§ 13-1. Restoration of citizenship.

Any person convicted of a crime, whereby the rights of citizenship are forfeited, shall have such rights automatically restored upon the occurrence of any one of the following conditions:

  1. The unconditional discharge of an inmate, of a probationer, or of a parolee by the agency of the State having jurisdiction of that person or of a defendant under a suspended sentence by the court.
  2. The unconditional pardon of the offender.
  3. The satisfaction by the offender of all conditions of a conditional pardon.
  4. With regard to any person convicted of a crime against the United States, the unconditional discharge of such person by the agency of the United States having jurisdiction of such person, the unconditional pardon of such person or the satisfaction by such person of a conditional pardon.
  5. With regard to any person convicted of a crime in another state, the unconditional discharge of such person by the agency of that state having jurisdiction of such person, the unconditional pardon of such person or the satisfaction by such person of a conditional pardon.

History

(1971, c. 902; 1973, c. 251; c. 1262, s. 10; 1977, c. 813, s. 1; 1991, c. 274, s. 1; 2011-145, s. 19.1(h); 2012-83, s. 18; 2013-410, s. 2.)

Cross References. - As to loss of rights of citizenship for persons convicted of felonies, see N.C. Const., Art. II, § 24(1)(n) and Art. VI, § 8.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" four times in subdivision (1).

Session Laws 2012-83, s. 18, effective June 26, 2012, rewrote subdivision (1).

Session Laws 2013-410, s. 2, effective August 23, 2013, substituted "agency of the State having jurisdiction of that person" for "Division of Adult Correction of the Department of Public Safety" in subdivision (1).

Legal Periodicals. - For note on the constitutionality of denying voting rights to convicted criminals, see 50 N.C.L. Rev. 903 (1972).

For article, "Holding on to Fundamental Rights Is No Walk in the Park: Challenging the Constitutionality of the Park Ban Upheld in Stanley v. Town of Woodfin," see 87 N.C.L. Rev. 1979 (2009).

CASE NOTES

Legislative Intent. - The 1971 General Assembly, in rewriting this Chapter, intended to substantially relax the requirements necessary for a convicted felon to have his citizenship restored. These requirements were further relaxed by the 1973 amendments to this Chapter. State v. Currie, 284 N.C. 562, 202 S.E.2d 153 (1974).

Statute Revising This Chapter Given Retroactive Application. - Chapter 251, Session Laws of 1973, which revised this Chapter, must be given retroactive application in order to be constitutionally valid. State v. Currie, 19 N.C. App. 241, 198 S.E.2d 491 (1973), aff'd, 284 N.C. 562, 202 S.E.2d 153 (1974).

Though the 1973 revision of this section was enacted after a defendant was indicted for felonious possession of a firearm, it was applicable. State v. Williams, 20 N.C. App. 639, 202 S.E.2d 284 (1974).

Loss of citizenship does not form a part of the judgment of the court, but follows as a consequence of such judgment. State v. Jones, 82 N.C. 685 (1880).

Restoration of rights of citizenship under subdivision (4) does not meet the requirements of 18 U.S.C. § 1203(2), which exempts certain felons from the federal prohibition against possession of firearms, unless it expressly authorizes the possession of firearms. United States v. Hardin, 696 F.2d 1078 (4th Cir. 1982).

Proof of Violation of 18 U.S.C. § 922(g)(1). - In North Carolina, to support a conviction for possession of a firearm by an ex-felon in violation of 18 U.S.C. § 922(g)(1), the government must prove, at a minimum, that the defendant possessed a firearm within five years of release from supervision resulting from the prior North Carolina felony. Otherwise, he would as a matter of law stand in the same shoes as any other person who had not been previously convicted of a felony. United States v. Essick, 935 F.2d 28 (4th Cir. 1991).

Because defendant's State felony conviction occurred within five years of a firearm offense, under North Carolina Felony Firearms Act (G.S. 14-415) the defendant's civil rights could not have been fully restored, and the government proved a firearm possession violation despite the fact that it did not independently establish that defendant's civil rights had not been restored at the time of his firearm possession. United States v. Thomas, 52 F.3d 82 (4th Cir.), cert. denied, 516 U.S. 885, 116 S. Ct. 226, 133 L. Ed. 2d 155 (1995).

Repeal of Exemption from Firearms Act. - When the Firearms Act became law in 1971, felons were not automatically restored to full citizenship immediately on their release from prison; however, those felons whose citizenship rights had been restored were exempt from the Act. Then in 1973, North Carolina amended the General Statutes to restore felons to full citizenship immediately upon their unconditional discharge under this Chapter. When it became apparent that this would make virtually all felons exempt from the Firearms Act the General Assembly repealed the exemption (former G.S. 14-415.2) for felons whose citizenship rights had been restored. United States v. McLean, 904 F.2d 216 (4th Cir. 1990), cert. denied, 498 U.S. 875, 111 S. Ct. 203, 112 L. Ed. 2d 164 (1990).

Service As a Juror - On appeal from defendant's convictions on charges of first-degree murder and robbery with a firearm, the State Supreme Court refused to consider defendant's argument that the trial court erred by dismissing a juror for cause after the juror informed the court that the juror was convicted in Texas of committing several felonies in the 1970s, because defendant did not raise the argument that the juror's citizenship rights were restored by G.S. 13-1(5), when the trial court dismissed the juror for cause. State v. Haselden, 357 N.C. 1, 577 S.E.2d 594 (2003).

Cited in Young v. Southern Mica Co., 237 N.C. 644, 75 S.E.2d 795 (1953); United States v. McLean, 904 F.2d 216 (4th Cir. 1990); United States v. King, 119 F.3d 290 (4th Cir. 1997).

Opinions of Attorney General

An ex-felon found in possession of a firearm could be prosecuted under the Felony Firearms Act, even though he may have lawfully possessed it prior to the December 1, 1995, amendment since his restoration of rights under this chapter, when read in conjunction with G.S. 14-415.1, expressly prohibits the possession of firearms regardless of the date of felony conviction; the General Assembly clearly intended G.S. 14-415.1's application to be retroactive. See opinion of Attorney General to Michael P. Martin, Assistant Chief Counsel, Department of the Treasury Bureau of Alcohol, Tobacco, and Firearms, 1997 N.C.A.G. 52 (8/21/97).

§ 13-2. Issuance and filing of certificate or order of restoration.

  1. The agency, department, or court having jurisdiction over the inmate, probationer, parolee or defendant at the time his rights of citizenship are restored under the provisions of G.S. 13-1(1) shall immediately issue a certificate or order in duplicate evidencing the offender's unconditional discharge and specifying the restoration of his rights of citizenship.
  2. In the case of a person convicted of a crime against another state or the United States, whose rights to citizenship have been restored according to G.S. 13-1, the following provisions shall apply:
    1. It shall be the duty of the clerk of the court in the county where such person resides, upon a showing by such person or his representative that the conditions of G.S. 13-1 have been met, to issue the certificate evidencing the offender's unconditional discharge and specifying the restoration of his rights of citizenship. For purposes of this subsection, the fulfillment of the conditions of G.S. 13-1 shall be considered met upon the presentation to the clerk of any paper writing from the agency of any other state or of the United States which had jurisdiction over such person, which shows that the conditions of G.S. 13-1 have been met.
    2. The certificate described in subdivision (b)(1) shall be filed by the clerk of the General Court of Justice in the county in which such person resides.

The original of such certificate or order shall be promptly transmitted to the clerk of the General Court of Justice in the county where the official record of the case from which the conviction arose is filed. The clerk shall then file the certificate or order without charge with the official record of the case.

The provisions of this subsection apply equally to conditional and unconditional pardons by the governor of any other state or by the President of the United States, as well as unconditional discharges by the agency of another state or of the United States having jurisdiction over said person.

History

(1971, c. 902; 1973, c. 251; 1977, c. 813, s. 2; 1991, c. 274, s. 2.)

Legal Periodicals. - For note on the constitutionality of denying voting rights to convicted criminals, see 50 N.C.L. Rev. 903 (1972).

CASE NOTES

Cited in State v. Currie, 19 N.C. App. 241, 198 S.E.2d 491 (1973); United States v. McLean, 904 F.2d 216 (4th Cir. 1990); United States v. Essick, 935 F.2d 28 (4th Cir. 1991).


§ 13-3. Issuance, service and filing of warrant of unconditional pardon.

In the event the rights of citizenship are restored by an unconditional pardon as specified in G.S. 13-1(2), the Governor, under the provisions of G.S. 147-23, shall issue his warrant therefor specifying the restoration of rights of citizenship to the offender; and the officer to whom the Governor issues his warrant to effect the release of the offender shall deliver a copy of the warrant to the offender under the provisions of G.S. 147-25. The original warrant bearing the officer's return as specified in G.S. 147-25 shall be filed by the clerk of the General Court of Justice without charge in the county where the official record of the case from which the conviction arose is filed.

History

(1971, c. 902; 1973, c. 251.)

Legal Periodicals. - For note on the constitutionality of denying voting rights to convicted criminals, see 50 N.C.L. Rev. 903 (1972).

CASE NOTES

Cited in State v. Currie, 19 N.C. App. 241, 198 S.E.2d 491 (1973); State v. Currie, 284 N.C. 562, 202 S.E.2d 153 (1974).


§ 13-4. Endorsement of warrant, service and filing of conditional pardon.

When the offender has satisfied all of the conditions of a conditional pardon, and his rights of citizenship have been restored under the provisions of G.S. 13-1(3), the Governor shall issue an endorsement to the original warrant which specified the conditions of the pardon. Such endorsement shall acknowledge that the offender has satisfied all of the conditions of the pardon.

The Governor shall then deliver the endorsement to the officer specified in G.S. 147-25 for service and delivery to the clerk. Service and delivery to the clerk and filing by the clerk shall be done in accordance with the provisions of G.S. 13-3 so that the endorsement reflecting satisfaction of all conditions of the pardon will be served and recorded as if it were a warrant of unconditional pardon.

History

(1973, c. 251.)

§§ 13-5 through 13-10: Repealed by Session Laws 1971, c. 902.