Have you applied for a gun permit in North Carolina, only to have been denied? You do not have to accept this decision. If you are entitled to a gun permit, the state must grant you one. Depending upon the circumstances an experienced attorney can help you make an appeal before a judge and rightfully obtain a gun permit.
Over 25 Years of Criminal Defense Representation
At the Law Office of Christopher A. Connelly, we have over 25 years of experience in providing our clients with effective criminal defense representation. This includes fighting gun permit denials.
Attorney Chris Connelly is certified as a Specialist in State Criminal Law by the North Carolina State Bar. He is a member of the North Carolina Advocates for Justice and the National College for DUI Defense, and he has over 25 years of experience in the criminal justice system. He personally manages every case at our firm, seeing that each client receives skilled and knowledgeable representation.
(Note that we may associate an attorney in another firm to assist with some cases. We also, of course, employ capable support staff who handle various administrative aspects of cases.)
The sheriff MUST grant your application if you meet certain statutory requirements. However, the Sheriff will sometimes improperly deny your permit. You can appeal the denial to the chief District Court judge. Their decision is final and you cannot appeal the chief District Court judge's decision. You must do it right the first time.
Do not accept a gun permit denial if you are rightfully entitled to one. Get an experienced Charlotte gun permit denials lawyer to represent you. Contact our Charlotte office to arrange a consultation.
Appeal for Gun Permit Denials
A gun permit is required if a person wants to purchase a firearm or to carry it concealed. Applications for gun permits are initially done through an administrative process at the county Sheriff's Office. An applicant must also go through a criminal history and a mental health background check.
Gun permits can be denied if a person is not mentally fit and has been charged or convicted of certain enumerated misdemeanors occurring during specified times and/or crimes:
- Any felony conviction
- Domestic violence
Attorney Connelly will file a document with the judge, outlining why denial was improper. This is usually because the conviction a sheriff relied upon in denying a permit was not one of the enumerated convictions. If you are otherwise entitled to a gun permit, the court must grant you one.
Restoring Firearms' Rights
In certain instances, a defendant convicted of prescribed offenses may have his firearms rights restored pursuant to NC state law.
The purpose of the law is to allow a North Carolina resident who was convicted of a single nonviolent felony who has complied with other statutory conditions to restore their firearms rights in this State. This would means that the person may purchase, own, possess, or have in the person's custody, care, or control any firearm.
The person must wait to file a Petition until 20 years after their conviction and compliance with all sentencing conditions. The court may restore a petitioner's firearms rights after a court hearing if the judge determines that the petitioner meets the criteria of the law, is not otherwise disqualified to have that right restored and has not been convicted of certain other offenses in the past 20 years.
The Petition will be denied if they are have a pending felony, been dishonorably discharged from the military, been convicted of or received a PJC for certain crimes or is otherwise statutorily ineligible.
A successful restoration is not the equivalent to an expunction of any criminal history record information and does not constitute a pardon.
If you were denied a firearm permit in Mecklenburg County, call 704-376-9376 or e-mail our Charlotte office. Schedule a consultation with an experienced Charlotte gun permit denials attorney. We serve clients in courts throughout Mecklenburg County and Cabarrus County.
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