Hi Guys..i hav'nt posted on the NC forums before...im thinking about moving to Tarboro NC from Arizona...imNOT a US citizen..but i am a permanent resident with a AZ CCW...i have been doing a little research on the net and keep finding diff' info...some say i cant own/carry a handgun in NC asi must bea US citizen...then other sites say i can....i want to bring my handguns with me when/if i do move...can someone please help me out here...thanks ,John
The sheriff has ninety (90 )days from the time all application materials are received to either issue or deny a permit. N.C. Gen. Stat. § 14-415.15(a) In order for an applicant to be approved, he/she must:
1. be a citizen of the United States;
2. have been a resident of the State of North Carolina for not less than 30 days immediately preceding the filing of the application;
3. be at least 21 years of age;
4. not suffer from any physical or mental infirmity that prevents the safe handling of a handgun; and
5. have successfully completed an approved firearms training course (unless specifically exempted from the course by state law).
N.C. Gen. Stat. § 14-415.12(a)(1-5)
The sheriff must deny the permit if certain prohibitions exist. The application must be denied if the applicant:
is ineligible to possess or receive a firearm under federal or state law;
is under indictment or against whom a finding of probable cause exists for a felony, or has ever been adjudicated guilty in any court of a felony;
is a fugitive from justice;
4. is an unlawful user of or addicted to marijuana, alcohol, or any depressant, stimulant or narcotic drug, or any other controlled substance;
5. is currently, or has previously been 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 consultive services or outpatient treatment alone shall not disqualify an applicant;
6. has been discharged from the U.S. armed forces under conditions other than honorable;
7. has been convicted of an impaired driving offense under N.C.G.S. §§ 20- 138.1, 20-138.2 or 20-138.3 within three (3) years prior to the date of application submission;
8. has had an entry of Prayer for Judgment Continued for a criminal offense which would disqualify the applicant from obtaining a concealed handgun permit;
9. is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him/her from obtaining a concealed handgun permit; or
10. has been adjudicated guilty, or received Prayer for Judgment Continued or suspended sentence for one (1) or more crimes of violence constituting a misdemeanor, including, but not limited to, a violation of an offense under Article 8 of Chapter 14 of the North Carolina General Statutes; (This encompasses most assault offenses).
11. or a violation of a misdemeanor under the following provisions of the North Carolina General Statutes: N.C.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, or 14- 415.21(b), or 14-415.26(d). (see Appendix for a brief description of these disqualifying offenses.)
N.C. Gen. Stat. § 14-415.12(b)(1-11)
Requirements for denial for handgun purchase permit.
North Carolina law further specifies that a permit may not be issued to the following:
a. An applicant who is under an indictment, or information for, or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to anti-trust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony and is later pardoned may obtain a permit, if the purchase or receipt of the pistol or crossbow does not violate the conditions of the pardon;
b. The applicant is a fugitive from justice;
c. The applicant is an unlawful user of or addicted to marijuana, any depressant, stimulant, or narcotic drug;
d. The applicant has been adjudicated incompetent or has been committed to any mental institution;
e. The applicant is an alien illegally or unlawfully in the United States;
f. The applicant has been discharged from the U.S. armed forces under dishonorable conditions;
g. The applicant, having been a citizen of the United States, has renounced their citizenship;
h. The applicant is subject to a court order that:
(1) was issued after a hearing of which the applicant received actual notice, and at which the applicant had an opportunity to participate;
(2) restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(3) includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.
N.C. Gen. Stat. § 14-404
This may be of interest as well.
As previously mentioned, federal law prohibits aliens who are illegally in the United States from receiving or possessing firearms. Additionally, subject to certain exceptions, aliens who are in a non-immigrant status are prohibited from possessing or receiving firearms. 18 U.S.C. § 922(d)(5) Therefore, sheriffs must make additional inquiries of applicants for pistol purchase permits to determine their alien status. The sheriff must first determine if the applicant is a citizen. If the applicant is not a citizen, the sheriff must obtain additional information on the person to include their country of citizenship; place of birth; and alien or admission number. If applicable ,the sheriff may have to determine the basis of any claimed exemption from the non-immigrant alien prohibition. For example, a non-immigrant alien could possess or receive a firearm if he/she is in possession of a valid hunting license issued in the United States; is an official representative of a foreign government accredited to the United States; or has received a waiver by the United States Attorney General. 18 U.S.C. § 922(y)