What disqualifies a person from getting a concealed carry permit in North Carolina?

North Carolina is a “shall issue” state. This means that, if you meet the qualifications for a concealed carry permit, and you aren’t disqualified for any reason, the Sheriff is required to issue you a concealed carry permit.

In order to qualify for a concealed carry permit in North Carolina you must:

1. Be a citizen of the United States or a lawful permanent resident and be a resident of North Carolina for at least thirty days before you apply.
2. Be at least twenty-one years of age.
3. Not suffer from a physical or mental infirmity that prevents the safe handling of a handgun. (Note: This requirement is potentially unconstitutional, and there is litigation pending which might change the law on this issue.)
4. Successfully complete an approved firearms safety training course.

You may be disqualified from receiving a concealed handgun permit if you:

1. Are ineligible to own, possess, or receive a firearm under the provisions of State or Federal law.
2. Are under indictment or a finding of probable cause for a felony.
3. Have been found guilty of a felony (except for certain white-collar offenses.)
4. Are a fugitive from justice or have outstanding warrants.
5. Are an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance defined under federal law.
6. Have been adjudicated by a Court to be lacking mental capacity or mentally ill.
7. Were discharged from the United States Armed Forces under conditions other than honorable.
8. Have been convicted of certain misdemeanor crimes involving violence, firearms offenses, or offenses against the public peace.
9. Have been convicted of a misdemeanor crime of domestic violence.
10. Have been convicted of an assault or threat against a law enforcement officer, probation officer, detention officer, firefighter, EMT, medical responder, or emergency department personnel.
11. Have had a PJC for an offense which would disqualify you from receiving a concealed carry permit.
12. Are free on bond pending trial, appeal, or sentencing for a crime which would disqualify you from receiving a concealed carry permit.
13. Were convicted of an impaired driving offense within three years prior to applying for a concealed carry permit.

I was denied a concealed carry permit. Can I appeal?

Yes, you can appeal the denial of a concealed carry permit, and we can help! First, we need to determine why you were denied a permit. Fortunately, the Sheriff is required by law to notify an applicant within forty-five days, in writing, the reasons why their permit has been denied. If you were denied a concealed carry permit, and you did not receive a denial letter, you should demand that the Sheriff’s Office provide you with one. This is important because, on appeal, the Sheriff will be bound by the reasons stated in the written denial notice and cannot switch horses mid-stream by changing the reasons for denial at the appeal hearing.

Once we have determined the reason for the denial of the permit, we can appeal the Sheriff’s decision to the District Court in the County where you reside. At the hearing, the Judge is required to consider the facts of the case, the applicable law, and the reasonableness of the Sheriff’s refusal. If the Judge overturns the Sheriff’s refusal, then the Sheriff’s Office is required to issue a permit.

Do I have to come to Court to appeal a concealed carry permit denial?

While a hearing is required for an appeal of a concealed carry permit denial, not all counties require that you appear in person. Some counties such as Mecklenburg and Buncombe allow the parties to appear remotely by Webex. The good news is that we will attend the hearing with you and guide you every step of the way. We have helped hundreds of law-abiding citizens to regain their Second Amendment rights, and we want to do the same for you!

We have the experience to help make this process as smooth as possible for you. As part of the process, we will prepare the application for appeal for you. We will handle all of the filing and notice requirements. Also, we will meet with you prior to the hearing to ensure that you are prepared and that we have the best chance possible of winning.

Can you promise that you will win my case and I will get my concealed carry permit?

Unfortunately, no, we cannot promise you that we will win your case. In fact, it is unethical for an attorney to promise you that they will win your case. We can, however, promise you that we have the experience, skills, and systems necessary to maximize your chances for success, that we will fight for you, and that we do not take no for an answer!

What if the Judge denies my concealed carry permit appeal? Can we appeal again?

While it is technically possible to appeal the Judge’s decision in these cases, you must be able to show that the Judge’s decision was “arbitrary and capricious,” meaning that they ignored the law, or refused to follow it, and that no reasonable Judge could have denied the Petition under the circumstances. This is a very high standard, and it is very difficult to prove.

If your Petition is denied, you can re-apply for a concealed carry permit immediately, however, there may be strategic reasons to wait.

How much does it cost to appeal if my concealed carry permit is denied?

Our fees depend on the complexity of your case, the amount of time that it takes us to get you the result that you want, and the distance that we have to travel in order to help you. The best way to find out how much it will cost you to get your gun rights restored is to set up a consultation with our office. The good news is that our fees are generally fixed, not hourly, which means that you will know in advance precisely how much money you will spend. Also, we offer payment plans in order to make our services affordable to as many people as possible.

How long does it take to get my concealed carry permit through an appeal?

The amount of time it takes to get your concealed carry permit through an appeal mostly depends on where you live. Some counties in North Carolina are much more efficient than others; some counties have hearings on concealed carry permit appeals every two weeks, and other, smaller counties only hold hearings every three months. We have helped hundreds of people across the state to get their gun rights back, and on average, a hearing will be scheduled three to six months from the time that we file your appeal.

I was denied a concealed carry permit due to G.S. 14-415.12(a)(3) – “The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.” Can I appeal this decision?

Yes, you can appeal this decision to the district court in the county where you live. On appeal, you will need to show the Judge that you do not suffer from a physical or mental infirmity that prevents you from handling a handgun safely. In order to be successful on appeal, it is often necessary to examine the exact facts of your case, including your physical or mental health. These appeals are extremely fact specific, and having a lawyer experienced in concealed carry permit appeals is essential to succeed. If you were denied a concealed carry permit due to your physical or mental health, please contact our office so that we can meet and prepare a successful appeal for you.

I was denied a concealed carry permit due to G.S. 14-415.12(b)(1) “Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.” Can I appeal this decision?

Maybe. It depends upon which provisions of State or Federal law the Sheriff thinks disqualify you. The first step is to determine precisely why the Sheriff thinks that you are disqualified. If you are truly ineligible to own, possess, or receive a firearm under State or Federal law, then it will be necessary to remedy the underlying problem. But, sometimes, the Sheriff simply gets it wrong, and denies a permit to someone who is not prohibited. If that is the case, sometimes, we can convince the Sheriff to reverse the denial himself. If not, then it is necessary to appeal the Sheriff’s erroneous denial.

I was denied a concealed carry permit due to G.S. 14-415.12(b)(2) “Is under indictment or against whom a finding of probable cause exists for a felony.” Can I appeal this decision?

If you are truly under indictment or a finding of probable cause, then no, you should not appeal this decision. If, however, the Sheriff simply got it wrong, for example, in cases of mistaken I.D., sometimes, we can convince the Sheriff to reverse the denial himself. If not, then it is necessary to appeal the Sheriff’s erroneous denial.

I was denied a concealed carry permit due to G.S. 14-415.12(b)(3) “Has been adjudicated guilty in any court of a felony” Can I appeal this decision?

If you were convicted of a felony, then no, you will likely not be successful on an appeal. You must first seek a restoration of your gun rights after a felony conviction. Some important exceptions apply. If you were convicted of a felony that pertains to antitrust violations, unfair trade practices, or restraints of trade, then you should still qualify for a concealed carry permit. Also, if you were convicted of a felony, and you have had your rights restored, you should qualify for a concealed carry permit.

I was denied a concealed carry permit due to G.S. 14-415.12(b)(4) “Is a fugitive from justice” Can I appeal this decision?

If you are a “fugitive from justice” this likely means that you have an outstanding or unserved warrant for your arrest. Sometimes, this can result from something as simple as a missed court date. We also practice criminal defense. If you were denied a concealed carry permit for being a fugitive from justice, contact our office so that we can help you to identify to source of this problem and help you to resolve it.

I was denied a concealed carry permit due to G.S. 14-415.12(b)(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.” Can I appeal this decision?

Yes, you can, and should appeal if you were denied a concealed carry permit for being an unlawful user of drugs or alcohol. In fact, this is the most common reason that we see concealed carry permits get denied.

In order for the Sheriff to deny you on these grounds, he must show that:

1. You are currently an unlawful user of alcohol or drugs. In other words, he must show that you were unlawfully using drugs or alcohol at the time that you applied for the permit and/or;
2. That you are an “addict.” An addict is defined as “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.” 18 U.S.C. §802(1).

In order to mount a successful appeal in this type of case, it is essential that you have an experienced NC gun lawyer review your medical records and refer you to a mental health professional who can evaluate your relationship with drugs and alcohol and provide an assessment to the Court.

Many individuals who have been denied a concealed carry permit because they have a history of drug or alcohol use become discouraged. Do take it personally, do not let it set you back, and do not give up. Our office has helped hundreds of people with a history of drug and alcohol use to obtain a concealed carry permit. We have the tools and the experience necessary to help you to stand up for yourself and fight back. If you were denied a concealed carry permit due to drug or alcohol use, contact our office so that we can help you to prepare a successful appeal.

Can I be denied a concealed carry permit in North Carolina because I received consultative services or outpatient treatment for my mental health?

No, under North Carolina law, you cannot be denied a concealed carry permit for simply seeking or receiving consultative services or outpatient treatment for your mental health. If you were denied a concealed carry permit for this reason, please contact our office so that we can guide you and help you to prepare a successful appeal.