NC Handgun purchase permit and administrative discharge from the military

NC Handgun purchase permit and administrative discharge from the military

This is a discussion on NC Handgun purchase permit and administrative discharge from the military within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hey everyone. Looking to purchase my first handgun and went to apply for my purchase permit. I saw in the eligibility information that about discharges ...

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Thread: NC Handgun purchase permit and administrative discharge from the military

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    New Member Array gschmit1's Avatar
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    NC Handgun purchase permit and administrative discharge from the military

    Hey everyone. Looking to purchase my first handgun and went to apply for my purchase permit. I saw in the eligibility information that about discharges from the military and being able to purchase a hand gun. I was administratively seprated from the Marines with an OTH. Is this gonna hinder me from buying or hand gun or does this just keep me from getting a Concealed carry permit?

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    VIP Member Array LimaCharlie's Avatar
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    Check with an attorney licensed to practice in NC who is knowledgeable in firearms law. Internet advise is worth what you pay for it.
    I carry a gun, because a Cop is too heavy.

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    VIP Member Array OldVet's Avatar
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    NC law says this is cause for ineligability for a handgun purchase permit:

    The applicant has been discharged from the U.S. armed forces under
    dishonorable conditions;

    Whether an OTH discharge will be accepted it doesn't say. Apply and find put. It may be on a case-by-case matter, depending on the reason/situation of discharge.
    Retired USAF E-8. Lighten up and enjoy life because:
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    Ex Member Array Jackster's Avatar
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    I used to work for the Dept of Veterans Affairs, Chapter 30. A criterion for veterans to be approved for Chapter 30 benefits was that the discharge was not dishonorable. Several veterans were OTH, and that did not prevent them from Chapter 30, but YMMV.
    SIGP250 likes this.

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    Senior Member Array 19Kvet's Avatar
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    Oth is not dishonorable- they're different on a 214.
    SIGP250 and shadowwalker like this.

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    VIP Member Array chiefjason's Avatar
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    One option is to spend the money to talk to a lawyer.

    Second option is to apply and have your reasons for the OTH ready to present if needed.

    The full statute is here.

    G.S. 14-404

    Normally I tell folks to get there concealed handgun permit, but looks like that might not work here. They address OTH as a prohibiting factor for issuing the permit, b-7.


    G.S. 14-415.12
    scottync likes this.
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    New Member Array gschmit1's Avatar
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    Looks like I'm in the clear. I read a few where other vets with oth ' s got purchase permits but couldn't get a concealed. An OTH is a administrative separation and not a punitive or dishonorable.

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    New Member Array gschmit1's Avatar
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    It's in the wording. ....applying for purchase can be denied for discharges under dishonorable conditions and the concealed is not permitted for discharges for anything other then Honorable. ...thanks for the help.

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    It appears that an "OTHC" discharge is issued as NJP. If it had been a Bad Conduct or Dishonorable you would automatically been denied, since they are considered felony convictions. You should be good to go. Just remember IANAL.

    BTW - Welcome to the forum.
    SIGP250 likes this.
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    VIP Member Array scottync's Avatar
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    If you are just wanting a purchase permit, the cost is $5 and you will have your answer quickly.

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    New Member Array gschmit1's Avatar
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    What's IANAL? If you don't mind me asking? And thank you. Looking forward to exercising my constitutional right and buying my first firearm. I missed shooting at the range since I got out.

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    Senior Member Array gary106334's Avatar
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    Good luck and welcome.

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    VIP Member Array NC Bullseye's Avatar
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    Just a side note, sheriffs have much more latitude on deciding whether or not to issue a pistol purchase permit than they do the concealed carry permit. Many will refuse the purchase permit for the same reasons a carry permit is denied. Other have even stricter requirements for pistol purchase permits citing 14-404 (a) (2) where it allows the sheriff to "Fully satisfied himself or herself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant." so don't be too surprised if you get denied for a purchase permit.
    msgt/ret likes this.
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    Senior Member Array BkCo1's Avatar
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    I am not a lawyer
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    Distinguished Member Array hardluk1's Avatar
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    Expect to have to show a sheriff officer what was involved with your OTH so he can make a judge if it was because of something out side the military or in . Make an appointment with the deputy assigned to handling the concealed carry paper work and see what he says. Hes the one that's going to decide anyhow.

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