help please

help please

This is a discussion on help please within the New Members Introduce Yourself forums, part of the Welcome To category; Hi. New here and have a question maybe someone can help with. I live in NC and 28 years ago I got in trouble when ...

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  1. #1
    New Member Array Rusty616's Avatar
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    Jun 2013
    North Carolina

    help please

    Hi. New here and have a question maybe someone can help with. I live in NC and 28 years ago I got in trouble when I was 19 I spat upon someone to try to get a fight started which now I understand how stupid it was and was charged with a 14-33 (a) Will I be able to get a concealed carry permit with this against me and if not any suggestions on what I could do that may not cost me $2000. Thanks for any help. If

  2. #2
    Array msgt/ret's Avatar
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    Jun 2006
    North Carolina
    Having looked up the statute it is a simple misdemeanor and as such should cause you no problem.

    G.S. 14-33

    And welcome from Goldsboro.
    Last edited by msgt/ret; June 30th, 2013 at 07:07 PM.
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  3. #3
    VIP Member Array OldVet's Avatar
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    Hiding inside a bottle of Jim Beam Black in S. FL.
    I believe in NC that local sheriffs make all the decisions on issuing permit (which sucks). Ask yours.
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    VIP Member Array Welder516's Avatar
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    Welcome to you from Maryland ... best wishes to you
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  6. #5
    VIP Member Array Badey's Avatar
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    Did the crime carry up to a 1 year sentence?
    "... advice is a dangerous gift, even from the wise to the wise, and all courses may run ill." -J.R.R. Tolkien

  7. #6
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    Array high pockets's Avatar
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    Georgia for now
    Welcome to the forum!

    I am not an attorney, AND did not stay at a Holiday Inn last night, so I can be of no assistance with your question.
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  8. #7
    Ex Member Array Manderinobyebye's Avatar
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    Apr 2013
    Sometime ago,i asked a CCP instructor,if someone passed all the background cks,who had the final say,so far as getting their CCP?.I was just curious.He told me in S.C.,the sheriff of the county,you live in.If it's that way,in,N.C.,and you can't find the answer,maybe, see if your sheriff,will take a few mins,to talk with you.Worse thing to happen is,you waste a phone call.Good luck.

  9. #8
    Distinguished Member Array Dan060's Avatar
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    Apr 2013
    Unless it's changed,it is the sheriff,in S.C.,and i think,but not sure,it is the sheriff in N.C., as OldVet mentioned.It's worth a try,unless,someone from N.C,on here,can tell you,for sure.
    I wouldn't think,your past would keep you from getting one,but,this day and time,no telling.Wish you luck.

  10. #9
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    Welcome to the forum.

    Simple Class 2 misdemeanor 28 years ago shouldn't be a problem if your record is clean since then. Of course if the person you were trying to provoke those 28 years ago happens to be the sheriff now and has a long memory, it might make a difference!
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  11. #10
    Distinguished Member Array Once's Avatar
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    Feb 2012
    Welcome and good luck

  12. #11
    Member Array ginzo's Avatar
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  13. #12
    VIP Member Array NC Bullseye's Avatar
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    Apr 2009
    NC Foothills
    Here is the NC statute that says what will disqualify you from receiving a NC carry permit.

    14‑415.12. Criteria to qualify for the issuance of a permit.

    (a) The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria:

    (1) The applicant is a citizen of the United States and has been a resident of the State 30 days or longer immediately preceding the filing of the application.

    (2) The applicant is 21 years of age or older.

    (3) The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.

    (4) The applicant has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the laws of this State governing the carrying of a concealed handgun and the use of deadly force. The North Carolina Criminal Justice Education and Training Standards Commission shall prepare and publish general guidelines for courses and qualifications of instructors which would satisfy the requirements of this subdivision. An approved course shall be any course which satisfies the requirements of this subdivision and is certified or sponsored by:

    a. The North Carolina Criminal Justice Education and Training Standards Commission,

    b. The National Rifle Association, or

    c. A law enforcement agency, college, private or public institution or organization, or firearms training school, taught by instructors certified by the North Carolina Criminal Justice Education and Training Standards Commission or the National Rifle Association.

    Every instructor of an approved course shall file a copy of the firearms course description, outline, and proof of certification annually, or upon modification of the course if more frequently, with the North Carolina Criminal Justice Education and Training Standards Commission.

    (5) The applicant is not disqualified under subsection (b) of this section.

    (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) 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 of the United States 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, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑288.20A, 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.
    If none of that covers you then you will be good to go.
    msgt/ret likes this.
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  14. #13
    VIP Member Array Old Chief's Avatar
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  15. #14
    VIP Member Array Dangerfield's Avatar
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    Welcome to Defensive Carry The best forum for sharing ideas and experience.

    Help us keep this forum great by remembering the Golden Rule: Please treat others as you want to be treated.

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