Last month on May 25, 2011, Judge John Joseph Carroll, III passed away shortly after learning he had pancreatic cancer at only 50 years of age. His death was unexpected to almost everyone, and he is dearly and sorely missed by those of us left behind.  Judge Carroll was extremely well respected and there was a huge turnout at the services to honor his life. He was a man who honored God, his family, and his country.  “He was happiest when he was serving others,” said the Rev. Jeff Nichols. “The attendance is a tribute to the respect this community had for this great man.” His beloved wife, Charlene, said:  “He was a great, great family man . . . . His hobby and his sport was just hanging out with the children.”

On June 6, 2011, Jenna F. Butler, President of the 5th Judicial District Bar sent out a Notice of Special Meeting to Select Nominees for District Court Vacancy to the members of the 5th Judicial District Bar which is comprised of New Hanover County (County Seat Wilmington NC) and Pender County (County Seat Burgaw NC). The Notice read: Pursuant to N.C. Gen. Stat. §7A-142 and Article XI of the Bylaws of the Fifth Judicial District Bar, notice hereby is given that a SPECIAL MEETING OF THE FIFTH JUDICIAL DISTRICT BAR will be held on WEDNESDAY, JUNE 22, 2011 at 5:30 p.m. in Courtroom 403 of the New Hanover County Courthouse for the sole purpose of selecting nominees to submit to the Governor to fill the District Court Vacancy occasioned by the unfortunate loss of The Honorable John J. Carroll, III. The notice also contained the following note: We regret the expediency of this notice and meeting so soon after Judge Carroll’s passing. This was not our preferred timeframe and no disrespect is intended. By statute, our membership must submit its nominations within thirty (30) days of the date of the vacancy or the Governor may fill the vacancy without our input. Thank you for your understanding.

On Wednesday, June 22, 2011, lawyers and Judges from the 5th Judicial District Bar met Wednesday at the New Hanover Courthouse and voted for the top three candidates for the new district court judge, to be appointed by the Governor of North Carolina – Beverly Perdue. The Wilmington Star newspaper reported that from the list of candidates, the group of attorneys selected three.  The candidate with the most votes was attorney Robin Wicks Robinson who narrowly lost a judicial race in November 2010 and has twice previously been nominated for judicial vacancies.  The other two candidates selected were Nora Hargrove, an assistant public defender for the New Hanover County Public Defender’s Office, and Kent Harrell, a Burgaw attorney who’s practice includes family law, civil litigation and criminal defense.

It was reported that on June 3, 2011 former Presidential Candidate John Edwards was indicted on four counts of illegal campaign contributions and charges of conspiracy and false statements after federal prosecutors said he used more than $900,000 from his 2008 presidential campaign to cover up his affair with staffer Rielle Hunter and the birth of their daughter. Edwards was ordered to give up his passport.  So it is likely that as this case move forward, Edwards will either be at his home in Chapel Hill, NC or at his beach house in Figure Eight Island, NC, which is just north of Wrightsville Beach in New Hanover County.

The Wilmington Star News reported that Edwards pleaded not guilty to these charges. Edwards defense team says the money he received from his former campaign finance chairman were personal gifts, while the indictment said the payments were a scheme to protect Edwards’ White House ambitions. The indictment stated that, “A centerpiece of Edwards’ candidacy was his public image as a devoted family man.

John Edwards of Robbins, North Carolina came into the national spotlight in the 1980s and 1990s as a successful trial lawyer. He repeatedly won millions of dollars for his clients.  Later he and another attorney created their own firm. He was elected to represent North Carolina in the United States Senate in 1998, and ran for President in 2004 and 2008. During Edwards’ 2004 presidential run he came to Wrightsville Beach, NC to mingle with North Carolinians at the beach crowd.  His activities during his 2008 campaign for President are what are under scrutiny.

The National Enquirer, a tabloid newspaper, first reported the extramarital affair in 2007, but both Edwards and Hunter denied its truth. The mainstream media ignored the story because they said there was no evidence showing it was true.  In August of 2008, Edwards admitted to the affair, but denied he was the father of the child. It was not until January of 2010 that Edwards admitted he was the father.

The federal investigation took more than two years and searched every moment of Edwards political career to examine if he did anything improper. The focus of the investigation had been on the hundreds of thousands of dollars that two of Edwards’ supporters had provided him. This money went to keep Hunter and her baby in hiding in 2007 and 2008.

The legal case against Edwards will focus on whether the money that his two supporters spent to keep his mistress in hiding were campaign contributions that should have been reported publicly, or private gifts from friends. If convicted he faces up to five years in prison and a $250,000 fine on each count.

Americans were not discouraged by high gas prices, which at $3.77 a gallon was one dollar a gallon higher compared to last year, and took to the road this past weekend in enormous numbers to celebrate Memorial Day Weekend.  According to a  AAA report 34.9 million travelers journeyed at least 50 miles from home, which was an increase of 100,000 travelers compared to the same weekend last year.  The report declared that 41 percent of the people traveling in the South Atlantic region went to a beach.

In North Carolina that meant that people came to our beautiful beaches up and down the coast.  North Carolinians spent the holiday weekend at the beaches in Pender County, New Hanover County, and Brunswick County.  The beaches in our area that saw a dramatic rise in population this past weekend was Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

The increase in driving led to more dangerous conditions on the roads.  The roadways going to and from the beaches had many traffic jams because so many people descended on the beaches in our part of the state.  In addition to more cars clogging the roads, people were more likely to be drinking and driving.  The North Carolina Highway Patrol announced that at least nine motorists died during the Memorial Day Weekend.  Last year, eleven motorists died and 358 people were injured in car accidents.

The Star News (Major newspaper in Wilmington, NC) published before the holiday weekend that the Wilmington Police Department would host a multi-agency traffic checking station on Sunday afternoon and evenings.  Officers involved in the operation will target impaired driving as well as underage possession of alcohol, open containers of alcohol, or failure to use seatbelts.  It is highly recommended to find experienced attorneys or lawyers to help you if you were caught in one of these checkpoints.

If you were hurt in a car accident, or you were charged with any crime or issued a traffic citation during the Memorial Day Weekend in or around Wilmington, NC scheduled for court in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC), you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

It is prom season here in Southeastern North Carolina. Teenagers at high schools in New Hanover, Brunswick, and Pender Counties will soon be dancing the night away at their junior and senior proms in celebration of yet another school year coming to a close.  However, prom has become a time that some underage high school students are likely to excessively drink.  This has led to an increase in underage drinking charges, teenagers using fraudulent driver’s licenses, and DUI/DWI’s.  Additionally, underage individuals will attempt to have a family member or friend who is older than 21 purchase alcohol for them.  North Carolina is taking steps to make it more difficult for underage individuals to get their hands on alcohol, and has introduced a vertical driver’s license for anyone under the age of 21.  Moreover, North Carolina driver’s licenses have a hologram on them, which is a security feature that makes it more difficult to copy.  In a lot of cases underage drinkers try to get around that by obtaining fake IDs from out of state.

Before you consider drinking for your prom or buying alcohol for a friend it is important to know the laws of the State of North Carolina.  Convictions of the laws concerning the sale, possession, and consumption of alcoholic beverages outlined in N.C.G.S. Chapter 18B named “Regulation of Alcoholic Beverages,” will lead to a punishment of a class one (maximum of 120 days in jail) or class two misdemeanor (maximum of 60 days in jail).  Furthermore, it is possible that a conviction will lead to your driver’s license being revoked for one year.

N.C.G.S Chapter 18B states that it is unlawful for a person under the age of 21  to buy, attempt to buy, or to possess fortified wine, spirituous liquor, or mixed beverages. It is unlawful for a person under 21 to consume any alcoholic beverage.  If you are underage and you purchase alcohol for another person you shall be guilty of a Class 2 misdemeanor.  If you are over 21 and purchase alcohol for someone that is younger than 21 you can be guilty of a Class 1 misdemeanor.  Additionally it is unlawful to use a fraudulent or fake drivers license or other identification document to purchase alcoholic beverages.  Further, any person who permits the use of their driver’s license will be held accountable.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, does not necessarily mean you will be convicted.  Collins Law Firm has represented many people charged with violating the laws concerning the sale, possession, and consumption of alcohol.  In most cases, especially for first time offenders, we have been able to prevent convictions.  Presently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. When there is a solid defense, we normally are able to have the charges dismissed without our clients having to perform any volunteer service or complete classes.

If you have been charged with underage drinking, a DWI / DUI, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you call Collins Law Firm at: 910-793-9000 for a confidential consultation.

Today’s news headlines are dominated by the weekend arrest of the head of the International Monetary  Fund – Dominique Strauss-Kahn.  He is accused of a violent sexual attack on a hotel maid at the luxury Sofitel hotel, near Times Square, and he is charged with a criminal sex act, attempted rape, and unlawful imprisonment.  This is an extremely high profile case because as a member of France’s Socialist party, Strauss-Kahn had been considered the strongest potential opponent to French President Nicolas Sarkozy, in next year’s election.

Strauss-Kahn was examined by authorities over the weekend for physical evidence that could incriminate him, or which could be exculpatory, in the alleged sexual assault of a hotel maid.  His criminal defense lawyer, or at least one of his attorneys is William Taylor, who said that Strauss-Kahn voluntary submitted to the “forensic examination” requested by prosecutors.  Another criminal defense attorney, Benjamin Brafman, said that Strauss-Kahn “intends to vigorously defend these charges and he denies any wrongdoing.”  Strauss-Kahn was in custody over the weekend at a Harlem precinct where police say the maid identified him from a lineup.  He will have his arraignment in a Manhattan court this Monday, May 16, 2011.

The physical evidence will be very important in this high profile case.  Eye witness testimony has been one of the major sources of wrongful convictions historically.  There are laws in many states proscribing procedures by which eyewitness identification must follow to be admissible in court.  For example North Carolina has the Eyewitness Identification Reform Act codified at § 15A-284.52. This Act requires that:  Before a lineup, the eyewitness shall be instructed that:  “a. The perpetrator might or might not be presented in the lineup, b. The lineup administrator does not know the suspect’s identity, c. The eyewitness should not feel compelled to make an identification, d. It is as important to exclude innocent persons as it is to identify the perpetrator, and e. The investigation will continue whether or not an identification is made. The eyewitness shall acknowledge the receipt of the instructions in writing. If the eyewitness refuses to sign, the lineup administrator shall note the refusal of the eyewitness to sign the acknowledgement and shall also sign the acknowledgement. (4) In a photo lineup, the photograph of the suspect shall be contemporary and, to the extent practicable, shall resemble the suspect’s appearance at the time of the offense. (5) The lineup shall be composed so that the fillers generally resemble the eyewitness’s description of the perpetrator, while ensuring that the suspect does not unduly stand out from the fillers. In addition: a. All fillers selected shall resemble, as much as practicable, the eyewitness’s description of the perpetrator in significant features, including any unique or unusual features. b. At least five fillers shall be included in a photo lineup, in addition to the suspect. c. At least five fillers shall be included in a live lineup, in addition to the suspect. d. If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the current suspect participates shall be different from the fillers used in any prior lineups. (6) If there are multiple eyewitnesses, the suspect shall be placed in a different position in the lineup or photo array for each eyewitness. (7) In a lineup, no writings or information concerning any previous arrest, indictment, or conviction of the suspect shall be visible or made known to the eyewitness. (8) In a live lineup, any identifying actions, such as speech, gestures, or other movements, shall be performed by all lineup participants. (9) In a live lineup, all lineup participants must be out of view of the eyewitness prior to the lineup. (10) Only one suspect shall be included in a lineup. (11) Nothing shall be said to the eyewitness regarding the suspect’s position in the lineup or regarding anything that might influence the eyewitness’s identification.”

The Strauss-Kahn case will be interesting to follow to see how the physical evidence supports, or contradicts, the eyewitness evidence.

Recently, the Winston-Salem Journal reported that greater than half of the defense lawyers on the court appointed lists in Forsyth County removed their names from the lists when they heard that the $75-per-hour fee may be reduced by $25 under the next state budget.  Danielle Carman, assistant director of the state Office of Indigent Defense Services, said that the move could result in defendants having less-experienced attorneys representing them and could lead to a backlog of criminal cases. She also said that the move would mean that there will be fewer attorneys on the court-appointed lists available to represent clients who can’t afford to hire their own attorneys.  Judges have authority to appoint lawyers who are not on the lists, and attorneys with little to no criminal defense experience may be assigned to represent defendants.  “If I were buying a house, I would want a real estate lawyer,” Carman said.  “If I were a criminal defendant, I would very much prefer a criminal attorney representing me.”
The Journal reported that David Botchin, a Winston-Salem criminal defense lawyer, organized a meeting of criminal defense attorneys.  Thirty-eight attorneys out of 68 on court-appointed lists removed their names from the lists, and more lawyers are planning to remove their names. He said attorneys in Durham, Catawba and Wayne counties are considering a similar move.
The vast majority of the criminal lawyers in Bladen County,  if not all, have removed their names from the court appointed lawyer list, Carman said.  About most of the criminal defense attorneys in Alamance County have removed their names from the lists, she said.
Carman said that if the Office of Indigent Defense Services (IDS) cuts the fees, it will mean that attorneys would receive $50 an hour for handling cases for indigent clients. She said that most lawyers spend about $58 an hour in overhead, including rent, computer access, office assistants and other expenses.
The Journal reported that David Freedman, a Winston-Salem criminal defense attorney, said that private criminal defense attorneys can charge from $200 to $400 an hour depending on their experience.
In Wilmington, NC, located in New Hanover County, we have a Public Defenders Office which handles the majority of the appointed counsel cases.  Private assigned counsel in New Hanover County handle overflow and conflict cases for the Public Defender’s Office.  Private assigned counsel in Pender County, in the court house in Burgaw, handle the bulk of criminal cases in that County.  In Brunswick County, at the courthouse located in Bolivia, NC, there is no public defenders office, and the vast majority of court appointed cases are handled by local private attorneys.
The times news reported that attorneys say they can’t pay assistants, receptionists, pay rent and run their offices on less than $75 an hour. IDS estimates that attorneys pocket less than $17 of the hourly rate. If trials last longer than a day or two, several attorneys said Friday that they operate at a loss.  Rep. Alice Bordsen, D-Alamance, who is on the judicial and appropriations committee says the cuts threaten to undermine the justice system.  She said that she is concerned that indigent defendants will not receive fair representation if experienced lawyers can’t afford to remain on the court appointed counsel lists.

According to news reports, more than 200 people were cited for crimes or arrested during the 2011 North Carolina Azalea Festival.  WECT (the NBC television affiliate in Wilmington) cited Division of Alcohol Law Enforcement as the source of that report.  They said that the charges ranged from drug trafficking to underage drinking, fake identification (fake ID), and carrying concealed weapons without a permit.  The story stated that:  ALE states 269 charges were made on 218 people, including 17 fake identification violations, 53 charges of possession of alcoholic beverages by an underage person, 36 drug charges including trafficking in opium, and carrying a concealed weapon without a permit.  ALE also tested local businesses for selling alcohol to minors.  The WECT story also said that the NC Highway Patrol also conducted two DWI checkpoints during the Azalea Festival due to the large influx of tourists.  The story said that First Sgt. Troy Pope with Highway Patrol reported that a total of 68 people were cited for DWI, while 498 people were cited for other violations.
The Star News (the main news paper in Wilmington NC) reported that the N.C. Highway Patrol had arrested 68 people for driving while intoxicated (DWI / DUI) Saturday and Sunday morning at checkpoints, according to Sgt. Matt Hardee.  Sgt. Hardee said that “Booze It and Lose It” checkpoints were set up on Martin Luther King Drive and on U.S. 74/76.  According to the story, Sgt. Hardee also said that the arrests bring the total number of DWI arrests to over 2000 since January, 2010, and 276 in just this year in New Hanover and Brunswick counties.
When a law enforcement office arrests a person for DWI, there are legal procedures that must be followed, and if the requirements are not met, and if challenged, it can result in the acquittal (a finding of not guilty or a dismissal of the charge) of the accused.
We always counsel people against drunk driving, which is a very serious crime.  But if you have been accused of any crime, Collins Law Firm can help.  We are available 24/7 by appointment.  If you have been accused of a crime, call us for a consultation at:  910-793-9000.

This weekend, April 6-10, 2011, is the 64th Annual North Carolina Azalea Festival in Wilmington, NC, New Hanover County. The Festival is an annual celebration of Wilmington’s gardens and culture.  The festival covers five days of entertainment which includes: a parade, street fair, circus, concerts, pageantry, and all that is Southern. Beginning in 1948, the Festival has blossomed into an extended weekend celebration that attracts more than 250,000 people annually to the region including and surrounding New Hanover County, NC.
This year the festival includes a concert by the Avett Brothers!  The Avett Brothers is a folk rock band from Concord, North Carolina, comprised up of brothers Scott Avett and Seth Avett, who play the banjo and guitar respectively, and Bob Crawford who plays the stand-up bass.  When tickets went on sale for this show, they sold out within days.  The Avett brothers have quite a loyal following, and many people from around the Southeast will be coming to the Azalea Festival for the first time to see the show.
The Festival also includes the 127th annual Cole Bros. Circus of the Stars. The name refers to its dome interior which replicates a celestial nighttime sky. Billed as “the world’s largest circus under the big top,” the circus boasts costumed characters, acrobatics, death-defying stunts and an international cast of entertainers with their trained and exotic animals. However, the circus comes with some controversy.  According to bornfreeusa.org, the Cole Brothers Circus has failed to meet minimal federal standards for the care of animals used in exhibition as established in the Animal Welfare Act (AWA). The United States Department of Agriculture (USDA) has cited Cole Bros. Circus numerous times for failure to provide veterinary care, adequate shelter from the elements, and proper food and water, as well as failure to handle animals in a manner that prevents trauma and harm and ensures public safety.  In past years, protesters have greeted patrons at the entrance of the parking lots with pictures of animal cruelty related to the circus.  This year, the protesters will also likely be back.
While the Azalea Festival is a fun family friendly event, drinking alcohol is part of many of the events, and in the revelry many people will be charged with alcohol related crimes including open container, driving while impaired  or driving under the influence (DWI/DUI), fake i.d. or counterfeit identification, underage drinking, and aiding and abetting these and other crimes.
If you are charged with any type of crime in our area, call Collins Law Firm at 910-793-9000 for a consultation about what we can do for you. In many cases, we are able to negotiate with the charging officer and the district attorney’s office to have a defendant perform volunteer service in order to have the charges dismissed.  Sometimes, that volunteer service can be served on the beach picking up trash, and helping keep our beautiful beaches clean, including Wrightsville Beach, Carolina Beach, Topsail Beach, Wilmington Beach, and Kure Beach.

Spring is here, and people across the Southeast are thinking about going to the beaches in Southeastern North Carolina and planning trips.  We have beautiful beaches in our area.  In New Hanover County, there is Wrightsville Beach, Carolina Beach, Wilmington Beach, and Kure Beach. In Pender County, there is Surf City and Topsail Island.  In Brunswick County, there is Sunset Beach, Holden Beach, Oak Island, Caswell Beach, and Ocean Isle Beach.

There are many efforts to prevent littering, and many make the news in our region.  In Wrightsville Beach, the Cleaner, Greener Wrightsville Beach committee has proposed a list of ideas to help prevent littering.  They proposed the following steps:  to develop a visual image for regular signage and holiday banners to remind visitors to keep Wrightsville Beach clean; create a logo that can be included on T-shirts (possibly signage and banners, too) to identify beach sweep volunteers and solicit volunteers to educating the public about cleaner, greener efforts; color code recycling containers and consider additional recycle locations on the beach strand; maintain the Green Tab on the town’s website through IT manager, Raquel Ivins; work with the Wrightsville Beach Merchants Association and Mayor David Cignotti coordinating with their litter awareness efforts; and study and use results of the Cleaner Greener Survey in developing ideas and plans.

Another program is North Carolina Big Sweep.  They finished first in the voting in the MillerCoors River Network competition.  The first prize is a $30,000 grant.  The statewide non-profit group says the money will be used to coordinate cleanups in all 100 counties in North Carolina and to implement a litter awareness campaign.  WWAY has partnered with Big Sweep on annual beach clean-up programs in the area.

Our beaches are beautiful, and we should all help to alleviate littering.  Littering on most of our beaches is a crime – a misdemeanor, and a conviction for littering can remain on one’s criminal record for life unless steps are taken to prevent it.   If you are charged with littering, or any other crime in our area, Collins Law Firm can help prevent the consequences of being charged, such as court appearances, and convictions and the subsequent consequences of a conviction such as fines, court costs, probation, etc.  We have been doing so for over a decade.

One way we often help avoid convictions for such crimes as littering is to negotiate with law enforcement and the district attorney’s office to have a client perform a number of hours of volunteer service.  Often that volunteer service can be picking up litter on the beach.

If you have been charged with littering, or any other crime in our area, call Collins Law Firm at 910-793-9000 for a consultation about what we can do for you.

Recently, the North Carolina Legislature enacted S.L. 2011-2 (H 18), which clarifies the effective date of the law authorizing restoration of firearms rights under certain circumstances.   This bill amends the effective date of S.L. 2010-108 (H 126), (codified as  § 14-415.4. Restoration of firearms rights), which allows people convicted of nonviolent felonies to apply for restoration of the right to possess firearms and creates an exception from firearms restrictions for white collar felony convictions.  The 2010 act contained a standard effective-date clause used in criminal law legislation—that is, that the act applied to offenses committed on or after a particular date, in this instance February 1, 2011.  This wording created some question whether the restoration procedure and exception applied to a person who committed an offense before that date.  The 2011 amendment clarifies that the restoration procedure and exception takes effect February 1, 2011.  Thus, whether the offense date is before or after February 11, a person is eligible for restoration of firearm rights if he or she was convicted of a nonviolent felony as defined in G.S. 14-415.4, completed his or her sentence at least twenty years ago, and otherwise meets the requirements for restoration.  The act is effective March 5, 2011.
The text of the Act, specifying the criteria under which the rights may be restored, is:  Article 54A.  The Felony Firearms Act;  § 14-415.4.   Restoration of firearms rights:
(a) Definitions. – The following definitions apply in this section: (1) Firearms rights. – The legal right in this State of a person to purchase, own, possess, or have in the person’s custody, care, or control any firearm or any weapon of mass death and destruction as those terms are defined in G.S. 14-415.1 and G.S. 14-288.8(c).  The term does not include any weapon defined in G.S. 14-409(a). (2) Nonviolent felony. – The term nonviolent felony does not include any felony that is a Class A, Class B1, or Class B2 felony.  Also, the term nonviolent felony does not include any Class C through Class I felony that is one of the following:  a.  An offense that includes assault as an essential element of the offense.  b.  An offense that includes the possession or use of a firearm or other deadly weapon as an essential or nonessential element of the offense, or the offender was in possession of a firearm or other deadly weapon at the time of the commission of the offense.  c.  An offense for which the offender was armed with or used a firearm or other deadly weapon.  d.  An offense for which the offender must register under Article 27A of Chapter 14 of the General Statutes.  (b) Purpose. – It is the purpose of this section to establish a procedure that allows a North Carolina resident who was convicted of a single nonviolent felony and whose citizenship rights have been restored pursuant to Chapter 13 of the General Statutes to petition the court to remove the petitioner’s dis-entitlement under G.S. 14-415.1 and to restore the person’s firearms rights in this State.  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.  Restoration of a person’s firearms rights under this section means that the person may purchase, own, possess, or have in the person’s custody, care, or control any firearm or any weapon of mass death and destruction as those terms are defined in G.S. 14-415.1 and G.S. 14-288.8(c) without being in violation of G.S. 14-415.1, if otherwise qualified.  (c) Petition for Restoration of Firearms Rights.  – 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 this section.  A person who was convicted of a nonviolent felony in a jurisdiction other than North Carolina may petition the district court in the district where the person resides to restore the person’s firearms rights pursuant to this section only if the person’s civil rights, including the right to possess a firearm, have been restored, pursuant to the law of the jurisdiction where the conviction occurred, for a period of at least 20 years.  The court may restore a petitioner’s firearms rights after a hearing in court if the court determines that the petitioner meets the criteria set out in this section and is not otherwise disqualified to have that right restored.
(d) Criteria.  – The court may grant a petition to restore a person’s firearms rights under this section if the petitioner satisfies all of the following criteria and is not otherwise disqualified to have that right restored:  (1) The petitioner is a resident of North Carolina and has been a resident of the State for one year or longer immediately preceding the filing of the petition.  (2) The petitioner has only one felony conviction and that conviction is for a nonviolent felony.  For purposes of this subdivision, multiple felony convictions arising out of the same event and consolidated for sentencing shall count as one felony only.  (3) The petitioner’s rights of citizenship have been restored pursuant to Chapter 13 of the General Statutes or, if the conviction was in a jurisdiction other than North Carolina, have been restored, pursuant to the laws of the jurisdiction where the conviction occurred, for a period of at least 20 years before the date of the filing of the petition.  (4) The petitioner has not been convicted under the laws of the United States, the laws of this State, or the laws of any other state of any misdemeanor as described in subdivision (6) of subsection (e) of this section since the conviction of the nonviolent felony.  (5) The petitioner submits his or her fingerprints to the sheriff of the county in which the petitioner resides for a criminal background check pursuant to G.S. 114-19.28.  (6) The petitioner is not disqualified under subsection (e) of this section.
If you live in Southeastern North Carolina (Brunswick, New Hanover, or Pender Counties) and think you qualify for restoration of your right to bear firearms and are interested in having your rights restored, call Collins Law Firm for a consultation at:   910-793-9000.