Denied Concealed Handgun Permit

This is a discussion on Denied Concealed Handgun Permit within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was denied my CHP because i was charged with Simple Assault when i was 17 in high school the guy spitted on me and ...

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    New Member Array gcfdlfw's Avatar
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    Denied Concealed Handgun Permit

    I was denied my CHP because i was charged with Simple Assault when i was 17 in high school the guy spitted on me and i pushed him. I am wondering if it would be worth the hassle to appeal the CHP with the district judge or will it cost money to appeal. I am wanting to do this because i work in my business and i have had 4 men at different times tried to rob me and i had my NAA Wasp .22 Magnum and sometimes i will carry my wifes XDS .45 in my pocket at work and i was lucky each time even though i can carry concealed in my business and home and i really want to get my CHP.

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    Ex Member Array bmglock23's Avatar
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    You should definitely look into trying to get that ruling overturned, but it may be difficult without a lawyer, and with one it may be difficult and expensive. Wouldn't hurt to consult one and see what they say. Good luck.

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    First off welcome to the forum.

    You don't say how long ago the Simple Assault charges happened. You do say you were a minor at the time. You can try the appeals process. Not sure if your state charges for the process or not. As long as you are representing yourself, the only cost would be that for the appeal process. If you have to have or elect to a lawyer represent you, then it is going to be expensive. Another option is seeing if you can have your record expunged. Then reapply for a permit. In the mean time, You need to make sure you do not carry off property concealed. If you do and get caught, you can forget about getting a permit, even if was an acident.
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    New Member Array gcfdlfw's Avatar
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    Quote Originally Posted by archer51 View Post
    First off welcome to the forum.

    You don't say how long ago the Simple Assault charges happened. You do say you were a minor at the time. You can try the appeals process. Not sure if your state charges for the process or not. As long as you are representing yourself, the only cost would be that for the appeal process. If you have to have or elect to a lawyer represent you, then it is going to be expensive. Another option is seeing if you can have your record expunged. Then reapply for a permit. In the mean time, You need to make sure you do not carry off property concealed. If you do and get caught, you can forget about getting a permit, even if was an acident.

    Thank you for the welcome i got a prayer of judgement that is all it says on the record check in the courthouse and it happen in october 2001 and i was 17 but the application said simple assault prayer of judgement continued only and i founded out that after you turned 16 the courts considered you as a adult

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    Senior Member Array Landric's Avatar
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    In North Carolina everyone 16 and older is considered an "adult" for the purposes of criminal charges, 16 and 17 year olds are always charged as adults. That said, there is a procedure for getting a record expunged for a conviction while under 18, though I'm not familiar with the specifics. If simple assault is a disqualifier under NC law (I think it is), then there is no point appealing so long as it is still one your record, the appeal would be denied also.

    Another option would be to get a non-resident permit from a state where simple assault wouldn't disqualify you. North Carolina honors all other states' permits, and nothing in the law says that a NC resident must obtain a NC permit. Perhaps that was the intent, but the law doesn't actually say that.
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    New Member Array gcfdlfw's Avatar
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    Quote Originally Posted by Landric View Post
    In North Carolina everyone 16 and older is considered an "adult" for the purposes of criminal charges, 16 and 17 year olds are always charged as adults. That said, there is a procedure for getting a record expunged for a conviction while under 18, though I'm not familiar with the specifics. If simple assault is a disqualifier under NC law (I think it is), then there is no point appealing so long as it is still one your record, the appeal would be denied also.

    Another option would be to get a non-resident permit from a state where simple assault wouldn't disqualify you. North Carolina honors all other states' permits, and nothing in the law says that a NC resident must obtain a NC permit. Perhaps that was the intent, but the law doesn't actually say that.

    How do i get the non resident permit

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    Senior Member Array Landric's Avatar
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    Here is the information for Virginia:

    Virginia State Police - Nonresident Concealed Handgun Permits

    A simple assault in 2001 wouldn't disqualify you, Virginia just requires that such a conviction be more than 3 years in the past.

    Here is Florida's information:

    Concealed Weapons or Firearm Program - Division of Licensing, FDACS

    I didn't check their requirements in reference to simple assault, but there is a PDF that lists disqualifiers.
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    New Member Array gcfdlfw's Avatar
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    Quote Originally Posted by Landric View Post
    Here is the information for Virginia:

    Virginia State Police - Nonresident Concealed Handgun Permits

    A simple assault in 2001 wouldn't disqualify you, Virginia just requires that such a conviction be more than 3 years in the past.

    Here is Florida's information:

    Concealed Weapons or Firearm Program - Division of Licensing, FDACS

    I didn't check their requirements in reference to simple assault, but there is a PDF that lists disqualifiers.

    What about NC CCW laws saying that you have to have your address at the sheriffs office and such

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    New Member Array gcfdlfw's Avatar
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    Quote Originally Posted by Landric View Post
    Here is the information for Virginia:

    Virginia State Police - Nonresident Concealed Handgun Permits

    A simple assault in 2001 wouldn't disqualify you, Virginia just requires that such a conviction be more than 3 years in the past.

    Here is Florida's information:

    Concealed Weapons or Firearm Program - Division of Licensing, FDACS

    I didn't check their requirements in reference to simple assault, but there is a PDF that lists disqualifiers.
    Do you think if i clear my record i can appeal the chp and recieve it or will it be too late to try to appeal it within a year

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    Ex Member Array bmglock23's Avatar
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    Dude, just go for it. Make an appt. with a mouthpiece. Talking to a bunch of strangers who really have no idea isn't furthering your cause.

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    Ex Member Array Adrenaline's Avatar
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    Quote Originally Posted by gcfdlfw View Post
    I was denied my CHP because i was charged with Simple Assault when i was 17 in high school the guy spitted on me and i pushed him. I am wondering if it would be worth the hassle to appeal the CHP with the district judge or will it cost money to appeal. I am wanting to do this because i work in my business and i have had 4 men at different times tried to rob me and i had my NAA Wasp .22 Magnum and sometimes i will carry my wifes XDS .45 in my pocket at work and i was lucky each time even though i can carry concealed in my business and home and i really want to get my CHP.
    Start here: http://www.ncdoj.com/getdoc/32344299...-gun-Laws.aspx

    Bottom Line: An applicant may appeal the denial, revocation, or non-renewal of a permit by petitioning the Chief District Court Judge. You need to contact the District Court of the county you live in to find out the process for appeal. Once you have the appeal process I might be able to help you more.

  13. #12
    Ex Member Array Adrenaline's Avatar
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    Found North Carolina General Statute 122C-54.1 which states, in relevant part:

    (b) The sheriff shall deny a permit to an applicant who:

    (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.

    The issue is the part in bold above: including but not limited to, a violation of a misdemeanor [crime of violence]

    The Sheriff has to deny your permit based upon the permit statute. I would talk to a lawyer to find out which course of action is best:

    1. Appeal to the Chief Judge of the District Court of your county of residence (don't know if you the judge can overturn the Sheriff's decision which appears to a denial as required by the statute); or

    2. File a motion for expungement based upon the conviction having occurred prior to you turning 18; or

    3. Seek a pardon from the Governor of North Carolina. You can get more info on pardons here.

    For expungement it is not a difficult process. I found the governing statute: North Carolina General Statute 15A-145

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    Member Array Badbullgator's Avatar
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    Quote Originally Posted by bmglock23 View Post
    Dude, just go for it. Make an appt. with a mouthpiece. Talking to a bunch of strangers who really have no idea isn't furthering your cause.
    And if you speak as poorly as you write you really need someone who can make an argument that makes sense.....

    Get an attorney,

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    Distinguished Member Array Arborigine's Avatar
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    You don't state whether you were convicted, or merely charged. Not that my opinion matters at all, because I am not familiar with the law in your area. I had a 4 year old (dropped) charge for assault, from when i bitchslapped a jerk who took a poke at me and figuratively emasculated him in front of his wife and others. He called the cops after I left and filed a report. The DA initially made charges and then dropped them after I came over to discuss the matter. When i applied for CCW 4years later the Sheriff did want me to explain it to him, and when I gave him the named of the guy he laughed and signed the form. Small town.
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    Who issues the actual denial? Start with calling and making an appointment to talk with that person (I'm not sure if that is a Judge or Sherrif in NC). Be well dressed, well mannered, polite, and respectful. See what they have to say (more listening than talking). Find out what the process for appeal is by either studying the NC code section or paying a lawyer to assist you in whatever needs to be done to get you where you need to be. In the end, you might have to lawyer up, but maybe not.
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