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Other than honorable discharge?

gary737

Regular Member
Joined
Aug 14, 2011
Messages
60
Location
Troutman, NC
are you just gonna throw the grenade after you forgot to pull the pin or do you have any specifics to back up your random generalization.

Perhaps we should file your post in the misinformation folder since you felt the need to not put any type of example so you post is truly meaningless at the moment.

Gary, let me assist you get the ball rolling...you know you can OC in Offices of State or Federal Government but can't CC? (unless conspicuously marked of course!!)

the ball is now in your court Gary...

ipse

§ 14-277.2. Weapons at parades, etc., prohibited.
(a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to .
.
.
.
(d)The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter





I didn't want any "thread drift" from the original discussion. All I was suggesting was for the OP to read the statutes. Nothing more.
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
§ 14-277.2. Weapons at parades, etc., prohibited.
(a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to .
.
.
.
(d)The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter

You forgot the primary part of that goes along with this.

It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.

If a person does not own a pick up then we get back to US v Black, without RAS police cannot search. Plus if the person is not a spectator the law does not count. I haven't been to a parade in over 20 years. You seen one you have seen most, personally I don't think it is that important to spend money and waste time for one of those privilege cards.

And again we get back to the permission thang, in an event a person can carry with permission from owner, or the person in charge of that event. That is why we can OC in a restaurant that serves alcohol without one of those privilege cards.

Yea I know it bugs those people who spent that money but hey nobody forced them to not educate themselves first.
 

solus

Regular Member
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Aug 22, 2013
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Location
here nc
Gary, this discusses the procession, WW pointed out to you the provision of the cite you FAIL'D to mention about the exemption. however, the statute also does not mention, therefore, does not cover the ceremony at grave side, unless conspicuously posted by the cemetery's management, i can OC at a grave side.

the statutes are so confusing huh Gary.

another hint Gary: I may OC into a law enforcement facility but can't CC.

ipse
 
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carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
Oth

Sid,

Personally, it looks like unless you can do as Skid suggested, you will not be able to get a NC CHP.

NCGS 14-415.12

§ 14-415.12. Criteria to qualify for the issuance of a permit.
(b) The sheriff shall deny a permit to an applicant who:
(7) Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.

However...you mentioned that you have a VA CC permit? Why do you say it is no longer valid? (caveat: I know nothing about VA permits :))

§ 14-415.24. Reciprocity; out-of-state handgun permits.
(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina.
 

cityjack

New member
Joined
Sep 23, 2014
Messages
10
Location
Granite Falls NC
News from the Caldwell sheriffs dept

Thank you all for your help and since you guys have been forthright about everything and examples, I decided to come back and give you the absolute latest from my sheriffs dept.

I called them this morning and told them I made an honest mistake about the box I checked for the discharge for Armed Forces and need to change that to "Yes". The lady/deputy who took my prints and paperwork, which was the SAME woman who gave me my purchase permit 3 weeks ago, said she wanted to check with her supervisor to make sure. I told her NC law as I read it says, the sheriff MUST deny applicant if the discharge is ANYTHING but Honorable. I then told her mine was OTH and told her to change my app. She just called me back and told me her supervisor said in Oct of last year the state could no longer require a DD214 form. So I asked her do I change my app or no. She said no because there was no DISHONORABLE discharge that came back, as in when we did your purchase permit app 3 weeks ago. "You are good to go". She seemed more worried that I would lose my 90 dollars. More so than I was. I told her, I didn't care about the 90 bucks, I just didn't want the sheriffs dept. to think I was trying to pull a quick one on them. She said "do not worry, you are clear and good to go". We will now submit for the mental checks from the three surrounding institutions. Shouldn't be much more than 30 days she said although they have up to 90. Depends on how busy Raleigh is.

Go figure huh? How is it when we look at NC gun laws I see, must deny, and they see something else. Am I looking in the wrong place?

I guess I'll just sit and wait. Funny thing is, when I took the concealed class to get my certificate, the instructor said, in all of his 12 or so years of teaching the class, he never had anybody denied if they were already approved for the purchase permit. I thought I was going to be the first.

Just an FYI guys.

Lastly, you guys are also right about getting the discharge upgraded if that's what you want to do. They rarely ever do it. I put in for mine like 10 years ago. Gave history of my stupid decision back then. My education now, my career, involvement in the community and schools, background and family. All of it meant not a thing. Basically they came back and said AFTER LIKE 18 MONTHS OF WAITING, what you did then is what you did then and you got what you got for what you did. That discharge was for then not now. Thank you sir. Carry on smartly sailor.

Have a nice night guys.

Sid
 
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cityjack

New member
Joined
Sep 23, 2014
Messages
10
Location
Granite Falls NC
VA CHP no good.

Sid,

Personally, it looks like unless you can do as Skid suggested, you will not be able to get a NC CHP.

NCGS 14-415.12



However...you mentioned that you have a VA CC permit? Why do you say it is no longer valid? (caveat: I know nothing about VA permits :))

Once I became a NC resident, that voided my VA permit. That was given to me straight from the folks at Hyatt in Charlotte. Stupid me, I was carrying concealed on a VA permit for like a year while I was here and a resident in NC. BAD BAD BAD I was told. They said I could have claimed ignorance, but I would have had to try to convince not one but three people. The state trooper, the district attorney, and then the judge. I was told chances are, one of them would have ran me up the pole. the gun stays on the dash or on the seat in plain view until this permit comes back. Reciprocity while a VA resident, not a NC resident.

Sid
 

davidmcbeth

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Jan 14, 2012
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Location
earth's crust
Lastly, you guys are also right about getting the discharge upgraded if that's what you want to do. They rarely ever do it. I put in for mine like 10 years ago. Gave history of my stupid decision back then. My education now, my career, involvement in the community and schools, background and family. All of it meant not a thing. Basically they came back and said AFTER LIKE 18 MONTHS OF WAITING, what you did then is what you did then and you got what you got for what you did. That discharge was for then not now. Thank you sir. Carry on smartly sailor.

Have a nice night guys.

Sid

Seems like they do a review of the discharge based on only the military record & circumstances at that time, which makes sense I guess. Why should it matter if you became a holy man after you got a dishonorable, right?
 

RayBurton72

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Joined
Jul 28, 2008
Messages
235
Location
Greensboro, ,
Once I became a NC resident, that voided my VA permit. That was given to me straight from the folks at Hyatt in Charlotte. Stupid me, I was carrying concealed on a VA permit for like a year while I was here and a resident in NC. BAD BAD BAD I was told. They said I could have claimed ignorance, but I would have had to try to convince not one but three people. The state trooper, the district attorney, and then the judge. I was told chances are, one of them would have ran me up the pole. the gun stays on the dash or on the seat in plain view until this permit comes back. Reciprocity while a VA resident, not a NC resident.

Sid

You got bad info. There is nothing in the law that bars an NC resident from carrying on a Non-resident Virginia permit.

The statute on reciprocity (which has no language addressing residency in the state that issued the permit)

§ 14-415.24. Reciprocity; out-of-state handgun permits.
(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina.
(b) Repealed by Session Laws 2011-268, s. 22(a), effective December 1, 2011.
(c) Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state. (2003-199, s. 1; 2011-268, s. 22(a).)

Sounds to me like Hyatt wanted to sell you a concealed carry class..

Sent from my iPad using Tapatalk HD
 
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papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
I think the "honorable" discharge thing is as stupid as the PPP

i once talked to a deputy taht said he didn't even pay attention to the dishonorable discharge, because it could be caused by a lot of nonsense stuff. from being a short AWOL to smacking some a-hole that needed it
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
You got bad info. There is nothing in the law that bars an NC resident from carrying on a Non-resident Virginia permit.

The statute on reciprocity (which has no language addressing residency in the state that issued the permit)

§ 14-415.24. Reciprocity; out-of-state handgun permits.
(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina.
(b) Repealed by Session Laws 2011-268, s. 22(a), effective December 1, 2011.
(c) Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state. (2003-199, s. 1; 2011-268, s. 22(a).)

Sounds to me like Hyatt wanted to sell you a concealed carry class..

Sent from my iPad using Tapatalk HD

Perhaps there is something in the VA CC statute that voids the VA CC permit if the person is no longer a VA resident? :confused:
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
whoa...y'al are comparing apples and onions...

if the OP got their permit while they held a VA DL and VA vehicle license and registration ~ then they were issued a resident permit not a non resident permit. the former would probably become void if and when he got his NC DL and NC vehicle license and registration.

just saying...

ipse
 

carolina guy

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Jun 21, 2012
Messages
1,737
Location
Concord, NC
whoa...y'al are comparing apples and onions...

if the OP got their permit while they held a VA DL and VA vehicle license and registration ~ then they were issued a resident permit not a non resident permit. the former would probably become void if and when he got his NC DL and NC vehicle license and registration.

just saying...

ipse

The "probably" is the sticking point...and from the VA State Police website...it is not really clear if a resident becoming a non-resident voids the resident permit or not. But, I will freely admit to being non-conversant with VA law and will defer to someone who IS conversant with VA law. :)

http://www.vsp.state.va.us/Firearms_ResidentConcealed.shtm#Revocation

And it looks like David might be correct...about all he might have to do is pay the $10 and change his address, or allow them to convert it from a resident to a non-resident permit.
 
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cityjack

New member
Joined
Sep 23, 2014
Messages
10
Location
Granite Falls NC
OTH update

Evening all,

After waiting for my CCW for 70 days here in Caldwell county I finally got the call today. APPROVED, GRANTED, BLESSED with my OTH. So reading the new NC statutes just revised Sept. of 2014, where it says a sheriff is to absolutely deny if the applicant has anything OTHER than an honorable discharge. I am not complaining, don't get me wrong. But how in the heck are we supposed to interpret the law or figure it out?

Picking it up tomorrow.

Just an FYI for all in my boat.

Have a nice night all.

Sid
 

ATM

Campaign Veteran
Joined
Aug 1, 2009
Messages
360
Location
Indiana, USA
Evening all,

After waiting for my CCW for 70 days here in Caldwell county I finally got the call today. APPROVED, GRANTED, BLESSED with my OTH. So reading the new NC statutes just revised Sept. of 2014, where it says a sheriff is to absolutely deny if the applicant has anything OTHER than an honorable discharge. I am not complaining, don't get me wrong. But how in the heck are we supposed to interpret the law or figure it out?

Picking it up tomorrow.

Just an FYI for all in my boat.

Have a nice night all.

Sid

It seems you are misinterpreting the actual code:

§ 14-415.12. Criteria to qualify for the issuance of a permit.
(b) The sheriff shall deny a permit to an applicant who:
(7) Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.

It does not state that "a sheriff is to absolutely deny if the applicant has anything OTHER than an honorable discharge."

OTH discharges may be characterized as under honorable or other than honorable conditions.

If you received an Other Than Honorable discharge (under honorable conditions), there is no cause to deny your permit. It seems you are confusing the level or name of the discharge with the actual conditions.
 

davidmcbeth

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Jan 14, 2012
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earth's crust
It seems you are misinterpreting the actual code:



It does not state that "a sheriff is to absolutely deny if the applicant has anything OTHER than an honorable discharge."

OTH discharges may be characterized as under honorable or other than honorable conditions.

If you received an Other Than Honorable discharge (under honorable conditions), there is no cause to deny your permit. It seems you are confusing the level or name of the discharge with the actual conditions.

Seems reasonable .. but also highlights why states want to mess with anything with the military discharges; the military can, and have in the past, changed its own criteria for what discharges it gives and what circumstances would require this or that type of discharge. So one runs into situations where one guy gets this type of discharge on date Y whereas another guy with the same circumstances gets a different discharge on date X.
 

XD40sc

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Mar 31, 2013
Messages
402
Location
NC
I disagree. The OP should read the statutes because there are places that you cannot OC but can CC, or you can OC w/CHP.

There are places you can CC with a CHP that would still be illegal to OC, with or without a CHP. Having a CHP also simplifies having a handgun in your vehicle.

I know of no place in NC where OC with CHP applies. If you OC in any of the places where OC is not illegal, you don't even need to have any form of ID with you.
 

REDFIVE48

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May 17, 2010
Messages
255
Location
Charlotte, NC
There are places you can CC with a CHP that would still be illegal to OC, with or without a CHP. Having a CHP also simplifies having a handgun in your vehicle.

I know of no place in NC where OC with CHP applies. If you OC in any of the places where OC is not illegal, you don't even need to have any form of ID with you.

assemblies and establishments where alcoholic beverages are sold and consumed are places legal to OC with a CHP according to 14-269.3.
This section shall not apply to any of the following:

(5) A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter . . .

It most certainly doesn't say the handgun must be concealed like 14-277.2 does.

I do it all the time and walked right by a table full of CMPD last time I was in a restaurant that serves alcohol. They looked, but didn't bother interrupting their lunch for not violating the law.
 

XD40sc

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Mar 31, 2013
Messages
402
Location
NC
assemblies and establishments where alcoholic beverages are sold and consumed are places legal to OC with a CHP according to 14-269.3.
This section shall not apply to any of the following:

(5) A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter . . .

It most certainly doesn't say the handgun must be concealed like 14-277.2 does.

I do it all the time and walked right by a table full of CMPD last time I was in a restaurant that serves alcohol. They looked, but didn't bother interrupting their lunch for not violating the law.
Just because a cop didn't react does not mean it is legal. Perhaps this was a table full of cops that actually support the 2A, and didn't react because there was not anti screaming about a man with a gun. Besides you don't interrupt cops during meal break, nor do I blame them, they want to enjoy their lunch just like the rest of us.

I listen to a scanner from time to time, and have heard dispatchers apologize to cops that they have called to respond to something during their meal break (10-99) and call another unit to respond.
 
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cityjack

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Sep 23, 2014
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Location
Granite Falls NC
Misinterpretation?

It seems you are misinterpreting the actual code:



It does not state that "a sheriff is to absolutely deny if the applicant has anything OTHER than an honorable discharge."

OTH discharges may be characterized as under honorable or other than honorable conditions.

If you received an Other Than Honorable discharge (under honorable conditions), there is no cause to deny your permit. It seems you are confusing the level or name of the discharge with the actual conditions.

I guess you are right. Its tough reading those statutes. Confusion was an understatement. Nevertheless, I am a happy camper now.

Have a good holiday all.
 
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