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Alamance county denied my PPP

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Matt2908

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Joined
Jul 23, 2012
Messages
49
Location
Burlington NC
Before I get into it, I've been reading forums for hours. I joined this one because you guys seem to be the most knowledgable and stomp out the BS quickly.

I got a misdemeanor when I was 16. 30 days suspended for 2 years unsupervised probation.
When I turned 21, I applied for a PPP and got approved.
Skipping to present.
I'm 33, no other charges since I was 16. Alamance county denied me.
The reasoning was I had a 2 year sentence. I own a pistol that I bought using a permit supplied by the same people that denied me. He told me I was perfectly legal in owning a pistol, I just could not buy one. WTH. He told me I could expunge that charge or file a lawsuit against the sheriffs department. I don't understand how they can give me a permit when the charge was only 5 years old, then deny me 12 years later.
Do I have any recourse besides what he stated? He also said he would deny a ccp.
The only person over his head is Terry Johnson and the both agreed to deny me. So it would be no use to try that.
Sorry for the long post
 
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Matt2908

Regular Member
Joined
Jul 23, 2012
Messages
49
Location
Burlington NC
Contributing to the dilquencey of a minor.
Long story short. I gave a girl a ride to a friends house. She had snuck out of the house.

I know of a deputy with the same charge.
 
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razor_baghdad

razor_baghdad

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Jul 20, 2008
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CONUS ~for now~
Don't take no for an answer.

Good info here:

http://www.ncsheriffs.org/documents/2007-NC-Firearms-gun-Laws-rev2011.pdf

N.C. Gen. Stat. § 14-404.
An applicant refused a permit has a right to appeal such refusal to the Chief District Court Judge for the district in which the application was filed.

and this:

Further, the person is not considered convicted if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had their civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. 18 U.S.c. § 921(a)(33) and 18 U.S.C. § 922(g)(9).

"The only person over his head is Terry Johnson and the both agreed to deny me. So it would be no use to try that."

The Judge is over his head. Try that!

I'd say you served your debt to society. WTF can this Sheriff be thinking? ;(
 
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Matt2908

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Joined
Jul 23, 2012
Messages
49
Location
Burlington NC
Thanks for the link.
There was nothing in those rules that would disqualify me. It said a misdemeanor had to be punishable with 1 year imprisonment. Mine was only 30 days.
Is that appeal in a court setting or an office? Just wondering if I needed a lawyer. If so does anyone recommend a lawyer in Alamance with PPP appeals exp.
I shouldn't need one but then again I shouldn't have been denied.
 
WalkingWolf

WalkingWolf

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Jul 31, 2011
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11,930
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North Carolina
Matt2908 said:
Thanks for the link.
There was nothing in those rules that would disqualify me. It said a misdemeanor had to be punishable with 1 year imprisonment. Mine was only 30 days.
Is that appeal in a court setting or an office? Just wondering if I needed a lawyer. If so does anyone recommend a lawyer in Alamance with PPP appeals exp.
I shouldn't need one but then again I shouldn't have been denied.
Click to expand...

They do not go by the actual punishment levied, they go by the possible maximum sentence for a crime. If it was a misdemeanor punishable by up to one to two years you will probably need to get it expunged.
 
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M

Matt2908

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49
Location
Burlington NC
Contributing to the Delinquency of a Minor [NCGS 14-316.1, Class 1 misdemeanor]
Any person 16 years of age or older who knowingly or willingly causes, aids or encourages a
minor to become delinquent, undisciplined, abused or neglected.30

From what I have read. A class 1 misdemeanor with no priors holds a maximum sentence of 45 days.
Even with 5 or more convictions it only holds a max of 120 days.

I forgot to mention. The guy that denied me said, if I had took the 30 days I wouldn't have had a problem. So he is going by the 2 years unsupervised probation.
 
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attrapereves

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Joined
Feb 12, 2012
Messages
48
Location
Missouri
Are you eligible for a concealed carry permit? You might want to go that route. Counties can pretty much put whatever requirements they want for PPPs, but CHP requirements are regulated by the state.
 
WalkingWolf

WalkingWolf

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North Carolina
Matt2908 said:
Contributing to the Delinquency of a Minor [NCGS 14-316.1, Class 1 misdemeanor]
Any person 16 years of age or older who knowingly or willingly causes, aids or encourages a
minor to become delinquent, undisciplined, abused or neglected.30

From what I have read. A class 1 misdemeanor with no priors holds a maximum sentence of 45 days.
Even with 5 or more convictions it only holds a max of 120 days.

I forgot to mention. The guy that denied me said, if I had took the 30 days I wouldn't have had a problem. So he is going by the 2 years unsupervised probation.
Click to expand...

Appeal the refusal ~ or if you want to spend the money have your record expunged. From what I heard it is easy as long as you get an attorney.
 
M

Matt2908

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Messages
49
Location
Burlington NC
I think I'm just gonna go for the expungement. So this will never be an issue again.
Can't get a ccp. He said he would deny me that also.
Thanks to everyone for the input.
 
C

cricketdad

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May 29, 2010
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Fayetteville, North Carolina, USA
Dreamer

Dreamer

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Grennsboro NC
Matt2908 said:
That's what I tryed to tell him. He is convinced otherwise.
Click to expand...

Your Sheriff is an unmitigated a$$hat. He doesn't know the law, he is bullying and lying to you, and he is setting up his office for a trip to the District Court.

He cannot legally deny your CHP for this record. First, you were a minor, so he shouldn't even have access to the records. And second, it was not a disqualifying charge. And THIRD, he does not have "discretion" to pick and choose what does and does not disqualify the issuance of a NC CHP--that process is very clearly defined under STATE law.

Don't argue with him--that only makes a$$hats more steadfast in their arrogant ignorance.

Just apply for a CHP. When he denies you, appeal to the District Court.

When the Judge overrules his denial and has a permit issued to you, sue the Sheriff for violating your civil rights.

When you win that settlement, buy a new car, and drive by the Sheriff's office every day and wave your CHP at him.
:monkey:monkey:monkey


That's what I'd do... :rolleyes:
 
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davidmcbeth

davidmcbeth

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Jan 14, 2012
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earth's crust
Dreamer said:
Your Sheriff is an unmitigated a$$hat. He doesn't know the law, he is bullying and lying to you, and he is setting up his office for a trip to the District Court.

Don't argue with him--that only makes a$$hats more steadfast in their arrogant ignorance.

That's what I'd do... :rolleyes:
Click to expand...

Another policeman that knows nothing ; not as bad as this reason (for a denial I am appealing): that I filed several freedom of information act requests
 
smlawrence

smlawrence

Regular Member
Joined
Sep 12, 2010
Messages
261
Location
Colfax, NC
Don't just be hopeful. Be confident in what you know and be sure that confidence is seen. Make sure he knows that you know your rights and won't just settle for his stupida$$ opinions. Take care.
 
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sheepdog

Regular Member
Joined
Mar 12, 2008
Messages
299
Location
Texas
...thanks for the update...

...early on you were told you could own a pistol...just not buy one...does NC have a law forbidding you to buy a handgun/weapon because of the charge when you were younger?
 
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