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Thread: under 21 handgun OC

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    under 21 handgun OC

    I just left the local sheriff office and they said I couldn't even possess a handgun until 21 even though the statutes state tht 18 and older may carry. I was going to apply for a private purchase permit but they refuse anything until I'm 21. The attorney generals office did me no help. What do I do?

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    Regular Member REDFIVE48's Avatar
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    Have a look at this previous thread dealing with the same issue, I believe this is only 1 of several already addressing this issue.

    http://forum.opencarry.org/forums/sh...-under-21-help

    Good luck, sheriff making up the rules again.

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    Quote Originally Posted by REDFIVE48 View Post
    Have a look at this previous thread dealing with the same issue, I believe this is only 1 of several already addressing this issue.

    http://forum.opencarry.org/forums/sh...-under-21-help

    Good luck, sheriff making up the rules again.

    I've looked over the thread and I've tried what they did but still have failure.

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    Until you get this figured out (I have no advice on this matter sorry) remember, you don't need to own the gun you are carrying.

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    You can "borrow" one till your 21. 18 to possess and 21 to buy.

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    I'd ask to speak to a Law Enforcement Liaison at the Attorney General's office. They were pretty helpful to me. I got 2 handgun purchase permits before I turned 21.

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    Quote Originally Posted by calynn View Post
    I'd ask to speak to a Law Enforcement Liaison at the Attorney General's office. They were pretty helpful to me. I got 2 handgun purchase permits before I turned 21.
    I called the attorney generals office and so far they were no help the lady I talked to was a bitch.

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    Call till you get someone else

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    Hey j, what all did she say? Why/how was she unwilling to help?

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    Law Enforcement Liaison Section of the Department of Justice at (919) 716-6725 give this a try.

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    Quote Originally Posted by aosailor View Post
    Hey j, what all did she say? Why/how was she unwilling to help?
    She just kept saying ask your sheriffs dept.

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    Quote Originally Posted by calynn View Post
    Law Enforcement Liaison Section of the Department of Justice at (919) 716-6725 give this a try.
    I'll try tht number tomorrow

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    Regular Member papa bear's Avatar
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    JE this has been in my croup for quite a while. here is the first part of the cite.

    Quote: 14‑404. Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee.

    (a) Upon application, the sheriff shall issue the license or permit to a resident of that county, unless the purpose of the permit is for collecting, in which case a sheriff can issue a permit to a nonresident, when the sheriff has done all of the following:

    (1) Verified, before the issuance of a permit, by a criminal history background investigation that it is not a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun. The sheriff shall determine the criminal and background history of any applicant by accessing computerized criminal history records as maintained by the State Bureau of Investigation and the Federal Bureau of Investigation, by conducting a national criminal history records check, by conducting a check through the National Instant Criminal Background Check System (NICS), and by conducting a criminal history check through the Administrative Office of the Courts.

    (2) Fully satisfied himself or herself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant.

    (3) Fully satisfied himself or herself that the applicant desires the possession of the weapon mentioned for (i) the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting.

    (b) If the sheriff is not fully satisfied, the sheriff may, for good cause shown, decline to issue the license or permit and shall provide to the applicant within seven days of the refusal a written statement of the reason(s) for the refusal. The deter An appeal from the refusal shall lie by way of petition to the chief judge of the district court for the district in which the application was filed.determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal, and shall be final.

    what i think is good about this it does say that it will be weighed on the law. you could take this statute to the office and have them comply. get the whole statute, 14-404. if they do (i mean the written refusal) , take it to the judge and start the motion. if they still refuse to comply, call your state representatives. please don't let this drop. it will help all the other people discriminated against by this law. good luck and keep us posted.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
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    i you call a CHP a CCW then you are really stupid. period.

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    Regular Member papa bear's Avatar
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    checked out the Waynes county sheriff office's web site on obtaining a CC permission slip.

    http://www.waynegov.com/165810410153...BCOB=0&C=54965

    i thought this was interesting. i have never thought of this before, but i have a cousin that has had a couple of heart attacks and his doctor prescribe him to drink a glass of wine a day

    4 You may not, with or without a permit, carry a concealed weapon while consuming alcohol or while alcohol or any controlled substances are in your blood unless the controlled substance was obtained legally and taken in therapeutically appropriate amounts.
    this next thing, struck me as a slap in the face of us OCers. i am going to give them the benefit of doubt and think maybe they didn't mean it the way it is worded

    6 If a permit is lost or destroyed, you must notify the Sheriff who issued the permit and you may receive a duplicate permit by submitting a notarized statement to that effect along with the required fee. Do not carry a handgun without it.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    So what exactly should i do next. Because the lady at the front desk of the sheriffs dept yelled at me last time when i argued about the statutes. I just walked out when she yelled so I wouldn't start yelling back.

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    It appears to me that the discussion is getting confused between a PPP and a CHP.

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    Quote Originally Posted by American Patriot View Post
    It appears to me that the discussion is getting confused between a PPP and a CHP.
    Reading their website, I'm assuming that they aren't requiring someone to be 21 to acquire a CHP though right? And a CHP does allow you to purchase a handgun without getting a PPP if I'm not mistaken
    Last edited by ArmySoldier22; 09-23-2011 at 06:23 PM.

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    ArnySoldier22: 14:415.12 requires age 21 for a CHP.

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    Quote Originally Posted by bc.cruiser View Post
    ArnySoldier22: 14:415.12 requires age 21 for a CHP.
    Thanks bc. I was just hoping there was a way around it for him

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    I don't know if this will help. But if you can get this in front of someone, then ask them what statute restricts someone between 18 and 21 from possessing a handgun?


    14‑269.7. Prohibitions on handguns for minors.
    (a) Any minor who possesses or carries a handgun is guilty of a Class 2 misdemeanor.
    (b) This section does not apply:
    (1) To officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.
    (2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.
    (3) To an emancipated minor who possesses such handgun inside his or her residence.
    (4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.
    (c) The following definitions apply in this section:
    (1) Handgun. A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.
    (2) Minor. Any person under 18 years of age.




    BTW, there is no statute that allows OC. And there is no statute that I am aware of that allows 18 yo's to carry. What happens is, minors are prohibited. So that covers those under 18. The law is silent on those from 18-21. Which technically means you can, since that which is not forbidden is allowed. But LE tends to not think like that. Then you have the issue of FFL's not being able to sell handguns to those under 21. And everyone just assumes anyone under 21 can't buy a handgun. Which is inaccurate. And you find yourself in one of the most vague areas of gun law in NC. Good luck with it.

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    Quote Originally Posted by chiefjason View Post
    I don't know if this will help. But if you can get this in front of someone, then ask them what statute restricts someone between 18 and 21 from possessing a handgun?


    14‑269.7. Prohibitions on handguns for minors.
    (a) Any minor who possesses or carries a handgun is guilty of a Class 2 misdemeanor.
    (b) This section does not apply:
    (1) To officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.
    (2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.
    (3) To an emancipated minor who possesses such handgun inside his or her residence.
    (4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.
    (c) The following definitions apply in this section:
    (1) Handgun. A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.
    (2) Minor. Any person under 18 years of age.




    BTW, there is no statute that allows OC. And there is no statute that I am aware of that allows 18 yo's to carry. What happens is, minors are prohibited. So that covers those under 18. The law is silent on those from 18-21. Which technically means you can, since that which is not forbidden is allowed. But LE tends to not think like that. Then you have the issue of FFL's not being able to sell handguns to those under 21. And everyone just assumes anyone under 21 can't buy a handgun. Which is inaccurate. And you find yourself in one of the most vague areas of gun law in NC. Good luck with it.

    I could careless about a chp can't conceal until I'm 21 but I can take the class. There's also nothing saying you can't own a handgun and carry under 21 it just says under 21 you can buy from a ffl dealer. Many ppl under 21 have got a ppp.

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    Quote Originally Posted by JEaston71 View Post
    I could careless about a chp can't conceal until I'm 21 but I can take the class. There's also nothing saying you can't own a handgun and carry under 21 it just says under 21 you can buy from a ffl dealer. Many ppl under 21 have got a ppp.
    I undersand all that, you understand all that, too bad your Sheriff does not. My main point is, that you and I arrive at this conclusion because of a lack of laws and statutes not because of them. Sometimes LEO's do not seem to want to operate like that. The law is silent for folks your age. Combine that with the increased leeway Sheriffs have in issuing PPP's and you get this issue. Where getting a PPP between 18-21 is more about having a knowledgeable Sheriff than about it being legal.

    If you are going to get them to budge it will have to be from the top down, the AG. Or getting them to see the convoluted reasons why you are not prohibited from getting a PPP. BTW, anyone answering the phone or setting at the desk dealing with the public is not someone that you need to talk to. You need to find a way to bypass them and get up the food chain farther. Like I said earlier, best of luck.

  23. #23
    Regular Member papa bear's Avatar
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    Quote Originally Posted by JEaston71 View Post
    I just left the local sheriff office and they said I couldn't even possess a handgun until 21 even though the statutes state tht 18 and older may carry. I was going to apply for a private purchase permit but they refuse anything until I'm 21. The attorney generals office did me no help. What do I do?
    JE, was this at another attempt aside from the OP attempt? did you get an answer from the AGO? have you tried to contact the district attorney's office or maybe your representatives?

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    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    In carteret county i basically had to make them so freggin' tired of telling me no that they tried to prove me wrong with statutes. long story
    short, both of the people in the office figured out I was correct. I was trying to get PPP. I got one i guess, it looks just like a purchase permit but with the part about licensed dealers blacked out. i was told it was the only one they had ever issued. maybe I got duped?

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    Quote Originally Posted by gsxrman View Post
    In carteret county i basically had to make them so freggin' tired of telling me no that they tried to prove me wrong with statutes. long story
    short, both of the people in the office figured out I was correct. I was trying to get PPP. I got one i guess, it looks just like a purchase permit but with the part about licensed dealers blacked out. i was told it was the only one they had ever issued. maybe I got duped?
    Just curious, but you are referring to the PPP and purchase permit as the same thing right? Your post just makes it seem like they're being talked about as two separate things lol. And I wonder why licensed dealers would be blacked out?
    Last edited by ArmySoldier22; 09-26-2011 at 10:00 PM.

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