Obtaining a gun license for the first time can be an exciting endeavor. Whether you plan to hunt, collect, go to the range, or simply defend your family, owning a firearm can be a great experience. Unfortunately, many people in the Charlotte region are denied a pistol permit by the County Sheriff’s Office; this might come as a shock to many people, especially if they are unaware of violating any regulation or requirement.
Your journey to obtain a pistol permit does not have to stop after you have been denied. You can appeal the Sheriff’s Office decision at the County Clerk of Superior Court. The appeals process is not always straightforward and easy, and it helps to consult an attorney who can help you move forward after being denied. If you are having difficulty obtaining a pistol permit, we can help. Contact the attorneys at Arnold & Smith, PLLC today for your initial consultation.
Figure Out Why You Were DeniedIn most cases, the Sheriff’s Office is legally required to inform you in writing the reason for denying your application. If the reason for denial is vague or unclear, an attorney can help obtain a better response. The Sheriff’s Office is legally required to inform you of the exact reasons for your denial within seven days of the final decision. They also must cite specific laws, facts, and regulations that have contributed to their final decision. Once you know the reason you were denied, you can plan your next move with your attorney.
Starting the Appeal ProcessAccording to the North Carolina State Legislature, you are guaranteed the right to an appeal if you have been denied a gun permit. As part of the appeals process, you will need to work with your attorney and prepare for your hearing. This involves preparing evidence, gathering documentation, and generally figuring out how you are going to show the court that you are entitled to own and use a firearm.
It is important to note that you are only allowed to appeal a denied pistol permit once. Because you only get one shot at this, it is critical to have an attorney who can help with the appeals process. The right attorney can help prepare your appeal and defend your case to the Clerk of Court.
Getting a PardonThere are many requirements that you must meet when applying for a pistol permit in North Carolina. While the exact requirements may differ from county to county, many universal factors come into play - even on a national scale. One of the most notable things that the Sheriff’s Office will consider is your criminal record. If you have been convicted of a felony in the past, you will most likely be denied a pistol permit.
With that said, you can try and bypass this issue with a pardon. If you have been denied a pistol permit in your county because of a past felony conviction, your attorney may be able to help you obtain a pardon. After you obtain a pardon, you can re-apply for a pistol permit with a higher chance of success. There is a specific type of pardon intended for those seeking to obtain a gun permit, called an unconditional pardon. It is important to note, however, that pardons are rarely granted in North Carolina.
Hold the Sheriff’s Office AccountableIn 2015, important changes were made to North Carolina’s gun permit laws. These changes made it easier to obtain a gun permit and placed additional restrictions and limitations on sheriffs when assessing applicants. One of the most important changes pertains to character affidavits. Under the older legislation, sheriffs were able to consider affidavits and oral evidence when assessing an applicant’s moral character.
The new legislation clearly states that a sheriff may only collect certain things from applicants: including proof of residence, court order forms, and identification. If the County Sheriff’s Office has used oral evidence or affidavits to determine whether or not you should be approved, they may have violated your rights.
Seek Legal AssistanceIf you believe that you have been wrongly denied a pistol permit, we are here to help. At Arnold & Smith, PLLC, we can help you navigate the appeal process. Contact us today for your initial consultation. For your convenience and safety, we now offer video and phone conferencing. If you prefer an in-person consultation, we have three easy to reach locations in Uptown Charlotte, Monroe, and Mooresville. Contact us today at 704-370-2828 to learn how we can defend your right to bear arms.