§ 36-86. Possession of firearms by convicted felons.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Felony means a crime punishable by potential sentence of two years or more imprisonment by the courts of this state, or any crime defined as a felony in any other state or of the United States without regard to date of conviction, discharge from prison or termination of probation, parole or suspended sentence or type of crime.

Firearm means, by way of illustration, but not limitation, any gun, pistol, rifle, shotgun, machine gun, revolver, derringer or weapon of like kind in operable condition or which may be made to operate, whether loaded or unloaded including, but not limited to, any item defined in USC 821(J).

(b)

Prohibited acts. It shall be unlawful for any person who has previously been convicted of any felony to have in his possession while on the public streets, sidewalks, alleys, other public property and any facility open to the public in the city any firearm.

(c)

Penalty for violation of section. Any person found in violation of subsection (b) of this section shall be guilty of a misdemeanor and shall be punished as set forth in G.S. 14-4(a).

(d)

Firearms of felon declared contraband. Any firearm found in the possession of any person previously convicted of a felony is hereby declared to be contraband. Such firearm shall be retained by the chief of police until no longer needed as evidence, but no less than 180 days. After the firearm is no longer needed as evidence:

(1)

It shall be returned to the owner if determined to be previously stolen.

(2)

It may be disposed of according to the terms of an order entered by any court of lawful jurisdiction.

(3)

If neither subsection (d)(1) or (d)(2) of this section is applicable, the firearm shall be destroyed.

(4)

Under no circumstances, shall the firearm be returned to any person for the use of any convicted felon.

(Code 1971, § 19-38)