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Anyone here a lawyer??

Jerry1981

Regular Member
Joined
Feb 2, 2010
Messages
96
Location
Charlotte, North Carolina, , USA
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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.
 

CarryOpen

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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.
 

Dreamer

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Sep 23, 2009
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Grennsboro NC
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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...
 

REX681959

Regular Member
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Oct 16, 2009
Messages
142
Location
Wentworth, North Carolina, USA
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Why not just get aCC permit? Then you can buy all you want.

[align=left]G.S. 14-415.12 Page 1[/align]

[align=left]§ 14-415.12. Criteria to qualify for the issuance of a permit.[/align]

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

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
imported post

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...
 

REX681959

Regular Member
Joined
Oct 16, 2009
Messages
142
Location
Wentworth, North Carolina, USA
imported post

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.
 

CarryOpen

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Joined
Dec 30, 2009
Messages
379
Location
, ,
imported post

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.
 

Jerry1981

Regular Member
Joined
Feb 2, 2010
Messages
96
Location
Charlotte, North Carolina, , USA
imported post

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
 

mekender

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Joined
Feb 22, 2008
Messages
462
Location
, ,
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.
 

rotorhead

Regular Member
Joined
Sep 18, 2010
Messages
862
Location
FL
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.
 

Grapeshot

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May 21, 2006
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rotorhead

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Joined
Sep 18, 2010
Messages
862
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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. :(
 

Grapeshot

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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. :(

Why so sensitive? It was obvious that several people missed looking at the dates. No personal flame was intended.
 

rotorhead

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Sep 18, 2010
Messages
862
Location
FL
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 :uhoh:

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

Grapeshot

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May 21, 2006
Messages
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Location
Valhalla
=rotorhead;1493990]I only have one feeling left at this age, and you stomped on it :uhoh:

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

......
 
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