Gun Permit Denials

If you or someone you know in Iredell County, North Carolina has applied for a gun permit and has been denied, know that you do not have to simply accept this refusal as the final say. North Carolina law states that a person who meets the requirements to obtain a gun permit is entitled to one. In other words, if you qualify, the Sheriff’s office must grant your gun permit application. Sometimes the local Sheriff may improperly deny a request for a gun permit. Or, it is possible that the local Sheriff's office is mistaken about the actual permit requirements.

At Arnold & Smith, PLLC, our knowledgeable attorneys will advise you of your rights regarding gun permits in North Carolina. We can help you appeal a gun permit denial before the appropriate court. When you file an appeal of a gun permit denial, you provide facts and legal arguments as to why you are entitled to a grant of your permit application. We can fight to try to get the prior decision reversed. Of note, North Carolina law only allows one appeal of a denial of a gun permit. For this reason, it is vital that you consult with an experienced attorney so that the appeal work is done correctly the first time around. If someone wants to obtain a gun permit in North Carolina, the applicant must undergo a criminal and mental health screening process. Generally, these criminal and mental health screenings are done through an administrative process at the local Monroe, Union County Sheriff’s Office. In other words, a gun permit may be denied in cases where the individual applying has a history of a felony conviction, domestic violence charges, or is deemed to be mentally unfit.

A charge relating to weapons can happen in many different forms. Moreover, the specific circumstances surrounding each arrest and charge will differ. Under North Carolina law, prosecutors and judges take these crimes seriously and they affect other areas of the person’s life. Thus, if you are facing a weapons offense charge in Waxhaw or other parts of Monroe, Union County, North Carolina you should contact an experienced criminal defense attorney to fight these charges on your behalf.

Some common North Carolina weapons offense charges include:

• Assault with a deadly weapon;
• Carrying a concealed weapon without a permit;
• Possessing a weapon on school grounds;
• Possession of a weapon during a drug-related offense;
• Unlawful possession of a firearm; and
• Possession of a firearm by a felon.

Both North Carolina state law and federal law prohibit convicted felons from possessing a firearm. The exception to this prohibition is if the convicted felon has had his or her civil rights restored by a North Carolina District Court. Specifically, North Carolina law allows someone who was convicted of a nonviolent felony in the state whose civil rights have been restored for at least 20 years to petition the district court to restore the person’s rights to a firearm. If you or someone you know is a convicted felon, it is critical to understand that you may still be charged with possession of a firearm even if you are not the one actually carrying the gun. This is because simply having a gun in your home or vehicle may be sufficient to charge and convict you with possession of a firearm under the law.

Even if you are not a convicted felon, you may still face misdemeanor weapons charges under the law if you are found to be carrying a concealed weapon without a valid concealed handgun permit. The penalties in Union County and other parts of North Carolina regarding a conviction of a weapons violation range from major monetary fines to active jail time. Someone who is charged and convicted with possessing a gun in connection with a violent crime or a drug crime may face even harsher penalties under the law.

While the above are some of the more serious weapons charge offenses under the law, many individuals who face weapons charges in Waxhaw or other parts of Union County, are victims of circumstance. Sometimes the accused may have simply forgotten about a weapon that is located in a jacket or vehicle. Other times, the person does not know that a companion is carrying a firearm. In any event, the experienced criminal defense attorneys at Arnold & Smith, PLLC can help build your defense in order to dispute the charges you may be facing. Our skilled attorneys are prepared to aggressively defend our clients from the most serious weapons charges in North Carolina. If you or someone you know is facing one of these serious charges, contact us right away.