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Thread: Revoked Conceal Carry Permit

  1. #1
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    Revoked Conceal Carry Permit

    Today I received a letter from the sheriffs office saying that my conceal carry permit has been revoked based on a domestic violence case. The hearing was scheduled for Nov. 8 and unfortunately it conflicted with a mandatory custody mediation orientation that I had to attend. The domestic violence case was scheduled for the 19th and has been dismissed by the judge. The letter states that I can petition a county district judge to have the decision overturned. I wanted to know if anyone has done this before and could walk me through what I need to do. I spoke with the office that does the hearing and he told me that unless I petition a judge, I would have to go through the whole process all over again.

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    Founder's Club Member thebigsd's Avatar
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    Revoked Conceal Carry Permit

    I don't live in North Carolina but I will try and help get you started. This is the applicable law detailing the Sheriff's authority to revoke your permit.

    §14‑415.18. Revocation or suspension of permit.

    (a) The sheriff of the county where the permit was issued or the sheriff of the county where theperson resides may revoke a permit subsequent to a hearing for any of thefollowing reasons:

    (1) Fraud or intentionalor material misrepresentation in the obtaining of a permit.

    (2) Misuse of a permit,including lending or giving a permit to another person, duplicating a permit,or using a permit with the intent to unlawfully cause harm to a person orproperty.

    (3) The doing of an actor existence of a condition which would have been grounds for the denial of thepermit by the sheriff.

    (4) The violation of anyof the terms of this Article.

    (5) The applicant isadjudicated guilty of or receives a prayer for judgment continued for a crimewhich would have disqualified the applicant from initially receiving a permit.

    A permittee may appeal therevocation, or nonrenewal of a permit by petitioning a district court judge ofthe district in which the applicant resides. The determination by the court, onappeal, shall be upon the facts, the law, and the reasonableness of thesheriff's refusal.

    (b) The court maysuspend a permit as part of and for the duration of any orders permitted underChapter 50B of the General Statutes. (1995, c. 398, s. 1.)


    Based on your profile, my guess is that you live in Johnston County. Below is the contact information for the Clerk of the Court for District 11. I looked high and low for the appropriate form for you to fill out so you could file an appeal of your revocation. My recommendation is that you call and ask the clerk how you start the process. They should be more than willing to help.

    Clerk of Superior Court(919) 209-5400
    Last edited by thebigsd; 11-21-2012 at 11:34 PM.
    "When seconds count between living or dying, the police are only minutes away."

  3. #3
    Regular Member ncwabbit's Avatar
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    Homey, my recommendation is you contact a local attorney for guidance and representation in this matter instead of listening to some bloke in PA quoting NC statutes and guessing which county you live in.

    further suggestion is for you to have a look at GRNC's website under the local attorneys for someone close to you or contact me privately and i will provide you the name of my attorney to contact to see if they can assist you.

    best of luck mate

    wabbit

    ps: i am not an attorney, but i wouldn't make any further statements on this public forum.
    Last edited by ncwabbit; 11-21-2012 at 09:50 PM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

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    Founder's Club Member thebigsd's Avatar
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    Revoked Conceal Carry Permit

    Quote Originally Posted by ncwabbit View Post
    Homey, my recommendation is you contact a local attorney for guidance and representation in this matter instead of listening to some bloke in PA quoting NC statutes and guessing which county you live in.

    further suggestion is for you to have a look at GRNC's website under the local attorneys for someone close to you or contact me privately and i will provide you the name of my attorney to contact to see if they can assist you.

    best of luck mate

    wabbit

    ps: i am not an attorney, but i wouldn't make any further statements on this public forum.
    What's with the insult? Completely unnecessary. Exactly which part of my information was incorrect?

    The rest of your post is great advice.
    Last edited by thebigsd; 11-21-2012 at 11:33 PM.
    "When seconds count between living or dying, the police are only minutes away."

  5. #5
    Regular Member ncwabbit's Avatar
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    Insulted - truly? thebigsd sorry you felt that way, but in the future you might wish to roll your shirt sleeves down to protect your feelings a bit better...

    wabbit

    PS: OP you also need to assure your attorney clears the courts record(s) as well as any information possibly contained in National Crime Information Center registry in case the sheriff was zealous and entered it.
    Last edited by ncwabbit; 11-22-2012 at 09:13 AM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  6. #6
    State Researcher lockman's Avatar
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    Revoked Conceal Carry Permit

    Weigh the costs, atty vs the new license fee/hassle. If can file yourself and get it taken care of great. If not you can get another through the regular application process.

    It is not fair, but is a financial reality.

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    Quote Originally Posted by Homey View Post
    The hearing was scheduled for Nov. 8 and unfortunately it conflicted with a mandatory custody mediation orientation that I had to attend.:
    Are you saying that you had a scheduled hearing regarding your permit and missed it? (and did not ask for a postponement due to conflicts between the hearing and a court ordered mediation class?)

    If that's the case, you maybe able to ask for reconsideration or a new hearing- although this is all on you as you could have asked for a postponement of the 8th hearing date.

    If you have new evidence that would effect your permit case, include such evidence (like a certified copy of the dismissal).

    I would also argue that a pending case is not relevant to your permit on two or three grounds: 1st) its pending, you have not been found guilty and 2nd) even if guilty, it would not affect your basic gun rights (if not a felony) 3rd) its no longer pending, you were not found guilty and consideration of unsubstantiated claims should not be used as evidence against you. I would argue all 3 to get them on the record.

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    Founder's Club Member thebigsd's Avatar
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    Revoked Conceal Carry Permit

    Quote Originally Posted by ncwabbit View Post
    Insulted - truly? thebigsd sorry you felt that way, but in the future you might wish to roll your shirt sleeves down to protect your feelings a bit better...

    wabbit

    PS: OP you also need to assure your attorney clears the courts record(s) as well as any information possibly contained in National Crime Information Center registry in case the sheriff was zealous and entered it.
    Nah, not really. Just never been called a bloke before, lol. I was just a little heated. I note that you didn't point out where my information was inaccurate.
    Last edited by thebigsd; 11-22-2012 at 12:45 PM.
    "When seconds count between living or dying, the police are only minutes away."

  9. #9
    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by Homey View Post
    Today I received a letter from the sheriffs office saying that my conceal carry permit has been revoked based on a domestic violence case. The hearing was scheduled for Nov. 8 and unfortunately it conflicted with a mandatory custody mediation orientation that I had to attend. The domestic violence case was scheduled for the 19th and has been dismissed by the judge. The letter states that I can petition a county district judge to have the decision overturned. I wanted to know if anyone has done this before and could walk me through what I need to do. I spoke with the office that does the hearing and he told me that unless I petition a judge, I would have to go through the whole process all over again.
    Excuse me Homey, but methinks your dealing with a DV case, yes, according to you apparently dismissed (?), and apparent family mediation custodial issue(s) means you have larger issues in your life than worrying about maintaining your CHP!! To be candid, that you were apparently arrested and charged in a DV case coupled with your being under judical guidance to seek custody mediation means you truly might wish to investigate and pursue avenues to work out and smooth over your family issues or your own personal issues in dealing with your family issues.

    best of luck mate working through your family issues...

    wabbit

    PS: inaccurate...come on mate...by his own admission, he has DV and other family issues going on that he needs to resolve prior to even beginning to worry about getting his CHP returned. Your advice...shouldn't have been tendered as IMHO he is close to losing his ability to even own or purchase a firearm unless he gets his issues expunged soonest.

    pps: lockman...our statutes prohibit individuals from being issued a CHP if there is DV in their background.
    Last edited by ncwabbit; 11-22-2012 at 09:29 PM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  10. #10
    Regular Member moonie's Avatar
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    Quote Originally Posted by ncwabbit View Post
    pps: lockman...our statutes prohibit individuals from being issued a CHP if there is DV in their background.
    Conviction or simply an accusation? Can you please cite for simply an accusation?
    We in America do not have government by the majority. We have government by the majority who participate.

    Thomas Jefferson

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    I had a 50B against me that was "Issued Ab Initio" and it got thrown out and I am able to purchase firearms; however, I have yet to get my CCW because I really don't need it.

    If you're in Wake County, or maybe the guy I know goes to Johnston, my attorney is affordable and fought to show the true colors of my ex-wife being money based and that she had an agenda to destroy me. He brought her to tears in court and got a PRO-FEMALE judge to throw out the case.

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    Quote Originally Posted by moonie View Post
    Conviction or simply an accusation? Can you please cite for simply an accusation?
    I think OP was just venting ... no answer to my queries ...

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    Quote Originally Posted by moonie View Post
    Conviction or simply an accusation? Can you please cite for simply an accusation?
    Moonie! Dude, it's envirocbr!

    Small world around here

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    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by moonie View Post
    Conviction or simply an accusation? Can you please cite for simply an accusation?
    not sure what you are asking moonie or to whom? as for the OP's DV, according to the OP he was summoned to court for a DV charge which the OP alleges was dismissed?

    wabbit
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  15. #15
    Regular Member moonie's Avatar
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    Quote Originally Posted by RobertPA View Post
    Moonie! Dude, it's envirocbr!

    Small world around here
    Yes it certainly is, and yes, I'm that Moonie.
    We in America do not have government by the majority. We have government by the majority who participate.

    Thomas Jefferson

  16. #16
    Regular Member moonie's Avatar
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    Quote Originally Posted by ncwabbit View Post
    not sure what you are asking moonie or to whom? as for the OP's DV, according to the OP he was summoned to court for a DV charge which the OP alleges was dismissed?

    wabbit
    Did you mean with a DV conviction in your background or simply with DV in your background as I was unaware that you could be denied just because of an accusation and was interested in a cite for being denied for an accusation.

    You did not differentiate between an accusation and conviction when you said "pps: lockman...our statutes prohibit individuals from being issued a CHP if there is DV in their background." so I was trying to get clarification.
    We in America do not have government by the majority. We have government by the majority who participate.

    Thomas Jefferson

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    Sorry guys holidays and day to day stuff keep me quite busy. My DV case was tossed, not to release too much information to my case. Nothing will show up in my record, didn’t have to pay anything even my court appointed lawyer. I am going to be contacting my divorce lawyer for her input in this matter later on today.

    RobertPA we have a lot in common

  18. #18
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    Have my permit in my pocket and my 1911 on my hip UNDER my shirt. Judge was back today and redid the order.

    Thanks to all who helped or had good thoughts.

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    Regular Member Fallschirmjäger's Avatar
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    Congrats.
    Last edited by Fallschirmjäger; 05-08-2017 at 03:49 PM.

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