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Thread: Can the sheriff of the county add to the requirements for permit?

  1. #1
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    Can the sheriff of the county add to the requirements for permit?

    Can the sheriff of the county add to the requirements for a CHP?


    I know the GS for Criteria to qualify for a CHP is GS § 14‑415.12
    My ? is can the sheriff have his own requirements over and above the statue?

    Thanks, Jason.

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    Regular Member jerz_subbie's Avatar
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    I don't think so since we are a shall issue state.

    What is he trying to add, though?

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    Quote Originally Posted by jerz_subbie View Post
    I don't think so since we are a shall issue state.

    What is he trying to add, though?
    http://www.co.moore.nc.us/index.php/...handgun-permit

    Section 4 on the link above.


    "4. Proof of Moore County residency. You must have remained a resident of Moore County for at least 30 days prior to the application. Proof includes; lease agreements, rental payment receipts, utility bills, tax statements, etc."



    http://www.wakegov.com/sheriff/citiz...ed_permits.htm

    http://www.usacarry.com/north_caroli...formation.html

    http://www.co.gaston.nc.us/sheriff/P...nPermitApp.pdf


    http://www.co.gaston.nc.us/sheriff/GunPermit.htm

    http://www.ncrpa.org/ccwfaq.htm

    I have searched other sheriffs dept and they dont ask for this info, Nor do I see it in the Statues.

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    no they can NOT

    and you are NOT required to fill the extra info out.

    Farkles is in the middle of a battle about this.

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    Regular Member rotorhead's Avatar
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    ^ this

    No they are not allowed to add things into it. It's a state program that the state handed over to local counties to manage for them. It was never designed by statute to be county specific as far as rules and conditions go, only for counties to manage as a means of expediency.

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    Quote Originally Posted by hotrod8812 View Post
    Can the sheriff of the county add to the requirements for a CHP?


    I know the GS for Criteria to qualify for a CHP is GS § 14‑415.12
    My ? is can the sheriff have his own requirements over and above the statue?

    Thanks, Jason.
    § 14 415.13. Application for a permit; fingerprints.
    (a) A person shall apply to the sheriff of the county in which the person resides to obtain a concealed handgun permit. The applicant shall submit to the sheriff all of the following:

    § 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.

    The sheriff has to verify that you meet the above criteria. How he does it is not spelled out in the statutes. Just as there is no law saying you cannot open carry there is nothing saying the sheriff cannot ask you to prove the above.
    Last edited by cricketdad; 12-19-2010 at 02:18 PM.

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    Quote Originally Posted by cricketdad View Post
    § 14 415.13. Application for a permit; fingerprints.
    (a) A person shall apply to the sheriff of the county in which the person resides to obtain a concealed handgun permit. The applicant shall submit to the sheriff all of the following:

    § 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.

    The sheriff has to verify that you meet the above criteria. How he does it is not spelled out in the statutes. Just as there is no law saying you cannot open carry there is nothing saying the sheriff cannot ask you to prove the above.
    I have lived at the address for 6 years and he knows that, So I am hoping my DL is enough too show I lived in NC for 30days When I apply for my permit.

  8. #8
    Regular Member Dreamer's Avatar
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    Contact GRNC and have them contact the Sheriff's office. They will set them straight.

    http://grnc.org/contacta.htm


    If they can't get the Sheriff to see the light, you may have to get the Attorney General in on the act...
    Last edited by Dreamer; 12-19-2010 at 04:39 PM.
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    Quote Originally Posted by Dreamer View Post
    Contact GRNC and have them contact the Sheriff's office. They will set them straight.

    http://grnc.org/contacta.htm


    If they can't get the Sheriff to see the light, you may have to get the Attorney General in on the act...
    I'll do that, I wouldn't mind providing the info but I live with other people and so nothing has my name on it.

    They don't require that info on the Purchase Permits, The sheriff issued me a PPP back in march.
    Last edited by hotrod8812; 12-19-2010 at 04:56 PM.

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    The Short Answer is No.

    Relevant North Carolina General Statute is as follows:

    § 14‑415.23. Statewide uniformity.

    It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), on local government buildings, their appurtenant premises, and parks. (1995, c. 398, s. 1.)

    In short..., a Sheriff is an Agent of the State..., and a Constitutional Agent at that!

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    Quote Originally Posted by hotrod8812 View Post
    I have lived at the address for 6 years and he knows that, So I am hoping my DL is enough too show I lived in NC for 30days When I apply for my permit.
    Does the NC driver's license have an Issue date on it? If it was issued more than 30 days ago that's all the you should need....

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    Quote Originally Posted by mrjam2jab View Post
    Does the NC driver's license have an Issue date on it? If it was issued more than 30 days ago that's all the you should need....
    Yes, issued 08 and the ID card I got with the same address was issued in 05

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    Quote Originally Posted by Preble View Post
    no they can NOT

    and you are NOT required to fill the extra info out.

    Farkles is in the middle of a battle about this.
    Guilford County was pulling some crap like this, but worse. I recommend not filling out the extra info, having a voice recorder running, and wait for them to verify by voice that they will not take or submit your application without this extra illegal information.

    GRNC is the right place to turn for this, as they have some more pull with the Sheriffs around here typically. Sheriff BJ Barnes pulled back on some of the requirements for character references (they just pulled it off the website last week), but are still asking more than allowed. Next week shall be interesting dealing with Barnes and the unlawful requirements.

  14. #14
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    Only law makers can make or change laws.

    Those sworn to uphold the law are required to do just that. That does not give a Sheriff, Police or Judge the right to make changes to existing law.

    Just my opinion, but I'm pretty sure I am correct.....
    RK

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    Also do not see validity in the statement from the sheriff that, "Applicants need to have a North Carolina Driver's License with their current address on it."

    Do not see that in the statutory requirements - Not all legal residents will possess a driver's license in any event.
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    In guilford county they told me you have to be 21 and it does say that on the website. I tried argueing but the wouldn't listen. What statues should i use to prove this to them. or what should i say? "No actually county can't add restrictions to the age required to recieve a permit. Can you show me the law that says I can't recieve one being 19yrs old?"

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    Quote Originally Posted by kcGlock19 View Post
    In guilford county they told me you have to be 21 and it does say that on the website. I tried argueing but the wouldn't listen. What statues should i use to prove this to them. or what should i say? "No actually county can't add restrictions to the age required to recieve a permit. Can you show me the law that says I can't recieve one being 19yrs old?"
    Did not find the exact statute, but did find this reference:

    "Requirements:
    • is a citizen of the U.S. and has been a resident of the State for at least 30 days immediately prior to filing the application;
    is at least 21;
    http://www.usacarry.com/north_caroli...formation.html
    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.

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    Quote Originally Posted by kcGlock19 View Post
    In guilford county they told me you have to be 21 and it does say that on the website. I tried argueing but the wouldn't listen. What statues should i use to prove this to them. or what should i say? "No actually county can't add restrictions to the age required to recieve a permit. Can you show me the law that says I can't recieve one being 19yrs old?"
    For a Concealed handgun permit, Yes you have to be 21

    for a purchase permit NC does NOT really have anything set in stone, But rather it looks to federal requirements
    which is 21 to PURCHASE from an FIREARMS DEALER.


    IANAL
    Last edited by hotrod8812; 01-14-2011 at 11:22 AM.

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    Campaign Veteran ak56's Avatar
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    Quote Originally Posted by kcGlock19 View Post
    In guilford county they told me you have to be 21 and it does say that on the website. I tried argueing but the wouldn't listen. What statues should i use to prove this to them. or what should i say? "No actually county can't add restrictions to the age required to recieve a permit. Can you show me the law that says I can't recieve one being 19yrs old?"
    GS 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.
    ...
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


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    Regular Member sultan62's Avatar
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    Unless he's talking about the PPP.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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    Yeah im talking about a pistol purchase permit. NOT CCP. There is nothing saying i cant buy from a friend or individual in the NC laws. But the sheriff wont issue one to me.

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    Call the AG, they can help.

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    10) Please provide annual income _______________________and copy of W-2.

    Because we Sheriffs suspect that poor people commit crimes!





    I'm being sarcastic; don't get all riled and ask which county has this requirement.
    Last edited by NCjones; 01-17-2011 at 05:49 PM.

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    Quote Originally Posted by NCjones View Post
    10) Please provide annual income _______________________and copy of W-2.

    Because we Sheriffs suspect that poor people commit crimes!





    I'm being sarcastic; don't get all riled and ask which county has this requirement.
    ?

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    Quote Originally Posted by hotrod8812 View Post
    ?
    Just a little humor regarding the sheriffs right to add whatever he wants to the PPP requirements. Sorry I didn't spell it out for you.

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