Nashville, TN asked in Criminal Law for North Carolina

Q: I currently have pending misdemeanor charges for several things and I need some answers.

Will pending misdemeanor charges for possession of weed, concealed carry without a permit and reckless driving prohibit me from obtaining my concealed carry handgun permit in NC?

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1 Lawyer Answer
Bill Powers
Bill Powers
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Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: GREAT QUESTION

The Concealed Carry Permit in North Carolina is largely controlled by NC Criminal Law Chapter 14-415.11 and N.C.G.S. 14-415.12.

In addition to certain conditions precedent regarding attending and passing coursework, some level of discretion is given to the Local Sheriff in issuing the permit.

The law reads in relevant part:

The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies for a permit under G.S. 14-415.12

The "Criteria to Qualify" for an Issuance of a Permit include things like:

US Citizen or lawfully admitted permanent residence

Must have resided in NC for 30 days or more prior to the application for the permit

The applicant must be at least 21 years old

The applicant cannot "suffer from a physical or mental infirmity" that prevents handling a handgun safely.

The Sheriff may lawfully DENY A PERMIT if the applicant is:

Under Indictment for a felony

Fugitive from Justice

USER OF MARIJUANA

An addicted user of alcohol, any depressant, stimulant, or narcotic drug

Section (b)(5) of N.C.G.S. 14-415.12 reads:

(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.

FOR MORE INFORMATION SEE:

CAN I GET MY CHARGES DISMISSED: https://www.carolinaattorneys.com/blog/can-my-charges-get-dismissed/

HOW TO GET A POSSESSION CHARGE DROPPED: https://www.carolinaattorneys.com/how-to-get-a-possession-charge-dropped.html

DRUG CRIMES IN NC: https://www.carolinaattorneys.com/charlotte-nc-drug-crimes.html

WHAT IS PARAPHERNALIA: https://www.carolinaattorneys.com/drug-paraphernalia-possession.html

ALCOHOL OFFENSES: https://www.carolinaattorneys.com/alcohol-offenses-and-violations.html

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