§ 14-415.1. Possession of firearms, etc., by felon prohibited. - North Carolina Statutes

Article 54A.

The Felony Firearms Act.

§ 14‑415.1.  Possessionof firearms, etc., by felon prohibited.

(a)        It shall beunlawful for any person who has been convicted of a felony to purchase, own,possess, or have in his custody, care, or control any firearm or any weapon ofmass death and destruction as defined in G.S. 14‑288.8(c). For thepurposes of this section, a firearm is (i) any weapon, including a starter gun,which will or is designed to or may readily be converted to expel a projectileby the action of an explosive, or its frame or receiver, or (ii) any firearmmuffler or firearm silencer. This section does not apply to an antique firearm,as defined in G.S. 14‑409.11.

Every person violating theprovisions of this section shall be punished as a Class G felon.

(b)        Prior convictionswhich cause disentitlement under this section shall only include:

(1)        Felony convictionsin North Carolina that occur before, on, or after December 1, 1995; and

(2)        Repealed by SessionLaws 1995, c. 487, s. 3, effective December 1, 1995.

(3)        Violations ofcriminal laws of other states or of the United States that occur before, on, orafter December 1, 1995, and that are substantially similar to the crimescovered in subdivision (1) which are punishable where committed by imprisonmentfor a term exceeding one year.

When a person is charged underthis section, records of prior convictions of any offense, whether in thecourts of this State, or in the courts of any other state or of the UnitedStates, shall be admissible in evidence for the purpose of proving a violationof this section. The term "conviction" is defined as a final judgmentin any case in which felony punishment, or imprisonment for a term exceedingone year, as the case may be, is permissible, without regard to the pleaentered or to the sentence imposed. A judgment of a conviction of the defendantor a plea of guilty by the defendant to such an offense certified to a superiorcourt of this State from the custodian of records of any state or federal courtshall be prima facie evidence of the facts so certified.

(c)        The indictmentcharging the defendant under the terms of this section shall be separate fromany indictment charging him with other offenses related to or giving rise to acharge under this section. An indictment which charges the person withviolation of this section must set forth the date that the prior offense wascommitted, the type of offense and the penalty therefor, and the date that thedefendant was convicted or plead guilty to such offense, the identity of thecourt in which the conviction or plea of guilty took place and the verdict andjudgment rendered therein. (1971, c. 954, s. 1; 1973, c. 1196; 1975, c. 870, ss.1, 2; 1977, c. 1105, ss. 1, 2; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s.47; 1981, c. 63, s. 1; c. 179, s. 14; 1989, c. 770, s. 3; 1993, c. 539, s.1245; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 487, s. 3; c. 507, s. 19.5(k);2004‑186, s. 14.1; 2006‑259, s. 7(b).)