Denied Concealed Handgun Permit in NC

This is a discussion on Denied Concealed Handgun Permit in NC within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi, I was just denied my permit as it states "your Felony Theft charge in 2010" constitutes a violation of the provisions set forth in ...

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Thread: Denied Concealed Handgun Permit in NC

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    New Member Array mthoma86's Avatar
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    Denied Concealed Handgun Permit in NC

    Hi,

    I was just denied my permit as it states "your Felony Theft charge in 2010" constitutes a violation of the provisions set forth in the NC general statutes for the possession of a concealed handgun permit". I've read these "statutes" and don't see that it says a charge (not convicted) would deny me a permit. The charge they are speaking of was a mistaken identity and the charge was dismissed and the case was sealed/expunged. Is this worth an appeal? I am not familiar with the process. Thanks anyone who can help!

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    If it wasn't me, and I was denied due to mistaken Ident?
    Damn straight.

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    Distinguished Member Array BigStick's Avatar
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    Absolutely worth an apeal. Just being charged with anything should not hinder any aspect of your life. You might want to call a lawyer though. It may be a difficult fight depending on the stance of whoever it is you have to deal with to get it cleared up.
    Eagleks likes this.
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    It may cost you some legal fees, but I would do it. Talk to an attorney in your state. Trying to get legal advice from an internet forum will be, at best, confusing, and at worst, just plain wrong.
    lchamp and JDE101 like this.
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    Senior Member Array sdprof's Avatar
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    I'll chime in with the others. You should get a lawyer and get this fixed.

    If such a thing erroneously comes up in the CC search, it could come up to bite you in other ways in the future, such as job applications.
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    Member Array CVarner's Avatar
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    Yeah it is.. Anyone can be charged with anything. If you are found not guilty you shouldn't be punished for it.

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    VIP Member Array ghost tracker's Avatar
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    I'd want to get that squared-away even if I WASN'T trying to get my concealed permit. There are dozens of other ways that could unexpectedly bite you. You are entitled to know what's on your "Criminal Record" and the state has an affirmative burden correct any errors. I would start by getting a copy, no lawyer necessary. Once that's corrected, then appeal or re-apply for the permit.
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    Ex Member Array dbglock's Avatar
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    Hi, I'm from Durham and have a CCP, as does my son. I looked at the Durham Co. application and it must be Question #7 that's tripping you up: Are you under indictment or has a finding of probable cause been entered against you for a pending felony charge?

    From what you say that wouldn't seem true but the question in legal matters is never "What really happened?", it's "What do the people who matter think happened?" That can be a jury, a judge, or in this case the Sheriff or designee. So I'm wondering if they think the charge against you is still pending, like maybe when you thought they closed the books they really didn't, at least to the Sheriff's eye. See, it's more than just charged vs. convicted, they bring pending into play. I'm not a lawyer and don't like lawyers and don't like people who do, but you need to see one if you want to pursue your permit. Gonna be a costly permit but that's your only choice since the Sheriff has already denied you. If you think they're looking at it wrong, you need a mouthpiece to make 'em see it right. Good luck, and let us know how this goes for you. This is very relevant to members of this forum, especially us NC'ers.
    msgt/ret likes this.

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    GH
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    Appeal it!
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    Distinguished Member Array kapnketel's Avatar
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    If it is showing up on the background check for a license, then it will appear on all matters of things, including employment applications. Absolutely appeal, but more importantly get the record fixed.
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    VIP Member Array rammerjammer's Avatar
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    stop writing anything about it on the internet and contact an attorney.
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    New Member Array mthoma86's Avatar
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    Thanks dbglock and everyone.

    dbglock, the charge is definitely not pending I have paperwork with the courts seal stating the case is expunged and sealed. I will probably make a visit down to the sheriffs office before appealing, because I think this may be a mistake on my record.

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    Lawyer time if for no more reason than to clear up the mistaken identity issue. As for the denial of the permit, most states ask about convictions, not arrests or charges. It's the innocent-until-proven-guilty principle.
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    Ex Member Array dbglock's Avatar
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    Quote Originally Posted by OldVet View Post
    Lawyer time if for no more reason than to clear up the mistaken identity issue. As for the denial of the permit, most states ask about convictions, not arrests or charges. It's the innocent-until-proven-guilty principle.
    NC asks about pending charges, not just convictions. The problem here seems to be it's NOT pending and they don't seem to realize that.

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    Ex Member Array dbglock's Avatar
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    Quote Originally Posted by mthoma86 View Post
    Thanks dbglock and everyone.

    dbglock, the charge is definitely not pending I have paperwork with the courts seal stating the case is expunged and sealed. I will probably make a visit down to the sheriffs office before appealing, because I think this may be a mistake on my record.
    Yeah, go down there with paperwork and explain to the nice ladies behind the desk what you've told us and see if you can't clear it up for "free". Why pay a crook good money when you don't need to?

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