North Carolina
North Carolina Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In North Carolina, a Domestic Violence Protective Order (DVPO, also called a "50B order") is available to anyone in a qualifying personal relationship with an abuser. Courts issue an emergency ex parte DVPO the same day, and a final order lasts up to one year and is renewable.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in North Carolina
North Carolina operates two separate civil protective order tracks. The first is the 50B Domestic Violence Protective Order (DVPO), governed by G.S. Chapter 50B. A 50B order is available when someone has experienced domestic violence at the hands of a person with whom they have a qualifying personal relationship. The court can prohibit contact, exclude the defendant from a shared residence, award temporary custody of children, address use of a vehicle, and order the defendant to surrender firearms.
The second track is the 50C Civil No-Contact Order, governed by G.S. Chapter 50C. A 50C order is designed specifically for victims of stalking or nonconsensual sexual conduct by someone who does not fall into a 50B qualifying relationship. A neighbor, coworker, or stranger who stalks or sexually assaults you would be covered under 50C, not 50B. The remedies under 50C are narrower than under 50B but still prohibit contact and proximity.
These two tracks complement each other so that virtually every victim of harassment, stalking, or abuse has a civil remedy available regardless of whether they know the person.
Who can get a restraining order in North Carolina?
For a 50B DVPO, you must be in a qualifying personal relationship with the person who harmed you. North Carolina law (G.S. §50B-1) defines qualifying relationships as:
- Current or former spouses
- Persons of the opposite sex who live together or formerly lived together
- Parents and minor children; step-parents and step-children who live together or formerly lived together
- Persons who have a child in common
- Current or former household members
- Persons who are currently or were previously in a dating relationship
Note on same-sex partners: G.S. 50B-1(b) uses the phrase "persons of the opposite sex" for both the cohabitation category, (b)(2), and the dating-relationship category, (b)(6). The North Carolina Court of Appeals held that restriction unconstitutional as applied to same-sex partners in a dating relationship in M.E. v. T.J., decided December 31, 2020, and the North Carolina Supreme Court affirmed on March 11, 2022, expressly leaving the Court of Appeals' constitutional ruling undisturbed. That decision addressed only the dating-relationship category, (b)(6); no published appellate decision has struck the same "opposite sex" language from the cohabitation category, (b)(2). Same-sex partners in a dating relationship are entitled to seek a 50B DVPO under the same terms as opposite-sex partners. Same-sex partners who cohabit but were never in a dating relationship and do not share a child should not assume that category is settled the same way; they may still qualify under another 50B category, such as household member, or under the 50C Civil No-Contact Order, which has no relationship requirement. If you have any question about eligibility, ask the clerk of court or a domestic violence advocate.
For a 50C Civil No-Contact Order, there is no relationship requirement. Any person who is the victim of stalking or nonconsensual sexual conduct committed by someone who does not qualify under the 50B list may petition for a 50C order. The 50C track was created precisely because the 50B track did not reach abusers who were strangers or acquaintances without a domestic tie.
If you are uncertain which track applies to your situation, the clerk of court's office at your local District Court can provide self-help information, and a domestic violence advocate can help you choose the right form.
How to file for a restraining order in North Carolina
Both types of orders are filed in District Court. For a 50B DVPO, you file a civil action (or a motion in a pending Chapter 50 family court case). For a 50C Civil No-Contact Order, you also file in District Court. You can file in the county where you live, where the defendant lives, or where the domestic violence or stalking occurred.
There is no filing fee for either a 50B or 50C petition. The federal Violence Against Women Act bars states from charging filing or service fees for domestic violence protective orders, and North Carolina's 50B statute (G.S. §50B-2(a)) mirrors that protection. North Carolina courts also do not charge a fee for the 50C petition.
To get started, you complete a petition (AOC form CV-302 for 50B or CV-522 for 50C) describing what happened and why you are in danger. You can obtain these forms at the clerk's office or through the North Carolina Courts self-help portal. The clerk will present your petition to a judge the same day. You do not need a lawyer to file, but domestic violence advocates and court self-help centers can help you complete the forms, understand your options, and accompany you to the hearing. Local domestic violence organizations are listed at nccadv.org.
After you file, if the judge finds sufficient grounds, an emergency ex parte DVPO or temporary 50C order is issued right away, and a deputy will serve the defendant. The two tracks schedule the follow-up hearing differently. For a 50B DVPO, G.S. §50B-2(c)(5) sets the hearing within 10 days from the date the ex parte order was issued, or within seven days from the date of service on the defendant, whichever occurs later. For a 50C order, the temporary order expires within 10 days, and the hearing on a motion for a permanent civil no-contact order is set within 10 days from the date of that motion under G.S. §50C-8(a)(1).
Temporary vs. final orders: how long they last
North Carolina courts use a two-step process. First, the judge issues an emergency ex parte order without notifying the defendant. Second, after the defendant is served, a contested hearing gives both parties the chance to present evidence before a final order is entered. The defendant can contest the order there, so let a North Carolina family lawyer help you prepare your evidence for that hearing, starting with a free case evaluation (attorney advertising).
| Order Type | Duration |
|---|---|
| Emergency ex parte DVPO (50B) | Effective immediately; full hearing within 10 days of issuance or 7 days of service, whichever is later |
| Emergency 50C temporary order | Effective immediately; expires within 10 days; hearing on a permanent order within 10 days of the motion |
| Final 50B DVPO | Up to 1 year; renewable for up to 2 years at a time |
| Final 50C Civil No-Contact Order | Up to 1 year; renewable for 1 year at a time |
One point that trips up many people: North Carolina law calls the one-year 50B order a "permanent" DVPO, but that label simply means it is the final order entered after a hearing, not that it lasts forever. The order does expire at the end of its stated term unless you return to court to renew it. You can file a motion to renew before the expiration date; the court may extend it for up to two years at a time.
Firearms and a North Carolina protective order
Firearms are treated seriously under North Carolina law. When a court issues an emergency or ex parte 50B order, G.S. §50B-3.1(a) requires the judge to order the defendant to surrender all firearms, ammunition, and any permits to purchase or carry a concealed handgun if the court finds any of the following: the defendant used or threatened to use a deadly weapon during the domestic violence incident; the defendant has a prior pattern of behavior involving violence with a firearm; or certain other statutory factors are present.
If a surrender order is entered, the defendant must turn over all firearms and ammunition to the county sheriff within 24 hours of being served. The defendant must provide the court with a written receipt from the sheriff confirming the surrender. At the 10-day hearing, G.S. §50B-3.1(c) requires the court to ask the defendant again about firearms, ammunition, and permits, and a surrender order stays in force for as long as the protective order or any successive protective order remains in effect.
Beyond the state requirement, any qualifying final 50B DVPO also triggers the federal firearm prohibition under 18 U.S.C. §922(g)(8). Under federal law, a person subject to a qualifying final protective order (one entered after a hearing with notice to the respondent, that restrains the respondent from harassing, stalking, or threatening an intimate partner or child, and that either includes a judicial finding that the respondent represents a credible threat to that person's physical safety or explicitly prohibits the use, attempted use, or threatened use of physical force against them) may not possess any firearm or ammunition. Violating this federal prohibition is a separate federal felony.
If you believe the defendant has not surrendered firearms after receiving a court order to do so, notify law enforcement and tell the court at your next hearing.
What happens if someone violates the order?
A violation of a 50B DVPO is a criminal offense under G.S. §50B-4.1. The penalty structure is:
- First or second violation: Class A1 misdemeanor, the most serious misdemeanor class in North Carolina, carrying up to 150 days of active incarceration.
- Felony escalation: A violation becomes a Class H felony (a maximum term of up to 39 months in prison under the G.S. 15A-1340.17 structured sentencing tables) under any of three conditions set out in G.S. 50B-4.1: (1) the defendant possessed a deadly weapon on or about their person or within close proximity during the violation; (2) the defendant had two prior convictions under Chapter 50B; or (3) the defendant entered property operated as a domestic violence safe house or haven where a protected person was residing (this applies even if the protected person is not present at the time). Note: if a defendant commits a separate felony while the 50B order is in effect, the sentence for that underlying felony is elevated one class under G.S. 50B-4.1(d).
Police can arrest the defendant without a warrant on probable cause that a 50B order was violated. You do not need to get a warrant first.
For 50C Civil No-Contact Orders, the penalty is different. G.S. §50C-10 provides that a knowing violation of a 50C order is punishable by civil or criminal contempt of court under Chapter 5A of the General Statutes. Chapter 50C does not grade a violation as a Class A1 misdemeanor, and it contains no warrantless-arrest provision of its own.
If the defendant contacts you, shows up at your home or workplace, or does anything else the order prohibits, call 911 immediately and report the violation to law enforcement. Keep a record of every violation (time, date, what happened, any witnesses), and report all violations to the court. A documented pattern of violations strengthens any request for a felony charge or a longer renewal order.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For an overview of how protective orders work across all 50 states, see the Restraining Order Laws by State hub.
North Carolina recording law is also relevant if you are documenting harassment or threats. See North Carolina Recording Law for rules on recording conversations in North Carolina.
More North Carolina Laws
- North Carolina Child Custody Laws
- North Carolina Divorce Laws
- North Carolina GPS Tracking Laws
- North Carolina Self-Defense Laws
Frequently Asked Questions
How do I get a restraining order in North Carolina?
File a petition for a 50B Domestic Violence Protective Order at your local District Court if you are in a qualifying relationship with the abuser, or a 50C Civil No-Contact Order petition if the abuser is a stranger, neighbor, coworker, or other person outside that relationship. There is no filing fee. Bring a description of what happened and why you are in danger. A judge can issue an emergency ex parte order the same day.
How long does a restraining order last in North Carolina?
A final 50B DVPO lasts up to one year and can be renewed for up to two years at a time on a motion filed before it expires. A 50C Civil No-Contact Order also lasts up to one year and is renewable annually. The emergency ex parte order lasts only until the full hearing, which under G.S. 50B-2(c)(5) is held within 10 days from the date the order was issued or within seven days from the date the defendant is served, whichever occurs later.
How much does a restraining order cost in North Carolina?
Filing for a 50B DVPO or a 50C Civil No-Contact Order is free. Under the federal Violence Against Women Act, courts cannot charge filing or service fees for domestic violence protective orders. North Carolina law also waives fees for 50C petitions.
Can I get a restraining order without a police report?
Yes. You do not need to have filed a police report to petition for a 50B DVPO or a 50C Civil No-Contact Order. The civil petition process is independent of any criminal case. That said, a police report or other documentation of incidents can strengthen your petition.
Does a restraining order take away gun rights in North Carolina?
Yes, in two ways. First, if the court finds specific risk factors when issuing a 50B DVPO, it must order the defendant to surrender all firearms and ammunition to the sheriff within 24 hours. Second, any qualifying final protective order triggers the federal ban under 18 U.S.C. 922(g)(8), which prohibits the defendant from possessing any firearm or ammunition under penalty of federal felony prosecution.
What happens if the abuser violates the order?
Violating a 50B DVPO is a Class A1 misdemeanor (up to 150 days jail). Under G.S. 50B-4.1, it becomes a Class H felony if the defendant possessed a deadly weapon during the violation, had two prior Chapter 50B convictions, or entered a domestic violence safe house or haven where a protected person resides. Police can arrest without a warrant on probable cause. Call 911 immediately and document every violation for the court.
What is the difference between a 50B order and a 50C order in North Carolina?
A 50B Domestic Violence Protective Order covers people in a qualifying personal relationship (spouse, co-parent, dating partner, household member). A 50C Civil No-Contact Order covers victims of stalking or nonconsensual sexual conduct by someone who does not fall into that relationship category. Both are free to file; enforcement differs slightly (warrantless criminal arrest for 50B; contempt of court for 50C).
Updates
Corrected the deadline for the full protective-order hearing (10 days from issuance or seven days from service, whichever is later, for a 50B DVPO; 10 days from the motion for a 50C order), corrected the penalty for violating a 50C civil no-contact order to contempt of court rather than a Class A1 misdemeanor, and corrected the maximum Class H felony sentence to 39 months.
Corrected the scope and date of M.E. v. T.J.: the ruling that struck North Carolina's opposite-sex restriction applies to the 50B dating-relationship category only (decided 2020, affirmed 2022), not to the separate cohabitation category, and same-sex cohabiting partners without a dating relationship or shared child were given an accurate path (another 50B category or the no-relationship-requirement 50C order).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of a federally 'qualifying' protective order under 18 U.S.C. 922(g)(8) to include the required credible-threat finding or explicit force-prohibition element, which the article had omitted.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Carolina General Statutes, Chapter 50B: Domestic Violence.
§ 50B-3ReliefIn force
(a) If the court, including magistrates as authorized under G.S. 50B-2(c1), finds that an act of domestic violence has occurred, the court shall grant a protective order restraining the defendant from further acts of domestic violence. A protective order may include any of the following types of relief: (1) Direct a party to refrain from such acts. (2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household. (3) Require a party to provide a spouse and his or her children suitable alternate housing. (4) Award temporary custody of minor children and establish temporary visitation rights pursuant to G.S. 50B-2 if the order is granted ex parte, and pursuant to subsection (a1) of this section if the order is granted after notice or service of process. (5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it. (6) Order either party to make payments for the support of a minor child as required by law. (7) Order either party to make payments for the support of a spouse as required by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 50B-3.1Surrender and disposal of firearms; violations; exemptionsIn force
(a) Required Surrender of Firearms. - Upon issuance of an emergency or ex parte order pursuant to this Chapter, the court shall order the defendant to surrender to the sheriff all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant if the court finds any of the following factors: (1) The use or threatened use of a deadly weapon by the defendant or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons. (2) Threats to seriously injure or kill the aggrieved party or minor child by the defendant. (3) Threats to commit suicide by the defendant. (4) Serious injuries inflicted upon the aggrieved party or minor child by the defendant. (b) Ex Parte or Emergency Hearing.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Stancill v. Stancill (Court of Appeals of North Carolina 2015, 241 N.C. App. 529)“…ant to surrender all firearms, ammunition, and gun permits. N.C. Gen.Stat. § 50B-3.1(a) discusses when a trial court may ord…”
- State v. Poole (Court of Appeals of North Carolina 2013, 228 N.C. App. 248)“…and that “[a] valid protective order is required under N.C.G.S. §§ 50B-3.1Q) and 14-269.8to convict a defendant of…”
- Jarrett v. Jarrett (Court of Appeals of North Carolina 2016, 249 N.C. App. 269)“…rrying permit suspended for the duration of the DVPO. Under N.C. Gen. Stat. § 50B-3.1, the trial court shall order the defe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 50B-4.1Violation of valid protective orderIn force
(a) Except as otherwise provided by law, a person who knowingly violates a valid protective order entered pursuant to this Chapter or who knowingly violates a valid protective order entered by the courts of another state or the courts of an Indian tribe shall be guilty of a Class A1 misdemeanor. (b) A law enforcement officer shall arrest and take a person into custody, with or without a warrant or other process, if the officer has probable cause to believe that the person knowingly has violated a valid protective order excluding the person from the residence or household occupied by a victim of domestic violence or directing the person to refrain from doing any or all of the acts specified in G.S. 50B-3(a)(9). (c) When a law enforcement officer makes an arrest under this section without a warrant, and the party arrested contests that the out-of-state order or the order issued by an Indian court remains in full force and effect, the party arrested shall be promptly provided with a copy of the information applicable to the party which appears on the National Crime Information Center registry by the sheriff of the county in which the arrest occurs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Byrd (Supreme Court of North Carolina 2009, 363 N.C. 214)“…herefore, erred in enhancing defendant's sentence under N.C.G.S. § 50B-4.1(d). However, we hold that the error was…”
- State v. Poole (Court of Appeals of North Carolina 2013, 228 N.C. App. 248)“…Chapter 50B” for purposes of a sentencing enhancement under N.C. Gen. Stat. § 50B-4.1(d). Byrd, 363 N.C. at 219 , 675…”
- State v. Williams (Court of Appeals of North Carolina 2016, 247 N.C. App. 239)“…by a person subject to a protective order in violation of N.C. Gen. Stat. § 50B-4.1(g1). On appeal, he contends that the t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 50B-2Institution of civil action; motion for emergency relief; temporary orders; temporary custodyIn force
(a) Any person residing in this State, or seeking relief for acts that have occurred in this State, may seek relief under this Chapter by filing a civil action or by filing a motion in any existing action filed under Chapter 50 of the General Statutes alleging acts of domestic violence against himself or herself or a minor child who resides with or is in the custody of such person. Any aggrieved party entitled to relief under this Chapter may file a civil action and proceed pro se, without the assistance of legal counsel. The district court division of the General Court of Justice shall have original jurisdiction over actions instituted under this Chapter. Any action for a domestic violence protective order requires that a summons be issued and served. The summons issued pursuant to this Chapter shall require the defendant to answer within 10 days of the date of service. Attachments to the summons shall include the complaint, notice of hearing, any temporary or ex parte order that has been issued, and other papers filed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 35 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hensey v. Hennessy (Court of Appeals of North Carolina 2009, 201 N.C. App. 56)“…om either an emergency or ex parte DVPO entered pursuant to N.C. Gen. Stat. § 50B-2. 59 N.C. App. 533, 536 , 297 S.E.2…”
- Stancill v. Stancill (Court of Appeals of North Carolina 2015, 241 N.C. App. 529)“…nger of acts of domestic violence against the [plaintiff.]" N.C. Gen.Stat. § 50B-2(c)(1) (2013). The trial court must hold…”
- Rudder v. Rudder (Court of Appeals of North Carolina 2014, 234 N.C. App. 173)“…was scheduled for hearing for emergency relief pursuant to G.S. 50B-2."2 This order also…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
North Carolina General Statutes, Chapter 50C: Civil No-Contact Orders.
§ 50C-8Duration; extension of ordersIn force
(a) A temporary civil no-contact order shall be effective for not more than 10 days as the court fixes, unless within the time so fixed the temporary civil no-contact order, for good cause shown, is extended for a like period or a longer period if the respondent consents. The reasons for the extension shall be stated in the temporary order. If a temporary ex parte civil no-contact order: (1) Is granted without notice and a motion for a permanent civil no-contact order is made, it shall be set down for hearing within 10 days from the date of the motion. (2) Is denied, the trial on the plaintiff's motion for a civil no-contact order shall be set for hearing within 30 days from the date of the denial. When the motion for a permanent civil no-contact order comes on for hearing, the complainant may proceed with a motion for a permanent civil no-contact order, and, if the complainant fails to do so, the judge shall dissolve the temporary civil no-contact order. On two days' notice to the complainant or on such shorter notice to that party as the judge may prescribe, the respondent may appear and move its dissolution or modification.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Williams v. Vonderau (Court of Appeals of North Carolina 2007, 181 N.C. App. 18)“…der and states the reason for the requested extension. N.C. Gen.Stat. 50C-8(c) (2005). The record before us conta…”
- Russell v. Wofford (Court of Appeals of North Carolina 2018, 260 N.C. App. 88)“…xceed one year[,]” but it can be extended under § 50C-8(c). N.C. Gen. Stat. § 50C-8 (2017).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 50C-10ViolationIn force
A knowing violation of an order entered pursuant to this Chapter is punishable by civil or criminal contempt as provided in Chapter 5A of the General Statutes.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Tyll v. Berry (Court of Appeals of North Carolina 2014, 234 N.C. App. 96)“…d upon defendant's willful violation of the 50C order. N.C. Gen. Stat. § 50C-10 (2013) provides that "[a] knowing viol…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
North Carolina General Statutes, Chapter 15A: Criminal Procedure Act.
§ 15A-1340.17Punishment limits for each class of offense and prior record levelIn forcecited in 6 of our articles
(a) Offense Classification; Default Classifications. - The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a felony for which there is no classification, it is a Class I felony. (b) Fines. - Any judgment that includes a sentence of imprisonment may also include a fine. If a community punishment is authorized, the judgment may consist of a fine only. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. Unless otherwise provided, the amount of the fine is in the discretion of the court. (c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. - The authorized punishment for each class of offense and prior record level is as specified in the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the chart.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 330 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Allen (Supreme Court of North Carolina 2005, 359 N.C. 425)“…entence from the ranges presented in the chart found in N.C.G.S. § 15A-1340.17(c). Id. (emphasis added). This ho…”
- State v. Lucas (Supreme Court of North Carolina 2001, 353 N.C. 568)“…imits for each class of offense and prior record level, N.C.G.S. § 15A-1340.17(c), (e) (1999), the trial court sentenc…”
- State v. Green (Supreme Court of North Carolina 1998, 348 N.C. 588)“…e imprisonment. N.C.G.S. § 14-1.1 (1986) (superseded by N.C.G.S. § 15A-1340.17 (1997) (making life imprisonment mandat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Smart Glasses Recording Laws 2026, North Carolina AI Meeting Recording Laws (2026), North Carolina Surveillance Camera Laws (2026 Guide)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- G.S. Chapter 50B (Domestic Violence Protective Order Act)(ncleg.net).gov
- G.S. Chapter 50C (Civil No-Contact Orders)(ncleg.net).gov
- North Carolina Courts: Domestic Violence Self-Help(nccourts.gov).gov
- N.C. Gen. Stat. §50B-2 (institution of civil action; ex parte orders; 10-day/7-day hearing deadline)(ncleg.gov)
- N.C. Gen. Stat. §50B-3.1 (surrender and disposal of firearms)(ncleg.gov)
- N.C. Gen. Stat. §50B-4.1 (violation of valid protective order; Class A1 misdemeanor and Class H felony escalations)(ncleg.gov)
- N.C. Gen. Stat. §50C-8 (duration and extension of civil no-contact orders; hearing within 10 days of the motion)(ncleg.gov)
- N.C. Gen. Stat. §50C-10 (violation of a civil no-contact order punishable by civil or criminal contempt)(ncleg.gov)
- N.C. Gen. Stat. §15A-1340.17 (structured sentencing punishment limits; Class F-I minimum/maximum table)(ncleg.gov)