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Thread: CCW with an OTH Discharge

  1. #1
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    CCW with an OTH Discharge

    I am trying to get a CCW in NC, already have had a few permits to purchase so I have a clean background, but I have an OTH discharge. Says that you will be denied in NC for CCW if you have anything other than honorable. Does anyone know about SC? I printed out the CCW permit application from SLED and don't see any questions about military service on there.

    -if there is no such law in SC I have the means to become a resident there. Thanks for reading!

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    Regular Member J1MB0B's Avatar
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    Quote Originally Posted by withlegions View Post
    I am trying to get a CCW in NC, already have had a few permits to purchase so I have a clean background, but I have an OTH discharge. Says that you will be denied in NC for CCW if you have anything other than honorable. Does anyone know about SC? I printed out the CCW permit application from SLED and don't see any questions about military service on there.

    -if there is no such law in SC I have the means to become a resident there. Thanks for reading!
    Just apply for the permit and answer all the questions truthfully. If you get it, you are good to go.

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    Quote Originally Posted by withlegions View Post
    I am trying to get a CCW in NC, already have had a few permits to purchase so I have a clean background, but I have an OTH discharge. Says that you will be denied in NC for CCW if you have anything other than honorable. Does anyone know about SC? I printed out the CCW permit application from SLED and don't see any questions about military service on there.

    -if there is no such law in SC I have the means to become a resident there. Thanks for reading!
    Thought I would give you some quick info. I checked my countie's requirements for application of a CCW. Here they are:

    Application Requirements
    •Must apply in person.
    •Must be able to properly complete application process.
    •Must be 21 years of age or older.
    •Must provide current/valid identification in the form of either a N.C. Driver's License or N.C. State Identification Card.
    •Must provide proof of U.S. Citizenship.
    •Must be a resident of Forsyth County for a minimum of 30 days.
    •Must provide proof of residency.
    •Must provide a list of all previous addresses.
    •Must have successfully completed an approved firearms training course and provide the original certificate with application – Firearms Safety Certificate (valid from one year of issue date).
    •If discharged from the military, must provide a copy of your DD-214 which indicates an Honorable Discharge.
    •Must authorize Mental Health background check.
    •Must pass criminal history background check.
    •Must provide complete set of legible fingerprints (taken at time of application).
    •Must be eligible to own, posses or receive a firearm under the provisions of State or Federal Law. See N.C. Firearm Laws.

    (source = http://www.forsyth.cc/sheriff/concealed_permits.aspx)

    Now on with the NC law portion.

    NC State Law states:
    "North Carolina law further specifies that a permit may not be issued to the following:

    f. The applicant has been discharged from the U.S. armed forces under dishonorable conditions;"

    (source = http://www.ncdoj.gov/About-DOJ/Law-E...6-%282%29.aspx)

    This shows two different statements. NC law states only dishonorable disharged are not permitted to be issued a CCW, however Forsyth County does not allow anything other than honorable disharges. This may vary from county to county.

    Also have you tried getting your discharged upgraded? (check here http://www.armytimes.com/community/a...awyer_092208w/)
    Hope this helps.
    Last edited by JABEACHFAN; 01-30-2013 at 08:40 AM.

  4. #4
    Regular Member pfries's Avatar
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    Would this not fall under NC preemtion?

    " 14-409.40. Statewide uniformity of local regulation.

    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.
    (b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

    (c) Notwithstanding subsection (b) of this section, a county or municipality, by zoning or other ordinance, may regulate or prohibit the sale of firearms at a location only if there is a lawful, general, similar regulation or prohibition of commercial activities at that location. Nothing in this subsection shall restrict the right of a county or municipality to adopt a general zoning plan that prohibits any commercial activity within a fixed distance of a school or other educational institution except with a special use permit issued for a commercial activity found not to pose a danger to the health, safety, or general welfare of persons attending the school or educational institution within the fixed distance.

    (d) No county or municipality, by zoning or other ordinance, shall regulate in any manner firearms shows with regulations more stringent than those applying to shows of other types of items.

    (e) A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.

    (f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter."

    Sec. 2. This act is effective upon ratification.

    In the General Assembly read three times and ratified this the 21st day of June, 1996.
    Last edited by pfries; 01-30-2013 at 08:50 AM.

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    Quote Originally Posted by pfries View Post
    Would this not fall under NC preemtion?

    " 14-409.40. Statewide uniformity of local regulation.

    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.
    (b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

    (c) Notwithstanding subsection (b) of this section, a county or municipality, by zoning or other ordinance, may regulate or prohibit the sale of firearms at a location only if there is a lawful, general, similar regulation or prohibition of commercial activities at that location. Nothing in this subsection shall restrict the right of a county or municipality to adopt a general zoning plan that prohibits any commercial activity within a fixed distance of a school or other educational institution except with a special use permit issued for a commercial activity found not to pose a danger to the health, safety, or general welfare of persons attending the school or educational institution within the fixed distance.

    (d) No county or municipality, by zoning or other ordinance, shall regulate in any manner firearms shows with regulations more stringent than those applying to shows of other types of items.

    (e) A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.

    (f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter."

    Sec. 2. This act is effective upon ratification.

    In the General Assembly read three times and ratified this the 21st day of June, 1996.
    In my opinion, I don't think that counties and municipalities can change the requirements for permitting for CCW. I think pre-emption gives them the right on how and where people can and can't carry. But I am not a lawyer and I don't speak legalese very well haha.

  6. #6
    Regular Member pfries's Avatar
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    Quote Originally Posted by JABEACHFAN View Post
    In my opinion, I don't think that counties and municipalities can change the requirements for permitting for CCW. I think pre-emption gives them the right on how and where people can and can't carry. But I am not a lawyer and I don't speak legalese very well haha.
    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.
    (b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

    With the parts in red "the entire field", "possession", and "shall regulate in any manner " I think there would be a solid case if denied.
    now IANAL and am slowly getting to the point of understanding legalese, eventualy I may be Bi-lingual...

  7. #7
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    Quote Originally Posted by pfries View Post
    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.
    (b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

    With the parts in red "the entire field", "possession", and "shall regulate in any manner " I think there would be a solid case if denied.
    now IANAL and am slowly getting to the point of understanding legalese, eventualy I may be Bi-lingual...
    Ohhhh....now I see. Somehow I missed the "possession" portion.

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