the charge was a Class A1 misdemeanor and no firearm was used in the offense.
- In NC, common charges that trigger this include:
Assault on a female
- Simple assault (if against a domestic partner)
- Communicating threats
- Violation of a domestic violence protective order (DVPO)
#### 🔹 Weapons-Related Misdemeanors
- Unlawful possession of a firearm
- Carrying a concealed weapon without a permit
- Possession of a firearm by a minor
Convictions for these offenses may lead to loss of concealed carry privileges, revocation of permits, or even temporary or permanent bans.
Can I Own a Gun After a Misdemeanor Conviction?
That depends on:
- Type of charge
- Whether it involved domestic violence
- Whether you’ve had rights restored under NC law
- Your federal eligibility under 18 U.S.C. § 922(g)
Even if North Carolina does not revoke your gun rights, federal law may still apply. For example, if you are convicted of a misdemeanor involving domestic violence, the federal gun ban is automatic and permanent, regardless of state rules.
Can My Gun Rights Be Restored?
In some cases, yes. North Carolina law (N.C. Gen. Stat. § 14-415.4) allows restoration of rights after a period of time and if certain conditions are met. Restoration may be possible if:
- You’ve completed your sentence
- A significant amount of time has passed (typically 20 years for felonies, but shorter for misdemeanors)
- You are not under any other firearm prohibitions
Important: Federal prohibitions for domestic violence misdemeanors cannot be undone by state expungements unless the conviction is fully overturned or pardoned.
What Should You Do If You’re Charged with a Misdemeanor?
- Do not plead guilty without speaking to an attorney.
- Understand how the charge may affect your gun rights.
- Consult experienced local attorneys like those at King & Rowe, Attorneys at Law, who can guide you through dismissal, plea negotiation, or expungement.
Why Choose King & Rowe?
As criminal defense attorneys born and raised in Hickory, NC, we understand how deeply rooted firearm rights are in our community. Whether you’re facing a misdemeanor or want to restore your rights, our firm fights to protect your freedom and your future.
If you have been charged with a felony, be informed by checking out our blog “How a Felony Affects Your Gun Rights in Hickory, North Carolina”
📞 Concerned about losing your gun rights due to a misdemeanor?
Contact King & Rowe, Attorneys at Law—trusted local criminal defense attorneys serving Hickory and surrounding counties. We’ll review your case and help you understand all your legal options. 828-244-2562
