Help with CHP application and problem mil. discharge

This is a discussion on Help with CHP application and problem mil. discharge within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi all! I'm hoping someone can help with advice or maybe where else to ask on this one. Situation is I live in N. Carolina. ...

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Thread: Help with CHP application and problem mil. discharge

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    New Member Array JamesT's Avatar
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    Help with CHP application and problem mil. discharge

    Hi all! I'm hoping someone can help with advice or maybe where else to ask on this one.

    Situation is I live in N. Carolina.
    I have never had any problem with the law, pass gun purchase and pistol purchase checks and own some guns.
    I have no medical problems, never had a DUI, and no mental problems. Even my last speeding ticket was years and years ago.
    I live in Durham which almost is like it makes its own rules.

    Many years ago now I was in the mil. and was honorably discharged at a little less than 4 yrs but as RE4 due to "Drug Abuse - Rehabilitation Failure"
    I never tested positive for any drug including while in service which medical records will show.

    Those are the facts. What do I do?
    Details are much more confusing but will leave it as I had a family emergency that wouldn't go through as a hardship discharge.
    With some discussion in my immediate chain I "self confessed",
    I am not happy about this but it was needed.

    NC rules for CHP are here G.S. 14-415.12
    I meet all rules for issue and none for disqualification, but
    "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."

    "Is" implies present while I definitely am not.
    Do I ask to speak to the Sherriff?
    Add something to the application?
    Do nothing and hope but prepare to appeal?
    Don't worry, be happy?

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    The reason your thread did not show up right away would be because you had no post count and included a link in your post. So your thread automatically got kicked into Moderation awaiting approval. It is a function of our Spam blocking feature.
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    Referring to 21 U.S.C. § 802 it seems there is only a problem with a habitual user or addict. Since you “self confessed” and were Honorably Discharged I personally do not see a problem. It might be a good idea to speak to a lawyer or someone from the SO to get their thoughts on it.

    Section 802. Definitions
    From the U.S. Code Online via GPO Access [www.gpoaccess.gov] [Laws in effect as of January 3, 2007] [CITE: 21USC802] [Page 372-380]

    As used in this subchapter:

    (1) The term "addict" means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
    21 USC, Section 802
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    VIP Member Array blitzburgh's Avatar
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    I'm not a lawyer.

    If you're not an addict (etc.) I would just answer no as it'd be the truth. A friend of mine had a minor possession charge a few years ago in NC and has had no problems purchasing a weapon or getting his SC (where he lives) permit.
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    VIP Member Array dukalmighty's Avatar
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    IMHO that refers to the present,not the past,since "YOU ARE NOT" then you would meet the criteria for issue.
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    VIP Member Array maxwell97's Avatar
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    Lawyers are our friends, presuming our funds hold out. If you can find a decent one, he'll probably answer the question for a dollar, or maybe the price of a glass of scotch.
    "Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of the way... The character inherent in the American people has done all that has been accomplished; and it would have done somewhat more, if the government had not sometimes got in its way."

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    New Member Array JamesT's Avatar
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    Durham and a small number of other places in NC seem to do as they want compared to other counties, and require additional information, as well.
    Max 2x PPP at a time requiring a notarized character reference. I think they are the only place in all of NC that requires pistol registration.
    For CHP they seem to pull military medical records!!
    If they do manage to get those, there just isn't anything to see, but I get the impression this area believes they are actually "may issue" instead of "shall issue" so am weighing my options.

    It isn't about simply answering something on the checklist. They want original discharge papers, which shows my service as Honorable, but with the mentioned information as well.
    I am unsure of just how much variance from STATE law or intepretation they think they have so am deciding if I should be more pro-active by adding other paperwork or a statement or just file everything as required and prepare to appeal if denied.

    Has anyone gone through similar in NC?
    Im sorry to say while I would 100% expect to have no problems in almost any other state, or even a different county, Durham seems to play by their own rules.

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    It says "is a user or addicted unlawful blah blah blah." Keyword being is which is present not past. Their wording, thats their question. Seems pretty cut and dried to me. YMMV
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    New Member Array JamesT's Avatar
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    Quote Originally Posted by maxwell97 View Post
    Lawyers are our friends, presuming our funds hold out. If you can find a decent one, he'll probably answer the question for a dollar, or maybe the price of a glass of scotch.
    :)
    I believe here we must have inflation. Last "free consultation" they tried to bill me $200!

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    New Member Array JamesT's Avatar
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    Will give it a go.
    It must be a sign of ... something, when you now expect any gov't or related interactions to be guaranteed to be negative. :(
    It would seem strange they have issued me numerous purchase permits to now have a problem so maybe I am worrying without reason.

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    Unfortunately Durham has a lot of old laws that were “grandfathered” in when concealed carry was voted in.

    Durham County : Concealed Carry Permits FAQs
    When you have to shoot, shoot. Don't talk.
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    You could attach a note saying you voted for the current POTUS, that should put it right through!

    Seriously though, go ahead and apply, but while waiting get your ducks lined up for an appeal. Hopefully you will be spared the process, but better to be prepared and not need it, than not prepared and need it.
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    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by archer51 View Post
    You could attach a note saying you voted for the current POTUS, that should put it right through!

    Seriously though, go ahead and apply, but while waiting get your ducks lined up for an appeal. Hopefully you will be spared the process, but better to be prepared and not need it, than not prepared and need it.
    HA! Tell them you want your Obama-Permit. Seriously though, I wouldn't worry about it. Get your REQUIRED paperwork and what not together and get your application in. Don't worry about a problem until it's an actual problem. If you get denied then lawyer up. JMO and not to be construed as actual legal advice.
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    Distinguished Member Array RightsEroding's Avatar
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    Quote Originally Posted by JamesT View Post
    Hi all! I'm hoping someone can help with advice or maybe where else to ask on this one.
    A CHP is generally something most of us value highly.

    1) IMO, asking legal questions on ANY forum is worth precisely what you paid for it.

    2) The internet is forever; nothing disappears; one can not retract a statement.

    3) Make your application. See what happens. If not what you expected, seek (experienced) legal advice is such matters.

    4) IMO, I would stop posting (what if) questions on forums until a positive outcome is achieved.

    I had to appeal my denial some time back. I posted NOTHING until I had gained a reversal.

    So there you have it. NON-legal advice..just a good common sense approach.

    Good luck
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    VIP Member Array OutWestSystems's Avatar
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    A lot of it will come down to the Sheriff. They are the ones that decide. So in this case I would schedule a meeting with him, go in, sit down, explain the situation, being COMPLETELY honest, and see what he says.

    I saw you said; "I never tested positive for any drug including while in service which medical records will show." When someone says that to me, that if a red flag that they were a user that didn't get caught.

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