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Thread: Anyone here a lawyer??

  1. #1
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    I am looking for someone who is a lawyer and can answer a few questions . I have been in charlotte NC for about a year and a couple months now and am looking to get my PPP but there are some concerns about the application. for where it says Have you been arrested and if so for what. I have been arrested one time in my life 6 years ago in NJ for a serious felony that never made it past arraignment the charges were dropped. I have no problems putting yes but would rather not have to say what it was for and dont think its fair to have that on my record. I dont want them to deny my application over something that was dropped and i was not charged with but they might deny because of there own feeling. If someone could give me some info and would like a little more info on what happened i would talk in private on that matter but any regular info would be appreciated.

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    I don't recall our permit forms asking if you've ever been arrested, just convicted. If you were not convicted (or possibly adjudicated), it's none of their business.

    Edit - I just read your application for Mecklinberg, different than ours in Onslow county. I don't know if I would put it down or not, personal decision I suppose. If you are denied because of an arrest that did not lead to a conviction, it should be a pretty straight forward appeal. If you are denied for lying about it, it could make things harder.

  3. #3
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    I was gonna just put it on there i just think it would be wrong to deny me over it and i hope it doesnt come to that. Im new to all this so i just worry about it.

  4. #4
    Regular Member Dreamer's Avatar
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    I'm 100% with CarryOpen on this one. It would be WAY easier to appeal a denial you got because you were truthful than to appeal a denial because you lied and got found out...

    But IANAL (I Am Not A Lawyer), so my advise is worth exactly what you paid for it.

    Good luck...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  5. #5
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    Why not just get aCC permit? Then you can buy all you want.

    G.S. 14-415.12 Page 1

    § 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

    G.S. 14-415.12 Page 2

    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, 14-277.3A, 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), 14-415.26(d), or former G.S. 14-277.3.

    (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); 2009-58, s. 1.)

  6. #6
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    I was considering that just sucks gotta pay like 90 for class and then 90 for the application which is non refundable even if your denied. And the PPP is only 5 bucks .

  7. #7
    Regular Member Dreamer's Avatar
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    Yes, but if you have the CHP, you don't ever have to buy a HPP again (it exempts you from that requirement), and you can carry in your car with you rgun on you rhip in a holster (where it belongs--not laying on the seat), and you can carry concealed in 30 other states. And it's good for 5 years.

    I don't see the drawback to getting a CHP...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    The wait is the only drawback imo.

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    Jerry1981 wrote:
    I was considering that just sucks gotta pay like 90 for class and then 90 for the application which is non refundable even if your denied. And the PPP is only 5 bucks .
    But NC is a SHALL ISSUE state which means if you meet the requirements they have to issue you a permit.

  10. #10
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    CarryOpen wrote:
    The wait is the only drawback imo.
    I received my permit in less than 4 weeks...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    The reports I've had from around here were all much closers to the full 90 days. I know other people who live out your way who said they got theirs within weeks also. I guess it depends on the sheriff.

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    My biggest concern basically was spending all that money to be denied for something i was arrested for but not convicted because it asks if you have been arrested and what for I thought they might deny me because he didnt like what i was arrested for regardless that the case was completely dropped like 2 weeks later

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    Just look at my post above, it tells you all the reasons you can be denied. If you meet all the requirements he has to issue you a permit.

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    In 2001 I was arrested in FL. The charge that I went to court for was "Accessory after the fact to criminal mischief"

    When I went to get by CHP in Guilford County, it popped up and they said that it showed as a felony arrest. It was only because the lady called the county where it happened and they set it straight. Apparently I was arrested for a felony but charged with a misdemeanor.

    If I were you, I would disclose it and tell them exactly what happened. Getting caught lying is one thing and would be a pain in the ass... Getting charged with perjury or knowingly giving a false statement could land you with a felony conviction.

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    Regular Member rotorhead's Avatar
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    I would also include the info, and also state on the form somewhere that the charges were dropped (however you want to word that) and that you would be happy to discuss the matter with them further upon request.

    I agree with the thinking that it will be easier on an appeal (if it comes to that) if you were honest up front instead of having to explain why you left it blank or said no to the question.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by adamfletcherr View Post
    ....snip....
    Quote Originally Posted by mekender View Post
    ....snip....
    Quote Originally Posted by rotorhead View Post
    ....snip....
    Darn guys - the OP's original query is 13 months old and the last previous posts here were a year past.

    He has obviously chosen to not respond on this thread. He has made a few other posts relating to problems elsewhere which can be viewed via his profile/list of postings.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  17. #17
    Regular Member rotorhead's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Darn guys - the OP's original query is 13 months old and the last previous posts here were a year past.

    He has obviously chosen to not respond on this thread. He has made a few other posts relating to problems elsewhere which can be viewed via his profile/list of postings.
    Well hell, remind me never to browse anything online again while in a hurry. Didn't realize it upset the harmony of the room so badly.

  18. #18
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    Quote Originally Posted by Grapeshot View Post
    Darn guys - the OP's original query is 13 months old and the last previous posts here were a year past.

    He has obviously chosen to not respond on this thread. He has made a few other posts relating to problems elsewhere which can be viewed via his profile/list of postings.
    Quote Originally Posted by rotorhead View Post
    Well hell, remind me never to browse anything online again while in a hurry. Didn't realize it upset the harmony of the room so badly.
    Why so sensitive? It was obvious that several people missed looking at the dates. No personal flame was intended.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  19. #19
    Regular Member rotorhead's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Why so sensitive? It was obvious that several people missed looking at the dates. No personal flame was intended.
    I only have one feeling left at this age, and you stomped on it

    Actually, I was joking. I really didn't notice the date of the OP. It's what I get for fast-posting.

  20. #20
    Moderator / Administrator Grapeshot's Avatar
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    =rotorhead;1493990]I only have one feeling left at this age, and you stomped on it

    Actually, I was joking. I really didn't notice the date of the OP. It's what I get for fast-posting.
    ......
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  21. #21
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    However, I'm not so sure that the county can ask on the application if you've ever been arrested. This is something GRNC might want to get involved with if the guy is still going through this, and especially if he got denied because of it.


    The easiest thing to do is to read the statutes for what they are allowed to ask (I'm too lazy right now), and then if not allowed, simply don't answer the question, and have a voice recorder turned on the whole time to get their side of the story (don't tell them you are recording them). I did this with another issue and got Sheriff Barnes and all Guilford County to change their stance on a few CHP issues on the application.

  22. #22
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    I didn't realize how long ago I posted this. Since then I have purchased permits with no problem and just received my CHP

  23. #23
    Moderator / Administrator Grapeshot's Avatar
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    Darn, don't stay away so long.

    Have you graduated to OC yet?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  24. #24
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    Quote Originally Posted by Grapeshot View Post
    Darn, don't stay away so long.

    Have you graduated to OC yet?
    I have still been here and have been open carrying when I bought my SA 1911 4 champion back in January and have posted one experience so far when I got pulled over and they put my gun in the trunk. I wanted my CHP as an option now i don't have to unholster and leave it on the seat I just picked up my permit on Monday . Even though I have my CHP i will continue to open carry to keep the movement going and to me its much easier to carry a firearm at least to me in a duty style holster than tucking it in which may come in handy sometimes but wont be my primary method.
    Last edited by Jerry1981; 03-30-2011 at 05:11 PM.

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