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Thread: Question for the legal expert / strange requirement for purchase permit

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    I went in and applied for a permit to purchase a firearm and after filing out the form, was given an affidavit to have someone else fill out and get NOTORIZED. The wording is as follows:

    I do hereby certify that the above named applicant of a pistol permit in Johnston County is known to me to be a person of good moral character. I am at least 21 years of age. I am not related by blood or marriage to the applicant and I am a legal resident of Johnston County or the county of residence of the applicant.

    So basically the criminal background check that the State requires is insufficient in Johnston County ? How can a local sheriff create requirements on the purchase of a firearm in light of State Statute 14 409 40.

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    He can do so. While the state requires a background check, a permit to buy a gun is at the discretion of the County Sheriff. However, the County Sheriff MUST issue a Concealed permit if you pass the background check.

    Unfortunately, the Sheriff may ask you for anything he wants, so long as it is not morally questionable.

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    I really don't think so: 14-409.40 is pretty clear under section (b)

    Unless otherwise permitted by statute, no county or municipality , by ordinance,resolution, or other enactment, shall regulate any manner the possession, ownership, storage,transfer,sale, purchase,licencing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms or dealers in handguns components or parts.


    Clearly the sheriff is demanding that a citizen get an affidavit that is not authorized by State law. He can't come up with his own "requirements" for the purchase of a firearm nor can he deny an purchase permit , unless the person is an convicted felon, has been convicted of domestic abuse (restraining order) or ruled mentally incompetent. So no the granting of a purchase permit is not at the sheriff's discretion, it's clearly regulated by State law. Anyway I called the Attorney Generals office today and will be filing a formal complaint with that office on Monday. I will advise on the outcome of this.





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    § 153A‑129. Firearms.

    A county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place except when used to take birds or animals pursuant to Chapter 113, Subchapter IV, when used in defense of person or property, or when used pursuant to lawful directions of law‑enforcement officers. A county may also regulate the display of firearms on the public roads, sidewalks, alleys, or other public property. This section does not limit a county's authority to take action under Chapter 14, Article 36A. (1973, c. 822, s. 1; 2006‑264, s. 16.)



    As we have seen time and time again, the County over-steps boundaries using this statute as a defense to unjust regulations. It does not specifically state the duties required to optain a permit, but it also does not stop additional requirements.

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    Yea that was going on back in the 90's when I lived in Johnston County. I found it strange, but that's what the sheriff wanted so I had it signed by a friend.

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    Johnston-Wake COPTF wrote:
    § 153A‑129. Firearms.

    A county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place except when used to take birds or animals pursuant to Chapter 113, Subchapter IV, when used in defense of person or property, or when used pursuant to lawful directions of law‑enforcement officers. A county may also regulate the display of firearms on the public roads, sidewalks, alleys, or other public property. This section does not limit a county's authority to take action under Chapter 14, Article 36A. (1973, c. 822, s. 1; 2006‑264, s. 16.)



    As we have seen time and time again, the County over-steps boundaries using this statute as a defense to unjust regulations. It does not specifically state the duties required to optain a permit, but it also does not stop additional requirements.
    The statute you quoted actually has nothing to do with purchase permits period.
    I wasn't disputing a localities right to regulate discharge of a firearm. By the way local governments can only regulate "display" or carrying of firearms on their property, not out and about the community.

    Like I said earlier 14 409.40 is very clear. The whole purpose was State preemption, you don't seem to have a grasp of that.

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    I am not even going to defend this.

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    If you dont know another human being who is willing to vouch for you by saying that you are competent and sane enough to own a handgun, then I wouldn't allow you that privilege either.

    And in New Haven County, the requirement is four people, not one.

    Relax a little.

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    BRobb19 wrote:
    If you dont know another human being who is willing to vouch for you by saying that you are competent and sane enough to own a handgun, then I wouldn't allow you that privilege either.

    And in New Haven County, the requirement is four people, not one.

    Relax a little.
    That is not the point. It's an illegal infringement of our second amendment rights.
    It's NOT a privilege, it's a RIGHT. I can't believe you even used the word privilege. The educational system down here must be really bad. No wonder the slave mentality here tends to flourish. Lot's of ignorance.

    Think about it, other people (who can even be convicted felons as no check is done on them) can sign an affidavit "allowing" me to buy a gun, when I have already passed the State / Federal required background check. This illegal requirement accomplishes nothing in the interest of public safety .


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    no carry permit ? wrote:
    That is not the point. It's an illegal infringement of our second amendment rights.
    It's NOT a privilege, it's a RIGHT. I can't believe you even used the word privilege. The educational system down here must be really bad. No wonder the slave mentality here tends to flourish. Lot's of ignorance.

    Think about it, other people (who can even be convicted felons as no check is done on them) can sign an affidavit "allowing" me to buy a gun, when I have already passed the State / Federal required background check. This illegal requirement accomplishes nothing in the interest of public safety .
    Well, if your going that far, why not just fight the fact that you need toobtain a license in the first place. And, as far as schools are concerned, more people from the "South" have Graduate degrees than people in the "North." Before you get all high and mighty on me, I am a college graduate and grew up in NY.

    Just to let you know, youused the wrong usage of, "bad" and"lot's." Replace the word "bad" with poor, and "Lot's" is slang. And finally, a background check to purchase a firearm is a Federal requirement, not a State requirement. Now, what were you saying about education?

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    Bummer! You Tarheels actually need permission from the sheriff to purchase a firearm? To whom to you apply for permission to purchase a word processor, cell phone or automobile?

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    no carry permit ? wrote:
    BRobb19 wrote:
    If you dont know another human being who is willing to vouch for you by saying that you are competent and sane enough to own a handgun, then I wouldn't allow you that privilege either.

    And in New Haven County, the requirement is four people, not one.

    Relax a little.
    That is not the point. It's an illegal infringement of our second amendment rights.
    It's NOT a privilege, it's a RIGHT. I can't believe you even used the word privilege. The educational system down here must be really bad. No wonder the slave mentality here tends to flourish. Lot's of ignorance.

    Think about it, other people (who can even be convicted felons as no check is done on them) can sign an affidavit "allowing" me to buy a gun, when I have already passed the State / Federal required background check. This illegal requirement accomplishes nothing in the interest of public safety .
    Alright, well then let's just give every person who has $5 a permit to buy a handgun. That way at least you will feel better.

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    BRobb19 wrote:
    If you dont know another human being who is willing to vouch for you by saying that you are competent and sane enough to own a handgun, then I wouldn't allow you that privilege either.

    And in New Haven County, the requirement is four people, not one.

    Relax a little.
    Lax attitudes like this are why we are in the position we are now.

    Would you feel as "relaxed" about the requirement if you were required to get a statement of your character (or four) every time you wished to write a letter to the editor of the local paper or check a book out from the library?

    After all the pen is mightier than the sword (or gun in this example) We can't have people just spewing out random ideas now can we.




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    glock30 wrote:
    BRobb19 wrote:
    If you dont know another human being who is willing to vouch for you by saying that you are competent and sane enough to own a handgun, then I wouldn't allow you that privilege either.

    And in New Haven County, the requirement is four people, not one.

    Relax a little.
    Lax attitudes like this are why we are in the position we are now.

    Would you feel as "relaxed" about the requirement if you were required to get a statement of your character (or four) every time you wished to write a letter to the editor of the local paper or check a book out from the library?

    After all the pen is mightier than the sword (or gun in this example) We can't have people just spewing out random ideas now can we.


    Exactly ! , Glock 30 thank you for bringing an rational view point. At least those with a slave mentality can see what freedom sounds like from your post.

    Apparently we have two statues in North Carolina that conflict in my view. While 14-409-40 is pretty clear, the statute on purchase requirements conflicts with it. Not real sure what our State legislature is thinking, but then I finding this is somewhat prevalent in the South. We need more 100% pro -gun folks in the legislature.

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    Johnston-Wake COPTF wrote:
    no carry permit ? wrote:
    That is not the point. It's an illegal infringement of our second amendment rights.
    It's NOT a privilege, it's a RIGHT. I can't believe you even used the word privilege. The educational system down here must be really bad. No wonder the slave mentality here tends to flourish. Lot's of ignorance.

    Think about it, other people (who can even be convicted felons as no check is done on them) can sign an affidavit "allowing" me to buy a gun, when I have already passed the State / Federal required background check. This illegal requirement accomplishes nothing in the interest of public safety .
    Well, if your going that far, why not just fight the fact that you need toobtain a license in the first place. And, as far as schools are concerned, more people from the "South" have Graduate degrees than people in the "North." Before you get all high and mighty on me, I am a college graduate and grew up in NY.

    Just to let you know, youused the wrong usage of, "bad" and"lot's." Replace the word "bad" with poor, and "Lot's" is slang. And finally, a background check to purchase a firearm is a Federal requirement, not a State requirement. Now, what were you saying about education?
    Typical New Yorker, and probably a cop.

    Yep, I use lots of slang on the BB's, most folks do. State law requires a background check as well (they just over lap). The State required background check also requires a 7 day waiting period. Some States (like Virginia) have an instant background check and NO 7 day waiting period. More graduate degrees in the south ? Sure depends on what State's marketing brochure you are looking at. My experience is that the further south you go the dumber the people get in general (not always). The schools here are a real problem. That's while there are so many private schools. It's not always an educational issue either, there are tons of very educated people that can't get a job. I know more than one english major that can't seem to leave the ranks of the unemployed. Then I see a buddy with a few tow trucks, and a eight grade education living in a $800,000 home. Funny how that seems to work.

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    Typical New Yorker. I love it! What exactly is a "typical New Yorker?" We New Yorkers are wondering.

    People from the south are "Country Dumb." They are far more intelligent than the let on. Majority of the time, the aim is to see how full of "talk" other people are. Funny how people in the South are so "dumb" yet there are more foreclosures in the North. Hmmm.

    This back and forth is off topic, but...Yes, the economy is in the sh*tter, butboth gas stations near my house have help wanted signs up. If you have a BA or an MA and you looking for an executive-type job, well your out of luck. Go pump gas, at least it will put food on the table.



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