NC CCH restoration after being revoked

obiwon · Apr 5, 2017

Thanks in advance. Found a post from 2012 but it wasn't much help.

Looking for form to use to petition judge as per NCGS 14-415.18(a1). Local Clerk of Court couldn't find any area Clerks who knew either. Any other info appreciated.

My CCH permit was revoked after bogus legal charges last August. Charges finally dismissed 4-3-17.

I am on disability and do not have funds for an attorney. I should have certified copies of the court proceedings dismissing the charges in next 2 weeks.

Thanks again.

solus · Apr 5, 2017

obiwon said:
Thanks in advance. Found a post from 2012 but it wasn't much help.

Looking for form to use to petition judge as per NCGS 14-415.18(a1). Local Clerk of Court couldn't find any area Clerks who knew either. Any other info appreciated.

My CCH permit was revoked after bogus legal charges last August. Charges finally dismissed 4-3-17.

I am on disability and do not have funds for an attorney. I should have certified copies of the court proceedings dismissing the charges in next 2 weeks.

Thanks again.

while not a lawyer, my reading is the sheriff denyed due to whatever cause, you have paperwork showing there isn't an issue, so go back to the sheriff and either reapply but if funds are scarce, ask the sheriff to reinstate your original CHP application for processing and for their positive 'shall issue' consideration based on your documentation.

if still denyed, then draft a letter to the court respectfulling requesting their review of the situation based on your new evidence and send it in be certifed mail.

at this point is not a prohibited person, oc.

remember i am not an attorney

let us know your outcome.

ipse

obiwon · Apr 5, 2017

Not the way restoration works. General Statute says you must petition a judge. Looking g for help with proper form to petition and any relevant info. Thanks anyway.

solus · Apr 5, 2017

obiwon said:
Not the way restoration works. General Statute says you must petition a judge. Looking g for help with proper form to petition and any relevant info. Thanks anyway.

then i wish you well in your quest for a form and sorry my information didn't meet your perceived needs!

best

ipse

American Patriot · Apr 7, 2017

I think these links will help you. The first gives information and the second is the proper form.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html

http://www.nccourts.org/forms/Documents/1243.pdf

obiwon · Apr 7, 2017

Thanks. Not sure this is the right one but it looks promising. My firearms rights weren't terminated. My Conceal Carry Handgun Permit was revoked at sheriff's discretion after charges that would have prevented me from having the permit If convicted.

Will run it by the Clerk of Court.

Thanks.

countryclubjoe · Apr 7, 2017

OP, while my post will not lend any assistance to your immediate issue at bar. It will allow me a short platform for arguing my theory that the government is indeed slowly attempting to turn our God given and Constitutional right into a mere " Government Issued Privilege".

To wit, Sheriff's Discretion"-- What exactly does that mean? When, where and how, did a Sheriff/another human, acquire the authority to deny a person
of his God-given right to protect said persons right to defend
his/her and his/her family's life?.. A clear violation of God's law, in my humble opinion.

Constitutionally, when did said Sheriff acquire the authority to violate a citizens " right to due process" when did said sheriff acquire the authority to be Judge and Jury?..

The answer obviously is from a tyrannical government, a government that is slowly via quasi rules and regulations etc, transferring a God-given natural Right and a Federal Constitutional Right into a " Government Issued Privilege".. And unfortunately they are succeeding in their quest!.

My .02

OP, Good health and Good luck!

Regards
CCJ

obiwon · Apr 7, 2017

countryclubjoe, I agree.

This process is written into the law: NCGS 14-415.18 . A number of causes may result in revocation by sheriff after a hearing. A number of causes require the revocation after a hearing. In my case the "hearing" was just a formality as our sheriff revoked all who go to this hearing instead of just surrendering the CCH permit.

My charges fell into the "may revoke" catagory.The detective in charge of this hearing was stupid enough to admit this policy of revoking all to me. She also lied multiple times stating the law required revocation. I was threatened with arrest for pointing out this distortion of the general statute even after she admitted I was right. Then she returned to the lie, which I pointed out. She also said this was what our attorney general's office told them they should do.

Now that my legal ordeal is over, I plan to have a chat with our high sheriff. I also plan to work to get a new sheriff elected. The attorney general's office is also on my to do list as well as my state representatives and senator. I sent a message to the attorney general's office via their website concerning the same questions I posted here. No answer. Elected officials and our employees should do better.

countryclubjoe · Apr 7, 2017

obiwon said:
countryclubjoe, I agree.

This process is written into the law: NCGS 14-415.18 . A number of causes may result in revocation by sheriff after a hearing. A number of causes require the revocation after a hearing. In my case the "hearing" was just a formality as our sheriff revoked all who go to this hearing instead of just surrendering the CCH permit.

My charges fell into the "may revoke" catagory.The detective in charge of this hearing was stupid enough to admit this policy of revoking all to me. She also lied multiple times stating the law required revocation. I was threatened with arrest for pointing out this distortion of the general statute even after she admitted I was right. Then she returned to the lie, which I pointed out. She also said this was what our attorney general's office told them they should do.

Now that my legal ordeal is over, I plan to have a chat with our high sheriff. I also plan to work to get a new sheriff elected. The attorney general's office is also on my to do list as well as my state representatives and senator. I sent a message to the attorney general's office via their website concerning the same questions I posted here. No answer. Elected officials and our employees should do better.

I, fully understate that you are some what strapped financially and feel helpless in this matter.. I shall research NCGS 14-415.18 for any constitutional violations thereof.. The fact that you were threatened with arrest for simply pointing out the obvious could in my opinion fall under U.S.C. title 18 sections 241 and 242, for violations of rights under color of law and and deprivation of rights under the Federal constitution.. The problem is finding a righteous barrister that would take your case on contingency along with taking on the establishment ( good luck with that)..

My .02

Again Sir, good health and good luck with your issue.
Regards
CCJ

obiwon · Apr 7, 2017

Thanks.

countryclubjoe · Apr 8, 2017

obiwon said:
Thanks in advance. Found a post from 2012 but it wasn't much help.

Looking for form to use to petition judge as per NCGS 14-415.18(a1). Local Clerk of Court couldn't find any area Clerks who knew either. Any other info appreciated.

My CCH permit was revoked after bogus legal charges last August. Charges finally dismissed 4-3-17.

I am on disability and do not have funds for an attorney. I should have certified copies of the court proceedings dismissing the charges in next 2 weeks.

Thanks again.

The district court clerk should have the proper motion packet needed for you to file with the district court, seems odds that they would not possess said packet..

Regards
CCJ

Va_Nemo · Apr 9, 2017

Check with the local legal aid services.

Look into the law schools in the area. Very strong likelihood they have a legal assistance program. You may get some assistance there. You may find there is a student in that program with similar views who would be game to help you out. Situations like yours I suspect are rare and would give them a new thing to work on and learn from.

Call state bar. There is probably a referral program through them that will get you a very good cost on initial consultations. You may find the referral or someone he/she knows that can do that for you for minimal or no cost.

Nemo

obiwon · Apr 10, 2017

Thanks.

Clerk of Court in my county and surrounding counties haven't had this come up. There is little info (purposefully I feel to discourage doing such things without a lawyer). This makes their jobs harder. No packets.

Our legislature writes laws without thought to implementation. For instance there is no consistent definition for assault in the state nor in districts. The laws were rewritten a few years ago. I was assaulted a while back by family. Tried to find out if what they did met the definition. Duh. Attorney General's office double talked a bit then passed me to a lawyer in their office. She said 'each county had their own definition." Direct quote.

No law school close - but will keep in mind if I get nowhere soon. Hopefully with the form(s) I can get before a judge. The only thing they can rule on is whether I have been convicted of a crime that would disqualify me from having a permit or a prayer for judgement of something that would disqualify me. I fall in neither catagory.

Thanks again.

solus · Apr 10, 2017

assault by a family member ?

ipse

countryclubjoe · Apr 10, 2017

solus said:
assault by a family member ?

ipse

And the Saga continues..

deepdiver · Apr 16, 2017

I still do not see how the cost, time and investment to obtain, renew and, if necessary, reinstate a concealed carry license is not legally equivalent to a poll tax.

obiwon · Apr 19, 2017

Completed form, a letter explaining my petition for reinstatement, and a copy of general statute are in the hands of a district judge. Local Clerk of Court did his part on the form and hand delivered to judge.

Hope to have restoration done today.

countryclubjoe · Apr 19, 2017

obiwon said:
Completed form, a letter explaining my petition for reinstatement, and a copy of general statute are in the hands of a district judge. Local Clerk of Court did his part on the form and hand delivered to judge.

Hope to have restoration done today.

Outstanding!.. Please keep us posted. Good luck.

CCJ

deepdiver · Apr 19, 2017

obiwon said:
Completed form, a letter explaining my petition for reinstatement, and a copy of general statute are in the hands of a district judge. Local Clerk of Court did his part on the form and hand delivered to judge.

Hope to have restoration done today.

Wonderful news. Good luck!

obiwon · May 4, 2017

Judge did order the day after I last posted, but misworded it. Court the following day was cancelled for reasons I wasn't told. For some silly reason, that particular judge now has to fix it. He hasn't been back since - they rotate the judges within the district. Clerk's office either doesn't know when he'll be back or won't tell me. Going back to Clerk Monday. Arrrrg.

NC CCH restoration after being revoked

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