Is “Justification” a Defense to Possession of a Firearm by a Person with a Felony Conviction?

North Carolina law prohibits a person who has been convicted of a felony from possessing a firearm. The prohibition, set forth in G.S. 14-415.1, contains narrow exceptions, such as for antique firearms. The question has arisen in several cases whether a person with a prior felony conviction may possess a firearm if necessary to defend himself or others—in other words, whether the person may rely on a justification defense. So far, the North Carolina appellate courts have withheld final judgment on the question. Several North Carolina decisions acknowledge that other courts have recognized that a person with a prior felony conviction may assert a justification defense to a charge of illegally possessing a firearm. These decisions set forth the requirements for the defense and measure the defendant’s conduct against them. They do not recognize the defense explicitly, however, stating that assuming the defense exists, the defendant did not satisfy the requirements. See, e.g., State v. Edwards, ___ N.C. App. ___, 768 S.E.2d 619 (2015); State v. Monroe, 233 N.C. App. 563, 571 (2014) (Stroud, J., dissenting) (arguing for explicit recognition of defense and noting that several North Carolina decisions have relied on the test for the defense, “although only assuming arguendo that it would apply because the facts in those cases did not satisfy the test”), aff’d per curiam, 367 N.C. 771 (2015). In anticipation that the North Carolina courts would allow the defense in appropriate circumstances, this post provides a brief summary of the defense and potential issues. The defense [...]