Going through the process to get a permit to carry a concealed weapon in North Carolina can be tiring enough—you took a specially approved training course, got your fingerprints taken at your local Sheriff’s department, signed the medical release, paid the non-refundable application fee…only to receive an email back from the Sheriff with the subject line, “Your Application Has Been Denied.” So now what? Is this a permanent bar? What do you do next?
Fortunately, a denial from the Sheriff’s department is not necessarily final. Maybe you were denied because of something in your mental health records, a certain conviction, or a civil no-contact order. Perhaps it was because of a previous substance abuse issue or an involuntary commitment (“IVC”) years ago during a one-off downward spiral. There are so many reasons you may be denied to receive your Concealed Carry (“CCW”) Permit (as laid out in North Carolina General Statute § 14-415.12), and the remedy for each denial will depend largely on that reason. Because the method for overturning the Sheriff’s denial (sometimes called a gun permit appeal) is so fact-specific, it’s important to at least consult with an attorney about your specific situation to make sure your case has the best chance of success.
If the situation warrants it, your attorney can help you file a petition in the District Court asking for a hearing before a judge. In that hearing you will have the opportunity to present whatever evidence is necessary to show the court that the Sheriff’s denial of your CCW permit was incorrect. The main reason having the assistance of a lawyer is so crucial to appealing a CCW permit denial is that once you formally petition the court to overturn the denial, the court’s decision is final. There is no appealing it to a higher court, and there is no re-do.
If you or a loved one was denied for a CCW permit, make an appointment to speak with one of our attorneys here.