Help! NC CCL DENIED!

Help! NC CCL DENIED!

This is a discussion on Help! NC CCL DENIED! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I just received a denial letter of my CWL. I was denied because i was in a mental hospital at the age of 12 or ...

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  1. #1
    New Member Array jmoss41's Avatar
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    Help! NC CCL DENIED!

    I just received a denial letter of my CWL. I was denied because i was in a mental hospital at the age of 12 or 13 for about 3 weeks. I am now 21. I am serving on active duty in the army national guard. I just don't understand why i was denied because of that so long ago. They said I could file a petition of a district court judge but i don't know how? Can anyone provide any information on this.


  2. #2
    VIP Member Array NC Bullseye's Avatar
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    This is a part of NC statute 14‑415.12 It seems that the sheriff is bound by item 6 but you can get it restored under G.S. 122C‑54.1 See the two bolded items.

    You may be best served by consulting with an lawyer. Usually they will give you the initial consultation free and you may even have some legal assistance with the National Guard. Check with your local group.

    (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) (Effective until February 1, 2011) Has been adjudicated guilty in any court of a felony.

    (3) (Effective February 1, 2011) Has been adjudicated guilty in any court of a felony, unless: (i) the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade, or (ii) the person's firearms rights have been restored pursuant to G.S. 14‑415.4.

    (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 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; 2010‑108, s. 5.)

  3. #3
    New Member Array jmoss41's Avatar
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    Thanks for the reply. I reckon I need to get my butt to a lawyer.
    Last edited by rstickle; February 18th, 2011 at 07:19 PM. Reason: language workaround

  4. #4
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    I would request an appeal based on GS 14-415.12 (c), which states a permit, may be issued if your rights have been restored. This may necessitate having a lawyer to represent you in the appeal.

    Here is the statue. http://www.ncga.state.nc.us/enactedl...ticle_54b.html
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    Member Array sentioch's Avatar
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    The simpler solution would be to apply for an out of state CCL from either Utah or Florida, both of which are recognized within NC.
    Unlike NC the Utah law does not deny permits solely on the grounds of being formerly mentally incompetent,

    53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for issuance -- Violation --
    Denial, suspension, or revocation -- Appeal procedure.
    (1) The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application and upon proof that the person applying is of good character. The permit is valid throughout the state, without restriction except as provided by Section 53-5-710:
    (a) for two years; or
    (b) for five years for permits issued or renewed on or after May 1, 1998.
    (2) An applicant satisfactorily demonstrates good character if he:
    (a) has not been convicted of a felony;
    (b) has not been convicted of any crime of violence;
    (c) has not been convicted of any offenses involving the use of alcohol;
    (d) has not been convicted of any offense involving the unlawful use of narcotics or other controlled substances;
    (e) has not been convicted of any offenses involving moral turpitude;
    (f) has not been convicted of any offense involving domestic violence;
    (g) has not been adjudicated by a court of a state or of the United States as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
    (h) is qualified to purchase and possess a dangerous weapon and a handgun pursuant to Section 76-10-503 and federal law.
    (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the licensing authority has reasonable cause to believe that the applicant has been or is a danger to self or others as demonstrated by evidence including, but not limited to:
    (i) past pattern of behavior involving unlawful violence or threats of unlawful violenc
    "In a world of compromise, some don't." -HK

  6. #6
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    Quote Originally Posted by jmoss41 View Post
    I just received a denial letter of my CWL. I was denied because i was in a mental hospital at the age of 12 or 13 for about 3 weeks. I am now 21. I am serving on active duty in the army national guard. I just don't understand why i was denied because of that so long ago. They said I could file a petition of a district court judge but i don't know how? Can anyone provide any information on this.
    When you were in the hospital, was that something your parents and doctors decided you needed, or was that something that a judge ordered or that your parents were compelled to do by some process of law. Item 6 listed by NC Bullseye makes clear that the hospitalization must have been ordered by a judge or if ordered by some administrative agency, subject to judicial review.

    There may also be additional issues which relate to your age at the time, your parent's judgment, and the total set of circumstances.

    You don't lose your rights because your parents volunteered you for hospitalization.

    Yes, if you are certain that you are well now, and you are doing well, by all means see a lawyer about this. Sometimes some really bad things get done to kids. Do you know why you were hospitalized? What was the supposed diagnosis and do you now think it was appropriate? Be honest with yourself.

    FWIW, I once worked in a large mental hospital which was a jail -like place. I worked in a building that was designated for juvenile patients. On more than one occasion I was told by my bosses that many did not belong there but were sent there by well meaning judges who simply didn't know what else to do with a kid who got in trouble, and whom they wished to give a break. They thought that sending them to a hospital instead of a juvenile jail was doing them a favor. It wasn't.

  7. #7
    New Member Array jmoss41's Avatar
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    Honestly, I do not remember a great deal of details. My parents had just gone through a rough divorce and my dad beat the hell out of me and i had just moved in with my mom. My mom and step dad were afraid i was gonna harm myself so they convinced a magistrate to make me go. Like i said, I was 12-13 and now I am a completely different person. The diagnosis was i was put on depression medicine. I stopped taking that 5 years ago.

  8. #8
    Member Array jwarren's Avatar
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    I would get the lawyer for sure.

    Not trying to dash your hopes or deter you from appealing, but in light of the Arizona shootings, you may not prevail.

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    Quote Originally Posted by jmoss41 View Post
    Honestly, I do not remember a great deal of details. My parents had just gone through a rough divorce and my dad beat the hell out of me and i had just moved in with my mom. My mom and step dad were afraid i was gonna harm myself so they convinced a magistrate to make me go. Like i said, I was 12-13 and now I am a completely different person. The diagnosis was i was put on depression medicine. I stopped taking that 5 years ago.
    I'm really sorry and saddened to hear about this. In short your parents couldn't stand each other and went through a rough divorce, you got depressed (understandable and not necessarily medical depression) and for some reason (like your dad's own issues) he beat the hell out of you--- and ....who knows what lies they might have told the magistrate, or to what extent they might have exaggerated your normal reactions to the crap going on in the house and twisted that into something bad.

    Yes, see a lawyer. Sounds like you are paying for your folks problems. My sympathy, sincerely. I think it happens to a lot of kids.

    HOWEVER-- please for your safety and the safety of others, really really really be honest with yourself, and don't get a gun or a license if you are not sure about your PRESENT mental health.

  10. #10
    VIP Member Array AZ Husker's Avatar
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    He's on active duty...the government's supplying him with weapons. I really feel bad for you, hope you can get this worked out!
    Treat me good, I'll treat you better. Treat me bad, I'll treat you worse.

  11. #11
    VIP Member Array chiefjason's Avatar
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    Any chance a CO would help you out? I wonder if some phone calls by them to the sheriff would do anything? Oddly though, it seems to be a crap shoot how officers feel about CC and civilian firearms in general. If you think they would help it might be worth it. Sometimes one well placed phone call can solve a lot of problems. Having worked with kids in out of home placement, you're story is all too common. Best of luck in getting this resolved.
    I prefer to live dangerously free than safely caged!

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    VIP Member Array Eagleks's Avatar
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    This is interesting, because Juveniles per se (according to court rulings) does not have "the rights" that adults do, and therefore cannot lose what they don't have yet. I think a good attorney could handle this quickly , just based upon your age at the time. Kids under certain ages (which varies by state) are considered incompetent and cannot be held to adult standards, in other words.... even if they commit a crime... they are NOT considered capable of committing a 'crime'.... therefore cannot be charged with one under that age.

    In Kansas... there are different levels at 10, 14, 16 & then of course 18.
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    VIP Member Array AZ Husker's Avatar
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    I'm curious...did you disclose this information or did they find it in a records search? Most juvenile files are sealed, aren't they?
    Treat me good, I'll treat you better. Treat me bad, I'll treat you worse.

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    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by AZ Husker View Post
    I'm curious...did you disclose this information or did they find it in a records search? Most juvenile files are sealed, aren't they?
    You have to sign a release for the CHP process to allow your physical and mental medical records to be examined.

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    Quote Originally Posted by AZ Husker View Post
    I'm curious...did you disclose this information or did they find it in a records search? Most juvenile files are sealed, aren't they?
    That is a really good question, before my daughter came to live with me full time, she spent some time with her mother. when she was 12 they had a big fight, the mother called the police and put my daughter in a mental institution for a week.
    I always wondered how that specific situation will affect her future, darn it! We go shooting all the time, no she's older and would like to get her permit as soon as she can.
    Go with the glow

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