NC Concealed Carry Permit Question

[Carter]

I'm a 21 year old college grad that has had an internship with the local police department and being sent to BLET by that same department. However, sometime last year (21 at the time as well) I applied for a pistol permit, which the Sheriff denied me due to a under age possession of alcohol ticket that I had when I was 19 (not apart of the law but a Sherifs decision/policy). I apparently have to wait till November of this year to get a pistol permit. Hasn't been a problem with pursuing a LEO career in any way, but for some reason the sheriff deems it necessary that I can't be trusted with a pistol.

It was recently explained to me that if I applied for a conceal carry permit that would allow me to purchase handguns without having to get a permit from the sheriff and that he could not deny me if I passed the State requirements. I read up on the law a little bit and I meet all the state requirements. Is it true that the sheriff can't deny me then based on any of his rulings and that I'd be able to purchase a handgun without asking him for a permit?

Little back ground info: The sheriff is pretty anti-gun it seems. He has apparently had some run ins with the GRNC and may try denying my CCW permit despite me meeting state regulations.

Thanks for the help.

 

[hammerklavier]

If he approves your CCW, then you are in the clear. That's how I understand it (I'm not a lawyer).

 

[Carter]

If he approves your CCW, then you are in the clear. That's how I understand it (I'm not a lawyer).

The way it was explained to me was NC is a "shall issue" state, which means as long as you meet the NC state requirements he HAS to approve you. And if he doesn't the GRNC will jump all over him, which I've heard has happened to him before and you can appeal it. But I'm having a little trouble finding that written down.

I'm hoping to get an affirmative answer on this before I spend $80 on the application, $10 or so on the prints, and the money for the handgun safety class

 

[Carter]

Well after a little more research I did find that NC is a "shall issue" state so I guess I'm in the clear for a conceal carry. But I'm still worried about the sheriff not playing fair...

 

[courtgreene]

North Carolina IS a shall issue state, however, sheriffs have more power than any other law enforcement officials on a county level and in cases such as this as well as interpretation of "acceptable distance" in the application of Jessica's law, or any other area where the sheriff determines what the law means, you are beholden to their opinion. I work for a church and have a cch so I have had to deal with both of those issues. Fortunately Stanly County's sheriff was good to me with both of his opinions. for the record i deal with Jessica's law because I run programs that minister to children, not because I am being punished by said law. I just used that as an example of cases where the sheriff determines what a law or part of a law means. That could include your youthful indiscretion as well.

 

[Carter]

So is "shall issue" a meaningless guideline for the sheriff for him to twist the interpretation of the law as he wishes?

 

[Enachos]

Sorry to hear that Carter. You should try asking a lawyer about that.

Unfortunately that's all I can really say. Good luck!

 

[Carter]

Okay so what I learned (Ironically it was a link through an anti website..and I looked up each misdemeanor that disqualifies a person) and it appear that I fully qualify once I get my handgun safety class. Therefore to the letter of the law I can not be denied the Conceal Carry permit.

Hopefully the sheriff wont pull anything underhanded and have me going to a lawyer, NRA, or GRNC (which I'm still waiting to hear back from).