Possession of Stolen Firearm Lawyer
Being arrested for Possession of a Stolen Firearm in North Carolina is nothing to play around with. It’s a Class H Felony, and our Criminal Defense Attorneys in Greensboro see this charge on a frequent basis. If you happen to buy a gun from someone you know and no paperwork is signed, chances are, it’s probably stolen. Let’s work our way through Possession of Stolen Firearm charges together and then we’ll make a plan to help you out.
- Is Possession of a Stolen Firearm a Felony in NC?
- How much time do you get for Possession of a Stolen Firearm in NC?
- What are the Elements of Possession of Stolen Firearm in NC?
- What is considered a Firearm for Stolen Firearm Charge?
- What is the PC for Possession of a Stolen Gun?
- What if I purchased the Gun and thought it Wasn’t Stolen?
- How many times can they charge me with possession of stolen
- Garrett, Walker, Aycoth & Olson, Attorneys at Law -Stolen Goods Lawyers in Greensboro, NC you can count on!
- GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
- Greensboro Stolen Goods Lawyer Google Review
Is Possession of a Stolen Firearm a Felony in NC?
The quick answer is, Yes. Being caught in Possession of a Stolen Firearm is a Felony in North Carolina. It’s a Class H felony and can result in prison time. This is why recommend speaking with our Top Rated Stolen Firearm Lawyers to help you with your case today.
How much time do you get for Possession of Stolen Firearm in NC?
With a Stolen Firearm charge in North Carolina being a Class H felony, the maximum sentence you can receive is 39 months in prison. Though that is if you’re a record level 6 in North Carolina, meaning you’d have to have the highest record level possible to receive this sentence. A first offender with this charge can go to prison, though, but their maximum sentence is 19 months. A first offender would also be eligible for probation if convicted of felony possession of a stolen firearm.
This is why it’s vital to speak with our stolen firearm attorneys in Greensboro NC today. We have managed time and time again to have a stolen firearm charge reduced to a misdemeanor possession of stolen goods charge and even have managed to get these charges dismissed for some of our clients.
The Felony Sentencing Chart below lays out the possible minimum sentences for possession of a stolen gun charge in Greensboro NC. If you look at the class of the felony which is the row labeled “H” on the left bottom of the chart and you read across that will show you the minimum sentence you’ll be facing if convicted of Possessing a Stolen Firearm. If the top of the box is labeled C, I, A – this means you can get anything from probation to active time. If the box only has an A that means you can only receive active time if convicted.
What are the elements of Possession of Stolen Firearm in NC?
- A person is guilty of being in a possession of a stolen firearm in North Carolina when they:
- A Firearm
- Stolen or Taken Feloniously
- Knowing or having reasonable grounds to Believe, that the Property was Feloniously Stolen or Taken, and
- With a Dishonest Purpose
These elements are found in NCGS 14-72.
What is considered a Firearm for a Stolen Firearm charge?
The term firearm includes any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it.
Important to note, a firearm that is not capable of being fired, shall still count for purposes of a stolen firearm charge, if it can be made to work again. This means a jammed or broken gun, can still result in a stolen gun charge if that gun can be unjammed or made to work again.
Air Pistols and Air Rifles are not included in this statute for Possessing a Stolen Gun.
What is the PC for possession of a stolen firearm?
PC is another term for Probable Cause and the PC to arrest for Possession of a Stolen Firearm is that they confirmed the gun is showing stolen in a law enforcement database.
Probable Cause to Arrest is when the fact or circumstances are such that a reasonable person would believe that you have committed or are committing the crime of possessing a stolen firearm.
It doesn’t matter to the police, typically, if you tell them your purchased it and thought it was legal. Law enforcement is only focused on if the gun was stolen. Even if you call and get the person to admit they sold it you, sometimes in Guilford County they will still charge you and let the court system work through what happened.
What if I purchased the gun and thought it wasn’t stolen?
This is the classic situation in a Possession of a Stolen Firearm in Greensboro, NC. Gun is purchased from someone you know and you didn’t think it was stolen. But that’s when we focus on the facts and circumstances surrounding the purchase of the gun.
- What was the price? Was the gun near the value of what that gun would cost in a store?
- How was it purchased? Did you meet someone at night? Do you have their contact info.
- Where was it purchased? Was it in a known drug or gun area?
- Did the gun have a serial number? Or was it rubbed off?
- Anything else about the purchase give an indication that the gun was stolen? Wouldn’t give you a receipt, etc.
The courts will look at the circumstances and then infer whether you had reason to believe it was stolen and whether you had a dishonest purpose. You don’t have to say you thought the gun was stolen or that you had a dishonest purpose, they can infer this from the facts surrounding your arrest.
GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
317 S. GREENE ST, GREENSBORO, NC 27401
This is why you should contact our – Guilford County & Randolph County – Greensboro, High Point & Asheboro Lawyers to help with your Possession of Stolen Goods charges in Greensboro, NC.
Greensboro Stolen Goods Lawyer Google Reviews:
“I contacted Mr Aycoth in regard to a case I was being tried for. I was looking at a serious felony and I honestly didn’t need that at this time in my life. The DA wasn’t budging on dropping the felony to a misdemeanor. But with the help and advice of Mr Aycoth, my felony was dropped to a misdemeanor!! This news was the highlight of my life! Thanks again Mr Aycoth!! I would DEFINITELY recommend!!” September 3, 2023
5 / 5 Stars