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Can the sheriff of the county add to the requirements for permit?
- Thread starter hotrod08
- Start date
jerz_subbie
Regular Member
I don't think so since we are a shall issue state.
What is he trying to add, though?
What is he trying to add, though?
http://www.co.moore.nc.us/index.php/concealed-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/citizens/concealed_permits.htm
http://www.usacarry.com/north_carolina_concealed_carry_permit_information.html
http://www.co.gaston.nc.us/sheriff/PDFs/ConcealedHandgunPermitApp.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.
Preble
Regular Member
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.
and you are NOT required to fill the extra info out.
Farkles is in the middle of a battle about this.
^ 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.
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.
cricketdad
Regular Member
§ 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.
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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.
Dreamer
Regular Member
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...
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...
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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.
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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!
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!
mrjam2jab
Regular Member
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
farkles
Regular Member
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.
RoadKing
Regular Member
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
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
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.
Do not see that in the statutory requirements - Not all legal residents will possess a driver's license in any event.
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_carolina_concealed_carry_permit_information.html
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
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ak56
Campaign Veteran
sultan62
Regular Member
Unless he's talking about the PPP.