Denial of 2nd and 14th Amendment Rights

§ 14‑415.12. Criteria to qualify for the issuance of a permit.
(a) The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria:
(1) The applicant is a citizen of the United States and has been a resident of the State 30 days or longer immediately preceding the filing of the application.
(2) The applicant is 21 years of age or older.
(3) The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.
(4) The applicant has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the laws of this State governing the carrying of a concealed handgun and the use of deadly force. The North Carolina Criminal Justice Education and Training Standards Commission shall prepare and publish general guidelines for courses and qualifications of instructors which would satisfy the requirements of this subdivision. An approved course shall be any course which satisfies the requirements of this subdivision and is certified or sponsored by:
a. The North Carolina Criminal Justice Education and Training Standards Commission,
b. The National Rifle Association, or
c. A law enforcement agency, college, private or public institution or organization, or firearms training school, taught by instructors certified by the North Carolina Criminal Justice Education and Training Standards Commission or the National Rifle Association. Every instructor of an approved course shall file a copy of the firearms course description, outline, and proof of certification annually, or upon modification of the course if more frequently, with the North Carolina Criminal Justice Education and Training Standards Commission.
(5) The applicant is not disqualified under subsection (b) of this section.
(b) The sheriff shall deny a permit to an applicant who:
(1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.
(2) Is under indictment or against whom a finding of probable cause exists for a felony.
(3) Has been adjudicated guilty in any court of a felony.
(4) Is a fugitive from justice.
(5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.
(6) Is currently, or has been previously adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.
(7) Is or has been discharged from the armed forces under conditions other than honorable.
(8) Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, 14‑288.12, 14‑288.13, 14‑288.14, 14‑318.2, 14‑415.21(b), or 14‑415.26(d).
(9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.
(10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.
(11) Has been convicted of an impaired driving offense under G.S. 20‑138.1, 20‑138.2, or 20‑138.3 within three years prior to the date on which the application is submitted. (c) An applicant shall not be ineligible to receive a concealed carry permit under subdivision (6) of subsection (b) of this section because of involuntary commitment to mental health services if the individual's rights have been restored under G.S. 122C‑54.1. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997‑441, s. 4; 2007‑427, s. 5; 2008‑210, s. 3(b).)

Click to expand...

Grapeshot: this is not the first open forum that I have posted to. I am not looking for 100% approval or blind acceptance or run a pity party withany of my posts. So I would appreciate it very much if you don't try topatronize me. If you read my initial post, I think you would see that I posted here to possibly receive tips, advice, opinions, etc.But what I took from your post, and I call it like I see it, you were notinterestedin my post, but more the way Iconduct my bussiness, which is absolutely none of your concern. As far as how I choose to forward information,I would rather fold it up into a paper airplane and try to fly it to New Orleans myself than to use the Postal Service. Also, I am very much aware of the security issues surrounding email. Onemore thing, I am not so sensitive or thin skinned that I cannot accept constructive criticism when intended as such. Before I started posting on this site, I read a lot of interesting and informativeposts from a lot of different people. And since I started posting, I have had some good natured conversations as well as receive somegood information. That is why I like to post in here. If I wanted to be embroiled in constant contraversy in an open forum, I could do that on the rag site right here at home. But I don't.I enjoy communicating with people that share the sameinterests and concerns that I do, and I intend to keep it that way.

Click to expand...

Mekender-- I know this regulation by heart. It is straight out of NC General Statute Article 54B. Like I have said before, these are not rational people that I am dealing with. They live by their ownbook of rules, not the written laws of NC. But the politics surrounding this issue are so thick that you can cut it with a knife. Therein lies my problem. I cannot get the attention of anyone that is not scared to be politically incorrect, except myself.Plusthe political climate for the 2a is terrible around here. There is onlyone way to remedy this situation and that is out of court. If you read Section 37, Paragraph (2) of the North Carolina State Constitution it says: quote--Nothing in this section shall be construed as creating a claim for money damages against the State, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. end quote. But see, I am not seeking to reap monetary gains from this. The NC Constitution also states in Article VII, section 2, that a duly elected sheriff is subject to removal for cause as provided by law.I realize that I am being quite evasive about certain issues herebut I am not purposelyholding a carrot on a stick in front of anybody's nose either. I just can't overplay my hand. Believe me when I say that I pay close attention to every post that all of you make to me concerning this issue. I already have the case built, andready to present and I am the only one that can take these people down, inthe way it should be done. I have painstakingly positioned myself just for that.If i could only garner "any" support from the ones that I am paying to support my 2a rights, I could end this anti justice in a matterof hours and never set foot in a courtroom. The "facts" are: my background is squeaky clean and my case is airtight. I did not choose this battle, but I damn sure intend to see it through. I fully intend to take this fight to these people myself, but not having anyone in my corner but myself is the very thing these people will feed off of regardless of how strong my case is. That is just how unscrupulous this county government really is! Thanks for responding to my post. Coldshot

Click to expand...