What is a Firearm Hold?

Zachary Caffo 

Elon University School of Law Intern-in-Residency with Aberle & Wall 

When a person is arrested in North Carolina, they are brought before a magistrate at the jail, who will set the conditions of pretrial release. The magistrate will then go over a set of factors to determine if the individual is a flight risk or a danger to the community. These factors include the “nature and circumstances of the offense charged; the weight of the evidence against the [arrested individual]; the [arrested individual’s] family ties, employment, financial resources, character, mental condition,” whether the arrested individual was intoxicated, looks at any record of previous convictions and whether the arrested individual has had a history of not coming to his court dates to avoid prosecution. N.C. Gen. Stat. § 15A-534(c) (2017).

If a magistrate decides that a person is eligible to be released from jail while their case is pending, there are four common types of pretrial release that magistrates will impose: a written promise to appear, an unsecured bond, a secured bond, or a custody release. The written promise to appear is exactly what it sounds like, an arrested individual signs a contract that they promise to appear for their court date and are released from jail. The unsecured bond has a similar result as the written promise to appear in that the arrested individual is released from jail; however, if the individual fails to appear for their court date the bond amount that was set will be taken out as a lien against them. The secured bond means that the arrested individual is put in jail and will remain in jail until their case is disposed of, unless they are able to pay the bond amount. A custody release is when the arrested individual may be released to a specific person, such as a parent or a probation officer.

  Additionally, pretrial release conditions can be complicated by other statutory provisions, such as a firearm hold. Under North Carolina General Statute § 15A-533, certain people can be denied pretrial release altogether if certain conditions are met.  This section authorizes a firearm hold when the arrested individual is charged with a felony or Class A1 Misdemeanor involving the illegal use, possession, or discharge of a firearm and the arrested individual was already on pretrial release, probation, or post-release supervision for a felony or Class A1 Misdemeanor involving the illegal use, possession, or discharge of a firearm.

For example, let's say someone was arrested and brought to jail for committing a robbery with a gun and had a secured bond but paid the bond in order to be released from jail while he awaits trial. If, before the trial, this person is arrested again for possession of a firearm by a felon, the magistrate can impose a firearm hold and allow no bond. Section 533 creates a rebuttable presumption that a person is presumed to be a flight risk and a danger to the community in this situation and that no condition of pretrial release will reasonably assure the appearance of the defendant.

If you or a loved one has been arrested and a firearm hold has been put in place, you may want to contact a criminal defense lawyer in Guilford County about a bond motion or a first appearance hearing where a Greensboro lawyer can advocate for a removal of the firearm hold.