Today I would like to discuss your legal rights if you have been denied a permit to purchase a handgun or the right to obtain a Concealed Handgun Permit (“CHP”) in North Carolina.
The sheriff of the county in which you live has the authority under state law to deny you the right to obtain a permit to purchase a handgun, and the authority to deny you a CHP. Several factors may influence whether or not you can obtain either permit.
Reasons For Denial
One of the most common reasons people are denied either one or both permits depends on their criminal history. Convicted felons face the biggest hurdles in obtaining permits.
Although under North Carolina law it is possible to have one’s right to possess a firearm restored following a felony conviction, a Sheriff can still deny the permit at his or her discretion, even after a person’s rights to possess have been restored. People with misdemeanor crimes of violence may also be denied permits.
Further, persons with convictions for domestic violence will automatically be denied either permit. Persons under a domestic violence restraining order will not be able to obtain permits while the order is in effect.
Finally, if a person has a history of mental health treatment or disorders, they will likely be denied either permit.
How to Appeal a Gun Permit Denial in NC
If denied a purchase permit, a person can appeal the denial to a superior court. If denied a CHP, a person can appeal that decision to a district court judge.
For any questions on what to do in the event your right to obtain a firearm purchase permit or a CHP is infringed upon, contact U.S. LawShield and ask to speak to your Independent Program Attorney.
The preceding should not be construed as legal advice nor the creation of an attorney-client relationship. This is not an endorsement or solicitation for any service. Your situation may be different, so please contact your attorney regarding your specific circumstances. Because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circumstances to those described in this presentation may result in significantly different legal outcomes. This presentation is by no means a guarantee or promise of any particular legal outcome, positive, negative, or otherwise.