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Thread: Lost my ccw after 18 years, Cabarrus County

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    Lost my ccw after 18 years, Cabarrus County

    Quote Originally Posted by Adam H View Post
    Cabarrus County doesn't look so good for getting a CCW permt. I called down to ask when I could apply for a permit. The Sergeant over CCW permits started asking me for my name, address, phone numbers, SS#, DL#. I didn't want to give out my SS#, but she said it was necessary to enter me into the system for the background check. I also thought that she was going to start the application process over the phone. Then she asked for 3 references. I said state law didn't allow them to ask for references. She said that their policy was to require 3 references and that state law set the minimum requirements and they were free to go beyond that. I lost my cool and started ranting about how they didn't have the authority to go beyond state law. I finally got fed up and hung up.

    After about 10 minutes, I calmed down and called back and apologized for getting angry. I repeatedly stated my opposition to giving references and asked if I could apply and get denied for not providing references. She couldn't understand why I would want to waste $90 just to get denied.She also asked if I was unable to provide references. I said I could but I didn't want to because I didn't have to. She said she would have to check with the Sheriff to see if he would even accept the application without the references.

    A few hours later she called me back. She said she hadn't checked with the Sheriff yet, but that she was going to call the Attorney General's office before she asked the Sheriff. She also said that she checked their records, and I was on file because I got a purchase permit last year. She said I didn't need references because of this but still wanted to know why I didn't want to give references for a CCW but I did give them for a purchase permit. I told her that the Sheriff had the authority to ask for references before issuing a purchase permit. However for a CCW, he is required to issue a permit if the applicant meets the criteria. I started to read the statute and she cut me off saying that this was her job and she knew the requirements. She said she was still going to check with the AG but that I could come down that afternoon and apply. I told her I had to go to work and I would be down there on Wednesday.

    Also, for anyone in Cabarrus County, starting June 1, you're going to have to make an appointment to apply for a CCW. Their phone prompt says you have to make an appointment now, but it doesn't start until June 1. Unless I'm mistaken, this will apply for renewals too. I can only hope that Cabarrus County wont become like Guilford(I think) where they say you have to wait 6 months before you can even apply.
    well I don't know were to go after 18 years as a citizen I have been denied by sgt sue Johnson because of something done 18 years ago(not a felony) that the sheriff at the time sign off on stating that it was not a big problem , and I have renewed it 3 times and at the July renewal she decided to cancel my ccw, I am a senior citizen and a Viet nam veteran and a clean citizen , can anybody tell me how I can get legal help the lawyers will help me for about $1000 dollars and no guaranty that I will win ? I am so frustrated to say the least I have been trying to get help since July of 2014, can any one tell me if there is free legal help in Cabarrus county nc
    Last edited by Grapeshot; 02-03-2015 at 12:51 PM. Reason: fixed title

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    Welcome, Richard, to OCDO. I've asked the moderator to make a new thread for your post.
    I am responsible for my writing, not your understanding of it.

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    Moderator / Administrator Grapeshot's Avatar
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    Welcome Richard. The solution might be so simple as to be found in discussing the problem with the Sheriff, not the Sgt.

    Insofar as legal representation - attorneys generally do not charge for the initial consultation.

    BTW - in NC the permit is a CHP = concealed handgun permit.
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    Regular Member The Truth's Avatar
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    Open carry instead. Problem solved. (I know, I know, not really.)
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    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
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    Campaign Veteran skidmark's Avatar
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    Welcome, Richard c, to OCDO. Although our focus in on Open Carry the trampling of rights is a fair subject for discussion.

    http://www.ncga.state.nc.us/EnactedL...14-415.15.html sets forth the criteria for the issuance of a permit:

    § 14-415.15. Issuance or denial of permit.
    (a) Except as permitted under subsection (b) of this section, within 45 days after receipt of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny the permit. The sheriff may conduct any investigation necessary to determine the qualification or competency of the person applying for the permit, including record checks.
    (b) Upon presentment to the sheriff of the items required under G.S. 14-415.13 (a)(1), (2), and (3), the sheriff may issue a temporary permit for a period not to exceed 45 days to a person who the sheriff reasonably believes is in an emergency situation that may constitute a risk of safety to the person, the person's family or property. The applicant may submit proof of a protective order issued under G.S. 50B-3 for the protection of the applicant as evidence of an emergency situation. The temporary permit may not be renewed and may be revoked by the sheriff without a hearing.
    (c) A person's application for a permit shall be denied only if the applicant fails to qualify under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff shall, within 45 days, notify the applicant in writing, stating the grounds for denial. An applicant may appeal the denial, revocation, or nonrenewal of a permit by petitioning a district court judge of the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal. The determination by the court shall be final. (1995, c. 398, s. 1; 2005-343, s. 1; 2011-268, s. 17.)
    As you already have indicated, the providing of references is not one of the criteria of the Article.

    The petition for a hearing before the district court Judge should not require the services of an attorney. Virginia has a similar provision and it has been used successfully many times by the petitioner stating that they meet the criteria for issuance of a permit, they are not disqualified as listed in the statute, and that therefore any grounds the sheriff has stated for denial of the permit are immaterial.

    Have you contacted Grass Roots North Carolina www.grnc.org to see what direct or indirect assistance they might be able to provide? Sometimes direct communication with the sheriff from GRNC leadership can clear up the matter. Sometimes communication with the sheriff from a pro bono attorney can clear up the matter. See http://www.grnc.org/resources/gun-friendly-lawyers for other attorney resources. Several practice in Carrabus County.

    It's none of our business to allow our curiosity to get the better of us and ask what happened 18 years ago. Nor should it be the business of the sheriff, unless it was a conviction for a felony or some other disqualifying event. There are some civil (non-criminal) disqualifiers that have time limits or may require separate court action to reverse. If that's the case, get that taken care of and then apply.

    stay safe.
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    Regular Member FreeInAZ's Avatar
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    Lost my ccw after 18 years, Cabarrus County

    ^^^This! +1 Skid
    Last edited by FreeInAZ; 02-03-2015 at 03:06 PM.
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    Would costs and/or attnys fees be recoverable?

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Would costs and/or attnys fees be recoverable?
    There is nothing in the statutes that says they are. That being said, one can always petition for them either in the original filing or in a follow-up after a positive ruling. But if unsuccessful one has merely added what is most likely a larger expense on top of what should be a rather minimal expense if going pro se.

    However, since the statutes do not say that the sheriff, if losing the case, must pay the probability of recovering is pretty low.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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