A North Carolina appellate court has reversed part of the convictions against Jeffery Michael Phelps, who was previously found guilty of two counts of possession of a firearm by a felon and two counts of possession of a weapon of mass destruction. The Court of Appeals of North Carolina ruled on June 3, 2026, that evidence supporting one count of firearm possession and one count of weapon possession was insufficient. This decision could have implications for similar cases in the future.
The case, identified as State v. Phelps (docket number 25-934), arose from an incident in Pitt County where Phelps was accused of firing a weapon during a confrontation. The court's ruling is significant as it addresses the legal standards surrounding simultaneous possession of firearms and weapons of mass destruction.
Background
Jeffery Michael Phelps was indicted on multiple charges, including two counts of possession of a firearm by a felon and three counts of possession of a weapon of mass destruction. The case stemmed from a shooting incident where police responded to reports of shots fired in Greenville. Witnesses claimed Phelps fired at their vehicle, leading officers to investigate his home.
Upon arriving at his residence, police found a gold Honda matching the description provided by witnesses, which had bullet holes. Following a protective sweep of the home, officers discovered several firearms, including a loaded nine-millimeter ghost gun, an AR-15 rifle, and a grenade-like device. Phelps, who had a prior felony conviction, was arrested at the scene.
The Ruling
The Court of Appeals ruled that the trial court had erred in denying Phelps' motion to dismiss one count of possession of a firearm by a felon and one count of possession of a weapon of mass destruction. The court stated, "Because the evidence of Defendant’s alleged actual possession of a nine‑millimeter ghost gun was admitted for a limited, non‑substantive purpose, there was insufficient evidence to support a conviction of possession of a firearm by a felon based on that alleged possession."
Judge Allegra Collins, who authored the opinion, noted that the evidence presented did not substantiate the claim that Phelps had actual possession of the ghost gun during the shooting. The court also highlighted that the simultaneous possession of multiple firearms or weapons of mass destruction should only result in one conviction, reversing the trial court's decision on those counts.
Impact
This ruling clarifies the legal interpretation of possession laws in North Carolina, particularly regarding cases where defendants are charged with multiple counts for possessing several firearms or weapons simultaneously. The court emphasized the principle of lenity, which dictates that ambiguous statutes should be interpreted in favor of the defendant.
Moving forward, this decision may influence how prosecutors approach similar cases, as it establishes a precedent that limits the number of convictions for simultaneous possession of firearms and weapons of mass destruction. This could lead to fewer charges being filed in future cases where defendants possess multiple items of contraband at the same time.
What's Next
Phelps' case has been sent back to the lower court for resentencing based on the appellate court's findings. It remains to be seen whether the state will seek to appeal this decision or if there are any related cases pending that could further clarify these legal standards.