Firearm Hold Lawyer in Greensboro, NC
The hold is a presumption, not a final answer. A judge can still release you if your lawyer shows you will come to court and are not a risk to the community. Jason Aycoth asks Guilford County judges to hear these releases. Call (336) 379-0539 now if someone you love is being held on a gun charge.
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A firearm hold means a magistrate cannot set your bond on a gun charge. Under G.S. 15A-533(f) and (g), only a District or Superior Court judge can release you.
- What Is a Firearm Hold in North Carolina?
- Who Can Lift a Firearm Hold?
- How We Fight a Firearm Hold
- Worked Examples
- Other Holds in the Same Statute
- A Firearm Hold Is Not a Protective Order Surrender
- The Charges Behind Most Firearm Holds
- Where Your Family Member Is Being Held
- What a Firearm Hold Lawyer Costs
- How to Choose a Lawyer for a Firearm Hold
- Your attorney
- What clients say
- Where we practice
- Questions people ask
What Is a Firearm Hold in North Carolina?
“Firearm hold” is the courthouse name for a rebuttable presumption in G.S. 15A-533(f). The presumption is that no condition of release will reasonably assure you come to court and keep the community safe.
It applies when the magistrate finds reasonable cause to believe you committed a felony or Class A1 misdemeanor involving the illegal use, possession or discharge of a firearm, and also finds one of these:
| Trigger | What It Means |
|---|---|
| On pretrial release | The new gun charge happened while you were out on bond for another felony or Class A1 misdemeanor involving the illegal use, possession or discharge of a firearm. G.S. 15A-533(f)(1) |
| Recent prior conviction | You were convicted of a felony or Class A1 misdemeanor involving a firearm, and not more than five years have passed since the conviction or your release for it, whichever is later. G.S. 15A-533(f)(2) |
Probation alone is not one of the triggers in subsection (f). The two triggers are pretrial release and a prior firearm conviction within five years.
Who Can Lift a Firearm Hold?
Only a judge. G.S. 15A-533(g) says a person considered for bond under subsection (f) may only be released by a District or Superior Court judge.
The judge must find a reasonable assurance that you will appear and that release does not pose an unreasonable risk of harm to the community.
This is where your lawyer matters most. The presumption is rebuttable, but nobody rebuts it for you. Someone has to put the facts in front of the judge.
How We Fight a Firearm Hold
- Challenge the trigger. We check the dates. Five years is counted from the conviction or the release, whichever is later. A prior that falls outside the window does not trigger the hold.
- Challenge the prior. The prior must be a felony or Class A1 misdemeanor involving the illegal use, possession or discharge of a firearm. Not every prior weapons-related conviction fits.
- Challenge the new charge. The magistrate needs reasonable cause on the new firearm offense. A gun found in a shared car or a house with several adults raises a real possession question.
- Rebut the presumption. We present the factors G.S. 15A-534(c) tells judges to weigh: family ties, employment, housing, length of residence in the community, and your history of coming to court.
- Propose conditions. G.S. 15A-534(a) allows secured bonds, custody release and house arrest with electronic monitoring, plus limits on travel, contacts and conduct. We put a workable plan in front of the judge.
Why call today: Every day in custody costs a job, a lease or time with children. The release argument is strongest when it is made early with documents in hand: pay stubs, a lease, a letter from an employer.
Worked Examples
Example 1: hold applies. Marcus is out on bond for a pending possession of a firearm by a felon charge. He is arrested for carrying a concealed gun after a prior conviction. The new charge is a felony involving a firearm, and he was on pretrial release for a firearm felony. Subsection (f)(1) applies. Only a judge can release him.
Example 2: hold applies. Dana was convicted of a firearm felony and released from prison three years ago. She is charged with a new firearm felony. Fewer than five years have passed since her release. Subsection (f)(2) applies.
Example 3: hold does not apply under (f). Chris was convicted of a firearm felony and released eight years ago. He is not on pretrial release for anything. His new firearm charge does not trigger subsection (f), because the five-year window has closed. Unless another rule applies, conditions are set under G.S. 15A-534, which still allows a secured bond or house arrest with electronic monitoring. Whether another rule applies is the first thing we check.
Other Holds in the Same Statute
| Hold | When It Applies | Who Decides | Statute |
|---|---|---|---|
| Listed serious offenses | Charges including robbery with a dangerous weapon, discharging a firearm into occupied property, first or second degree murder, kidnapping and others | A judge, with a rebuttable presumption against release | G.S. 15A-533(b) |
| Drug trafficking | New trafficking charge while on pretrial release, with a qualifying prior within five years | Only a District or Superior Court judge | G.S. 15A-533(d), (g) |
| New offense while on release | Any new offense while on pretrial release for another pending case | A judge, within 48 hours of arrest; after that, a magistrate sets conditions | G.S. 15A-533(h) |
| Firearm hold | Firearm felony or A1 misdemeanor with a qualifying trigger | Only a District or Superior Court judge | G.S. 15A-533(f), (g) |
Domestic violence charges have their own holding period. See our page on domestic violence holds.
A Firearm Hold Is Not a Protective Order Surrender
If a judge enters a domestic violence protective order under Chapter 50B, the court can order you to surrender firearms to the sheriff under G.S. 50B-3.1.
| Firearm Hold | Protective Order Surrender | |
|---|---|---|
| What Is Held | You, in custody | Your guns, ammunition and permits |
| Statute | G.S. 15A-533(f) | G.S. 50B-3.1 |
| Deadline | Release decided by a judge | Surrender on service, or within 24 hours if not possible at service |
| Getting It Back | Release order from a judge | Motion for return, filed no later than 90 days after the order expires or the related criminal charge is resolved |
| Possessing a Gun While It Applies | Depends on release conditions | Class H felony under G.S. 14-269.8 |
If no motion is filed within that 90-day window, the sheriff can ask the court for an order to dispose of the guns, under G.S. 50B-3.1(h). For the protective order itself, see our 50B page.
The Charges Behind Most Firearm Holds
The hold is about release. The charge still has to be defended. These pages cover the charges we see most:
- Possession of a firearm by a felon (Class G felony, G.S. 14-415.1)
- Carrying a concealed gun
- Possession of a stolen firearm
- Discharging a firearm into occupied property
- Armed robbery
For bond questions on other charges, see our bond motions page.
Where Your Family Member Is Being Held
| Facility | Address | Phone |
|---|---|---|
| Greensboro Detention Center | 201 South Edgeworth St, Greensboro, NC 27401 | (336) 641-2700 |
| High Point Detention Center | 507 East Green Drive, High Point, NC 27260 | (336) 641-7900 |
| Guilford County Courthouse | 201 South Eugene St, Greensboro, NC 27401 | Clerk (336) 412-7300 |
What a Firearm Hold Lawyer Costs
Release work is often quoted as part of the fee for the whole case. Sometimes a family hires us for the release hearing first. We explain both options and give you the fee in writing before you decide.
How to Choose a Lawyer for a Firearm Hold
North Carolina’s ethics rules do not allow a firm to call itself the best. Ask any lawyer:
- How quickly can you get the release in front of a judge?
- Will you check whether the five-year window actually applies?
- What documents should the family gather tonight?
- Will the same lawyer handle the charge after release?
Your attorney
Jason Aycoth
Criminal Defense, Felony Charges, State and Federal Court
Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Chad D. GarrettFounderJason AycothPartner
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Where we practice
Our office is at 317 South Greene St in Greensboro, the Guilford County seat.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask
What is a firearm hold in NC?
It is the rebuttable presumption in G.S. 15A-533(f) that no release conditions are enough when a person is charged with a firearm felony or Class A1 misdemeanor and is either on pretrial release for another firearm offense or has a firearm conviction within five years.
Can a magistrate set bond on a firearm hold?
No. G.S. 15A-533(g) allows release only by a District or Superior Court judge.
Can a firearm hold be removed?
Yes. The presumption is rebuttable. A judge can release you after finding a reasonable assurance you will appear and that release does not pose an unreasonable risk of harm.
Does being on probation trigger a firearm hold?
Not under subsection (f) by itself. The triggers are pretrial release on another firearm charge or a firearm conviction within five years of the conviction or release.
How is the five-year window counted?
From the date of conviction or the date of release for that offense, whichever is later. G.S. 15A-533(f)(2).
What does the judge consider?
The factors in G.S. 15A-534(c), including the charge, the weight of the evidence, family ties, employment, housing, length of residence and any history of missing court.
Is a firearm hold the same as a domestic violence hold?
No. Domestic violence charges have a separate holding rule. See our domestic holds page.
What can the family do right now?
Call a lawyer and gather proof of work, housing and family ties. Those documents are what a judge needs to see.
Is a gun surrender under a protective order the same thing?
No. That is G.S. 50B-3.1. It is about surrendering guns, not about your release from jail.
Talk to a lawyer today
Call Jason Aycoth today at (336) 379-0539 or request a consultation.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
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This page explains North Carolina law in general terms as of October 2026. It is not legal advice about your case, and laws and procedures change. Talk to a lawyer about the facts of your case.