Type of Case: Possession of a Firearm by a Felon
Case Result: Dismissed
County: Guilford County
Complex Situation
Sometimes doing the right thing has negative personal consequences. For our client, this was the case. He had raised a young man as a surrogate son. This young man made some unfortunate decisions which led him to be incarcerated in Virginia. During his incarceration, the young man developed serious medical issues which caused the state of Virginia to discharge him from his imprisonment.
Our client took the young man in and provided him with a place to stay while he healed from his serious medical issues. Unfortunately, the gift of safety and the place to stay was lost on the young man. He began to engage in unlawful activity including dealing in narcotics.
Charged with Possession of a Firearm by a Felon and PWISD
A professionally conducted investigation by the Greensboro Police Department eventually led to the arrest of the young man and the subsequent search of our client’s home where he was staying. Our client consented to the search of his home as he felt that he had nothing to hide; however, the young man’s concealment of the narcotics sales also included the concealment of firearms. As a result of evidence obtained during the search, our client was charged with possession of a firearm by a felon.
Our client had been convicted of previous felonies involving marijuana and cocaine but had never been accused or convicted of any violent act. Further, it had been 28 years since he had been convicted of felonious activity. Were it not for the pending charge our client would have been eligible for an expungement of all his charges and a full restoration of his right to possess a firearm lawfully.
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Defense Attorney to the Rescue
Attorney Preston Edwards felt the specter of rank injustice in a world where someone the state legislature has deemed worthy of having all their charges expunged off their record would be in the crosshairs of remaining a felon for the remainder of their life especially since he was merely trying to be a good person. He began to delve into the law surrounding felony possession of firearms and discovered the case of Britt v. State.
This case was very similar to our client’s. At the time of his charges Mr. Britt, the defendant in Britt v. State, had been a law-abiding citizen for over 20 years and had never committed an act of violence. The Supreme Court of North Carolina provided five key factors to determine whether the felon in possession of a firearm statute, N.C. Gen. Stat. § 14-415.1 was a reasonable regulation as applied to our client.
Resolution
After a three-day hearing for a motion to dismiss based on this case, a Superior Court judge granted the motion and dismissed our client’s case. As a result of this dismissal, he will be able to file an expungement and restore the entirety of his rights, including his right to possess a firearm, vote, and many others. There could not have been a better outcome in this case. We here at McMinn, Fradin, Gray & Logan will fight injustice in whatever form presents itself.
Contributing Author: Preston Edwards, Criminal Defense Attorney
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