North Carolina General Statutes 14-415.3. Possession of a firearm or weapon of mass destruction by persons acquitted of certain crimes by reason of insanity or persons determined to be incapable to proceed prohibited
(a) It is unlawful for the following persons 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 defined by N.C. Gen. Stat. § 14-288.8(c):
(1) A person who has been acquitted by reason of insanity of any crime set out in N.C. Gen. Stat. § 14-415.1(b) or any violation of N.C. Gen. Stat. § 14-33(b)(1), 14-33(b)(8), or 14-34.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | between 4 and 25 months |
Terms Used In North Carolina General Statutes 14-415.3
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) A person who has been determined to lack capacity to proceed as provided in N.C. Gen. Stat. § 15A-1002 for any crime set out in N.C. Gen. Stat. § 14-415.1(b) or any violation of N.C. Gen. Stat. § 14-33(b)(1), 14-33(b)(8), or 14-34.
(b) A violation of this section is a Class H felony. Any firearm or weapon of mass death and destruction lawfully seized for a violation of this section shall be forfeited to the State and disposed of as provided in N.C. Gen. Stat. § 15-11.1
(c) The provisions of this section shall not apply to a person whose rights have been restored pursuant to N.C. Gen. Stat. § 14-409.42 (1994, Ex. Sess., c. 13, s. 1; 2013-369, s. 10; 2015-195, s. 11(k).)