weapons permitsdcin.ncsbi.gov/euidocs/training/mod4.pdf · weapons permits . special operations...

WEAPONS PERMITS

Special Operations Division Criminal Information and Identification Section

Law Enforcement/Criminal Justice Use Only Revised 11/24/2008

Law Enforcement/Criminal Justice Use Only

TABLE OF CONTENTS

PERMIT TO PURCHASE & CONCEALED HANDGUN PERMITS Permit to Purchase Handgun

Purpose 7 Criteria of Issuance 8 Grounds for Denial 8 Decision to Issue or Deny Permit to Purchase 9 Appeals 10

Concealed Handgun Permits Purpose 10 Criteria of Issuance 11 Grounds for Denial 12

Initial Application Process Concealed Handgun Permit 13 Emergency Temporary Permit 18

Renewal Permit Process Renewing an Active Permit 20 Renewing an Expired Permit 22 Permit Extension & Renewals for Deployed Military Permittees 24

Changes to Permits Address Changes 25 Duplicate Permits 26 Suspensions 27 Revocations 27

Sanctions & Appeals Sanctions 28 Appeals 29

Fees and Billing Fees 29 Billing 30

Dissemination of Concealed Handgun Permit File Information Law Enforcement Dissemination 30 Public Registry 30

Concealed Handgun Permit Reciprocity Scope 31 Participating States 31

Transactions into the Concealed Handgun Permit File Enter – ECG 31 Enter/Add Status – ECGN 32 Modify – MCG 33 Cancel Status – XCGN 34 Query – QCG 34

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Notification of Concealed Handgun Permit Violation – NCGV 35 Query Nlets Concealed Weapons – QCW 36

Cross Searches 36 Selection of the Default Notification ORI 36 Forms Section

Disqualifying Offenses Chart 39 Concealed Handgun Permit Application 41 The Do’s & Don’ts of Carrying a Concealed Handgun 43 Physical/Mental Health Release 44 Example of Concealed Handgun Permit Card 45 Change of Address Form 46 Notice of Denial of Application 47 Statement of Loss/Destruction of Permit 48 Sample Renewal Letter 49 Exemption from Firearms Course 50 Renewal Affidavit 51 Notice of Probable Cause & Hearing 54 Notice of Findings of Revocation Hearing 55 Example of Emergency Temporary Permit 56 Example of Temporary Duplicate Permit 56 Example of Address Change Form 57 Example of Address Change Notification to New Sheriff 57 Example of Notification of Concealed Handgun Permit Violation 58 Example of “No Prior Record” Fingerprint Response 59 Example of “New Criminal Activity” Fingerprint Response 59

Independent Exercises – Concealed Handgun Permits 60 NATIONAL INSTANT CHECK SYSTEM - NICS Contents of the Law

Introduction of NICS 64 Federal Law Requirements 64 Alternative to Required NICS Check at Time of Transfer 65

NICS Index Inquiry Transactions Name Inquiries – QN or QNP 66 Record Inquiries - QNR 68 Denial Notification – NDN 69 Denial Overturned Notification – NDO 69

NICS Denied Persons Transactions Enter Denied Persons – EDP 69 Modify Denied Persons – MDP 70 Supplement Denied Persons – SDP 70 Cancel Denied Persons – XDP 70 Query Denied Persons – QDP 71 Denied Person File Retention 71

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Access, Dissemination, and Appeals of NICS File Records Access and Dissemination 71 Appeals Procedures 71

Retention of Records Weapon Permits and Applications 72 NICS Inquires and Responses 72

Forms Section Supplementary Questions for Applicants for a Permit To Purchase 74

Independent Exercises – NICS System 75

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Title: Module 4 – Weapons Permits Purpose: To present to the student an overview of concealed

handgun permits, criteria for issuance of a concealed handgun permit, types of background records checks required for the issuance of hangun permits, and procedures regarding the issuance of these permits.

Training Objectives:

At the end of this block of instruction, the student will be able to achieve the following objectives in accordance with information received during the instructional period: 1. Identify the criteria for issuance that an individual

must meet before a permit to purchase may be issued.

2. Identify the two types of concealed handgun permits that may be issued by Sheriffs in North Carolina.

3. Identify the criteria for issuance that an individual must meet in order to apply for a concealed handgun permit.

4. Identify the record checks required under federal and/or state law before the issuance of a handgun permit.

5. Discuss the forms and fees which must be provided to the Sheriff’s Office by an individual applying for an initial concealed handgun permit and an application for renewal for concealed handgun permit.

6. Discuss the procedures that the Sheriff’s Office must follow when handling the following: • Applications for permit to purchase a handgun

permit • Applications for initial concealed handgun permit • Applications for renewal of a concealed handgun

permit • Permittee address change • Duplicate permit requests • Court-ordered suspensions of a concealed

handgun permit • Permit revocation proceedings

7. Discuss CIIS’s regulations on dissemination of concealed handgun permit information.

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8. Given a scenario, identify which transaction(s) would be used to perform a National Instant Check System (NICS) check on an applicant for a weapons permit.

Hours: Six (6) Instructional Method:

Lecture/Discussion

Training Aids: Computer Slide Projector Computer Slideshow Student Training Manual/Workbook

Revised By: Revised Date: Revised By: Revised Date: Revised By: Revised Date: Revised By: Revised Date:

Jeannie McBride District Training Specialist Training Unit SBI Criminal Information and Identification Section November 24, 2008 Jeannie McBride District Training Specialist Training Unit SBI Criminal Information and Identification Section October 06, 2008 Jeannie McBride District Training Specialist Training Unit SBI Criminal Information and Identification Section December 10, 2007 Gene Melvin District Training Specialist Training Unit SBI Criminal Information and Identification Section June 29, 2004

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I. WEAPON PERMIT INFORMATION

A. Types of Permits Available 1. Permit to Purchase a Handgun 2. Concealed Handgun Permits

II. PERMIT TO PURCHASE A HANDGUN OR CROSSBOW A. Purpose

1. It is unlawful for any person, firm, corporation in this state to sell, give away, transfer, purchase or receive any handgun or crossbow unless a permit has been obtained.

2. The purchaser or receiver of a handgun or crossbow must either:

a. Obtain a permit from the sheriff of the county in which the

purchaser or receiver resides. OR, b. The purchaser must possess a valid North Carolina issued

concealed handgun permit and be a current resident of NC at the time of the purchase. The only exception would be a nonresident when the purpose is for collecting.

3. An individual must complete an application process.

4. The Sheriff may issue a permit to purchase to a resident of his

county. He may issue a permit to purchase to a nonresident when the purpose of the permit is for collecting.

5. Any violation would be a Class 2 misdemeanor.

EXCEPTION: The transfer of “antique firearms” or “historic edged weapons”. An “antique firearm” is one that was manufactured on or before 1898 and includes any firearm with a matchlock, flintlock, percussion cap, or similar ignition system, or a replica thereof, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. It also includes any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black power substitute, and which cannot use fixed ammunition. The term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver; is converted into a muzzle loading weapon; or is a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechlock, or any combination thereof. Any firearm that takes fixed ammunition would require a permit.

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A “historic edge weapon” is defined to be a bayonet, trench knife, sword, or dagger manufactured during or prior to World War II but no later than January 1, 1946.

B. Criteria for Issuance 1. The applicant must be a resident in the county where permit to

purchase application is made. The only exception is a nonresident may apply if the purpose of the permit is for collecting.

2. The applicant must be at least 18 years of age to receive a pistol

purchase permit. The applicant must be 21 years of age, however, to purchase a handgun from a federally licensed firearms dealer.

3. The applicant may seek the permit for protection of the home,

business, person, family, property or for target shooting, collecting or hunting.

4. The Sheriff will conduct a criminal background check on the

applicant to include a National Instant Check System (NICS) inquiry and an Administrative Office of the Courts (AOC) inquiry.

5. The Sheriff must believe the applicant is of good moral character.

6. NC law enforcement officers are not required to complete the

application process and obtain a permit to purchase if they are purchasing a handgun for official law enforcement duties. However, if the purpose of obtaining the handgun is not for official duties, then the individual would be required to complete the application process and obtain the permit to purchase.

7. A permit is required before presenting a retired officer with his

duty weapon.

C. Grounds for Denial – Review Disqualifying Offense Chart 1. Individual is under indictment or information for or has been

convicted in any state, of a felony. 2. Individual is a fugitive from justice.

3. Individual is an unlawful user of or addicted to marijuana or any

depressant, stimulant, or narcotic drug.

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4. Individual has been adjudicated mentally incompetent or has been committed to any mental institution.

5. Individual is an alien illegally or unlawfully in the US. The US

Attorney General has issued a directive that requires an Immigration and Customs Law Enforcement Support Center iquiry (IAQ) be performed on ALL Non-US Citizens who apply for a Permit to Purchase a handgun.

6. Individual has been discharged from the armed forces under

dishonorable conditions.

7. Individual has renounced his or her citizenship.

8. Individual is subject to a court order that: a. Was issued after a hearing of which the person received

actual notice, and at which the person had an opportunity to participate;

b. Restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

c. Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

9. Individual who, in the Sheriff’s opinion, does not believe the

individual possess good moral character.

D. Decision to Issue or Deny Permit to Purchase 1. If upon the completion of the necessary background checks

conducted by the Sheriff’s Office, no prohibiting factors were found then the permit may be ISSUED.

2. Once issued, the permit to purchase will be valid for 5 years from

the date of issuance.

3. The Sheriff shall charge $5.00 for issuing the permit.

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4. If upon the completion of the necessary background checks conducted by the Sheriff’s Office, prohibiting factors were found then the permit should be DENIED.

5. If the permit to purchase is denied, the Sheriff shall provide the

applicant within seven days of the denial a written statement of the reason(s) for the denial.

E. Appeals

1. An applicant may appeal the decision of the Sheriff regarding their permit to purchase by petitioning the Chief District Court Judge of the district in which the application was filed.

2. The determination of the court, on appeal, is final.

III. CONTENT OF THE CONCEALED HANDGUN LAW

A. Purpose 1. Enacted by the 1995 session of the NC General Assembly;

became effective December 1, 1995. 2. Allows approved NC residents to carry a concealed handgun,

within limits, if they have received a concealed handgun permit from the Sheriff of their county of residence.

3. Two types of permits allowed under the law

a. Concealed Handgun Permit - permits are valid for 5 years from date of issuance.

b. Emergency Temporary Permit - valid for 90 days from date of issuance.

4. Permittee must carry permit, along with valid ID, whenever in

possession of a concealed handgun. 5. Permittee must advise a law enforcement officer, when

approached, that he has a valid permit and is carrying a concealed handgun. Upon the officer’s request, the permittee must show both the permit and the valid identification.

6. Areas where concealed handguns are prohibited include, but are

not limited to: a. State property (exception: state-owned rest areas and

state-owned rest stops along the highway are allowed) b. Public gatherings (such as funerals and parades)

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c. Any law enforcement/correctional facility d. Financial institutions e. Areas prohibited by federal law f. Areas where alcohol is sold and consumed g. Any premise where the legal owner has posted a

conspicuous notice that concealed handguns are not allowed

B. Criteria of Issuance 1. An applicant must be a citizen of the US.

2. An applicant must be a resident of NC for 30 days prior to the

application being filed.

3. An applicant must be at least 21 years of age.

4. An applicant must not suffer from any physical or mental weakness that prevents the safe handling of a handgun.

5. An applicant must have successfully completed an approved

firearms safety and training course. EXCEPTION:

- If applicant is applying for an Emergency Temporary Permit only,

- If applicant is a current NC sworn or retired NC sworn law enforcement officer, the safety and training course is not required. NOTE: The retired NC officer must be retired for less than 2 years prior to the date of application.

- Individuals who are armed security guards with a current Firearms Registration Permit issued by Private Protective Services.

6. A current sworn law enforcement officer is defined by GS 14-

415.10(5) as an LEO employed by a local, State, or company police agency in NC who satisfies all of the following: a. Is authorized by the agency to carry a handgun in the

course of duty; and b. Is not the subject of a disciplinary action by the agency that

prevents the carrying of a handgun; and c. Meets the requirements established by the agency

regarding handguns.

7. A retired sworn law enforcement officer is defined by GS 14-415.10(5) as an individual who retired from service as a LEO with a local, State, or company police agency in NC, other than for reasons of mental disability, who has been retired as a sworn law

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enforcement officer two years or less from the date of the permit application, and who satisfies all of the following: a. Within six months of retirement was a qualified law

enforcement officer with a local, State, or company police agency in NC; and

b. Has a non-forfeitable right to benefits under the retirement plan of the local, State, or company police agency as a law enforcement officer, or has 20 or more years of law enforcement service and has retired from a company police agency that does not have a retirement plan; and

c. Is not prohibited by State or Federal law from receiving a firearm.

NOTE: North Carolina correctional officers, federal law enforcement officers, military, or out-of-state law enforcement officers (living in NC) are NOT exempt from firearms training.

C. Grounds for Denial

1. Individual is ineligible to own, possess or receive a firearm under the provisions of state or federal law.

2. Individual is under indictment or information for or has been

convicted in any state, of a felony.

3. Individual is a fugitive from justice.

4. Individual is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug.

5. Is currently, or has been previously adjudicated by a court or

administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.

6. Individual has been convicted of an impaired driving within three

years prior to the date of when the application was submitted.

7. Individual has had an entry of prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

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8. Individual is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

9. Individual has been adjudicated guilty or received a prayer for

judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including, but not limited to, a violation of an offense under Article 8 of Chapter 14 of the General Statutes. (This encompasses most assault offenses). NOTE: See Disqualifying Offences Chart.

10. Individual has been adjudicated guilty of or received a prayer for

judgment continued or suspended sentence for offenses constituting a misdemeanor under the following specific statutes, or any other crime of violence. NOTE: See Disqualifying Offences Chart.

11. Individual has been discharged from the armed forces under

conditions other than honorable.

12. Individual is an alien illegally or unlawfully in the US.

13. Individual has renounced his or her citizenship.

14. Individual is subject to a court order restraining them for committing domestic violence, or the individual is convicted in any court of a misdemeanor crime of domestic violence.

15. Background investigations must be conducted on applicant to

determine if any grounds for denial exist.

16. Required DCIN record checks: a. National Instant Criminal Background Check System (NICS)

- includes state/national criminal history and NICS Index inquiry

b. Wanted Person inquiries c. DMV inquiries d. Administrative Office of the Courts (AOC) inquiries

IV. Initial Application Process

NOTE: This process is for the applicant who has NEVER had a NC concealed handgun permit.

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A. Concealed Handgun Permit

1. Applicant’s Submission a. Application Form

(1) Same type of form used for all applications (2) Triplicate: a copy can be given to the applicant, and

the other copies maintained and utilized within the Sheriff’s Office for processing (ex. background checks, fingerprinting, file, etc.

(3) Notarized signature of permittee (notarization does not have to occur within the Sheriff’s Office.)

(4) 3 areas: Personal Identification, Applicant’s Testimony, Sheriff’s Checklist

(5) Information from the application is data entered into the DCI network by the SO personnel

b. Non-refundable application fee

(1) $80.00 for new application, unless applicant is a retired law enforcement officer

(2) $45.00 for new application for a retired law enforcement officer (see definition on page 13)

c. One set of fingerprints (one applicant fingerprint card)

administered by the Sheriff. The Sheriff’s Office can charge the applicant a fee, not to exceed $10.00, to cover the cost of processing the fingerprints.

d. Original certification of completion from an approved

firearms safety course indicating that the subject has successfully completed this course. NOTE: This form is not required if: - If applicant is applying for an Emergency Temporary

Permit only, - If applicant is a current sworn or retired sworn law

enforcement officer, - If applicant is a current sworn or retired sworn law

enforcement officer, - Individuals who are armed security guards with a

current Firearms Registration Permit issued by Private Protective Services.

If exempt from the firearms safety course due to law enforcement status, the applicant must complete the Exemption from Firearms Safety Course form; sample form located in the FORMS section of this booklet.

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e. Physical and Mental Health Release Form authorizes the disclosure to the Sheriff of any records concerning the physical and mental health capacity of the applicant.

2. Sheriff’s Processing

a. Enter data from application form into the DCI network b. Submits fingerprints to SBI c. Conducts any background checks necessary d. Within 90 days of the date the application was accepted by

the Sheriff’s Office, the Sheriff has to issue or deny the permit request.

e. Updates the application status in the DCI system indicating Sheriff’s decision

3. Submission of Fingerprints

a. If your agency has a Live Scan device, prints may be submitted electronically to the SBI. This may significantly shorten the processing time needed for a fingerprint criminal history record check.

b. Fingerprints must be taken on Applicant Fingerprint Card

(1) Place the ORI of the contributing Sheriff, along with the Sheriff’s Office name and address in the Employer Block.

(2) Indicate “NCGS 14-415.13 - Concealed Handgun Permit” in the Reason Fingerprinted Block (may use stamp provided by SBI/DCI).

(3) Indicate “CHP” in the OCA field. (4) Sheriff’s Office staff should complete the remainder of

the card appropriately.

c. Mail to SBI in the User Fee Envelope (ones with blue borders), unless submitted electronically via Live Scan/AFIS. Stamp the outside of the envelope with the same stamp provided for the Applicant Fingerprint Cards for easier recognition and processing assignment.

d. Illegible fingerprint cards will be returned to the contributing

agency. It will be the contributing agency’s responsibility to contact the applicant to have the fingerprints re-rolled. An additional processing fee cannot be charged to the applicant. If returned, return corrected cards and all paperwork (including original rejected cards) to the SBI.

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e. Acceptable fingerprints are searched through the SBI database (and FBI database, as needed) to determine if the person has a criminal history record on file.

4. Fingerprint Search Responses

a. Upon conclusion of database search(s), the SBI will notify the contributing Sheriff’s Office of the findings via an on-line message. It will either indicate: (1) Prior Criminal Record; SID and/or FBI number will be

provided; or, (2) No Prior Record Found

b. The fingerprint card will not be returned to the contributing agency. If your department desires a copy to keep, it is recommended that a second set be taken and retained in your files.

c. The fingerprint images will be maintained in the State

Automated Fingerprint Identification System (SAFIS) at the SBI. These images will be searched against future arrest/custody cards received. If a match is found, the Sheriff that contributed the applicant’s fingerprints for the concealed handgun permit reason will be notified by an on-line terminal message from DCI advising: (1) Warning-New Criminal Activity and the SID and/or FBI

number will be provided. (2) This new criminal activity may be grounds for

revocation of the permit.

5. Decision to Issue or Deny a. If upon the completion of the necessary background checks

conducted by the Sheriff’s Office and/or the receipt of the fingerprint card criminal records search from the SBI/FBI, the Sheriff decides to ISSUE the permit, he must update the application record in the DCI system indicating the issuance of the permit (1) This entry immediately updates the status of the card

to “Issued” with an expiration date calculated for 5 years from date of issuance.

(2) This update indicating the issuance of the permit will notify the SBI to print the concealed handgun permit card.

(3) These printings will occur on Wednesday mornings based on the transactions entered by the Sheriff’s Office during the previous week.

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(4) The cards will be quality controlled checked at the SBI and mailed in a packet to the issuing Sheriff on Wednesday or Thursday of the printing week.

NOTE: If permit cards for the “issued” permits have not been received by your agency within one week following your update indicating their issuance, please contact the SBI.

b. If upon the completion of the necessary background checks

conducted by the Sheriff’s Office and/or receipt of the fingerprint card criminal history search conducted by the SBI/FBI, the Sheriff decides to DENY the permit, he must: (1) Update the application form and the record in the DCI

system indicating the denial of the permit. (2) Notify the applicant in writing of the reason for denial.

A sample “Denied Permit Letter” is included in the FORMS section of this booklet.

(3) An applicant may appeal by applying to a district court judge of the district in which the application was filed.

(4) If the denial is based on a federal firearms prohibition, the denial should be entered in NICS (National Instant Criminal Background Check System).

c. If the results of the applicant’s fingerprint cards criminal

records search are not received by the Sheriff’s Office prior to the 90 day application period being exhausted, the Sheriff can choose whether to issue the permit without knowing the fingerprint card results; or the Sheriff can temporarily deny the permit pending the fingerprint card results.

d. If the decision is made to temporarily deny the permit,

pending the fingerprint card results, NO ACTION is necessary in the DCI system. The Sheriff may wish to notify the applicant in writing that the permit will not be issued at this time because of the delayed fingerprint search and a decision will be immediately rendered upon receipt of the fingerprint search.

6. Permit Card Packets

a. Permit Cards (1) The Concealed Handgun Permit cards are the size of a

credit card.

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(2) They contain physical identification data regarding the permittee, as well as the permit number, type, and date of expiration.

(3) Upon receipt of the printed permit card, the Sheriff must sign it (or may use signature stamp) and contact the permittee for pickup. When the permittee arrives to collect the card, he must also sign the card in the presence of the Sheriff.

(4) It is also recommended to have the applicant read and sign a copy of “The Do’s and Don’ts of Carrying a Concealed Handgun” as compiled by the NC Attorney General’s Office (see the FORMS section of this booklet). This signed copy could be kept within the Sheriff’s Office, along with the completed, notarized application, as further proof that the applicant had been made aware of some of the permit issues.

(5) It is recommended that a county seal be placed on the card to help prevent possible forgeries.

(6) The Sheriff may also choose to laminate the card.

b. Quality Control Sheet (1) Included with each week’s packet mailed to the

Sheriff (2) Will advise of the permit cards enclosed by listing the:

(a) Name of permittee(s) (b) Permit number(s) (c) Telephone number(s) (if one was entered in the

CHP record)

B. Emergency Temporary Permit 1. In limited conditions, if just cause is presented, a Sheriff can issue

an Emergency Temporary Permit if they feel that an emergency situation exists that may constitute a safety risk to the person, or the person’s family, or the person’s property.

2. Emergency Temporary Permits are valid throughout NC for only

90 days.

3. An individual may only receive one Emergency Temporary Permit. 4. The applicant would still submit a:

a. Notarized Application Form b. Application fee NOTE: An applicant can request an Emergency Temporary

Permit and a Concealed Handgun Permit on same

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application form. Only one fee would be collected for this dual process. However, both processes would be documented in the DCI record.

c. 1 set of fingerprints (The Sheriff can charge the applicant a

fee, not to exceed $10.00, to cover the costs of processing the fingerprints.)

5. The applicant does not have to complete an approved firearms

safety course for an Emergency Temporary Permit. The applicant must complete the approved firearms safety course within the 90 day to be eligible for the issuance of the regular permit.

6. The Sheriff could issue the Emergency Temporary Permit granting

immediate approval to carry a concealed handgun, while continuing to conduct a thorough background investigation.

7. Upon the entry of the application and the update of the record in

the DCI system by the Sheriff’s Office (indicating the Emergency Temporary Permit is issued), DCI will respond immediately with an on-line Emergency Temporary Permit. a. This response must be printed, properly signed and carried

by the permittee, along with valid identification whenever they are in possession of a concealed handgun.

b. It is recommended that a county seal be placed on this Emergency Temporary Permit as well.

c. NO Emergency Temporary Permit will be mailed to the Sheriff’s Office. The DCI response IS the Emergency Temporary Permit.

8. If the Sheriff decides to deny the Emergency Temporary Permit,

this indication must also be made in the DCI record. 9. Print and maintain a copy in the concealed handgun file.

10. If the Sheriff decides to revoke the Emergency Temporary Permit

after it has been issued, due to the results of the applicant’s fingerprint cards criminal history search or other Article violations that may occur, he may do so.

11. If the denial or revocation is due to a federal firearms prohibition,

the denial should be entered into NICS according to procedures in the NICS outline.

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V. Renewal Permit Process

A. Renewing an ACTIVE Permit

NOTE: In order for an applicant to be allowed to follow this RENEWAL process, the person must submit their renewal application BEFORE or ON the existing permit expiration date. If the application is received AFTER the existing expiration date, the applicant must follow the process as a NEW applicant (see Section B).

1. Renewal Notification

a. It is not the obligation of the Sheriff’s Office to notify the permittee of their expiration date. The SBI will, however, provide to each Sheriff a list of individuals (names, permit numbers, addresses, dates of issuance/expiration) in their county whose permit will expire within the next 90-120 days. This printout is located in Omnixx Links, Concealed Handgun Permits, Renewals.

b. The Sheriff may, at his discretion, notify the permittee of his

pending expiration in whatever manner he chooses. A sample notification letter is included in the FORMS section of this workbook.

2. Applicant’s Submission

a. Notarized Application form signed by applicant (should be at least 30 days prior to expiration; recommend 60-90 days)

b. Non-refundable fee

(1) $75.00 for renewal application, unless applicant is a retired sworn law enforcement officer

(2) $40.00 for renewal application for a retired sworn law enforcement officer (see definition on page 13)

NOTE: As of July 1, 2006 applicants renewing valid permits

are not required to provide fingerprints as long as the previous prints were collected in the Live Scan device after June 30, 2001 as required by GS 14-415.16.

c. Original certificate of completion from an approved firearms

safety course if required by Sheriff; Sheriff may, at his discretion, waive the requirement for an applicant renewing an ACTIVE permit.

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d. Physical and Mental Health Release Form; the form on file

from the previous application must be renewed if more than one year old.

e. Signed Renewal Affidavit indicating the applicant remains

qualified under the criteria provided in the law. A sample affidavit is included in the FORMS section of this booklet.


a. Two inquiries required: (1) Query the existing record in the CHP File (QCG) and

compare to the renewal application. Determine if any data needs to be updated (WGT, HGT, Hair color, Other Physical Description, etc.).

(2) An inquiry (QCG) should be performed on the applicant’s CHP record (with a “Y” in the Fingerprint Card Tracking field); this detailed response will include a 10 digit alphanumeric identifier in the upper right portion of the response. This 10-digit identifier must be placed in the OCA field of the fingerprint cards (or OCA field of the Live Scan submission). Supplying this number will assure the appropriate linkage is made with this application.

b. Will submit fingerprints to the SBI for a criminal history

search. c. Must update the permittee’s concealed handgun permit

record in DCI (using the ECGN transaction) indicating an application for renewal has been received.

d. Must modify (MCG) if necessary to change existing record

(physical description, address, etc.).

e. Shall conduct any necessary background checks to determine if the applicant remains qualified for a concealed handgun permit.

4. Issuance of the Permit

a. If, after having conducted the necessary checks and/or receiving the response from the SBI/FBI regarding the fingerprint search, the Sheriff decides to ISSUE the renewal permit, he must update the permittee’s concealed handgun permit record in DCI (ECGN) indicating that the renewal

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permit has been issued. This will notify DCI to print a renewal card and it will be shipped to the issuing Sheriff for distribution.

b. If a renewal card has not been issued prior to the expiration

date of the current permit, the current card status will expire and will automatically be updated to an “EXPIRED” status in the DCI system.

c. The renewed permit will have an expiration date calculated

for 5 years from the expiration date of the previous permit.

5. Denial of the Permit a. If upon having conducted the necessary checks and/or

receiving the response from the SBI/FBI regarding the fingerprint search, the Sheriff decides to DENY the renewal permit, he must: (1) Update the permittee’s concealed handgun permit

record in DCI indicating that the permit was denied. (2) Notify the permittee in writing of the reason for

denial. A sample “Denied Permit Letter” is included in the FORMS section of this booklet.

b. An applicant may appeal the decision to a district court

judge of the district in which the application was filed. c. If the denial is based on a federal firearms prohibition, the

denial should be entered in NICS according to procedures in the NICS outline.

B. “Renewing” an EXPIRED Permit

NOTE: If the application is received AFTER the existing permit expiration date, the applicant must follow the process as a NEW applicant. One exception is deployed military to be discussed later.

1. Applicant’s Submission

a. Notarized Application form signed by applicant (1) Because the applicant is treated as a NEW applicant,

the applicant may apply for both a “regular” permit and an Emergency Temporary permit on the same application

(2) The applicant may apply for and be issued an Emergency Temporary permit even if was issued an

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Emergency Temporary permit on his previous application cycle.

b. Non-refundable $80.00 fee unless qualifying for a $45.00

fee.

c. One set of fingerprints administered by the Sheriff (Sheriff may charge the applicant a fee, not to exceed $10.00, to cover the cost of processing the fingerprints)

NOTE: If your agency has a Live Scan device, these prints may be submitted electronically. This may significantly shorten the processing time needed for a fingerprint criminal history record check.

d. Original certificate of completion from an approved firearms

safety course; cannot be waived since the permit is no longer valid.

e. Physical and Mental Health Release Form; the form on file

from the previous application must be renewed if more than one year old.


a. Query the existing record in the CHP File (QCG) and compare to the renewal application. Determine if any data needs to be updated (WGT, HGT, Hair color, Other Physical Description, etc.).

b. An inquiry (QCG) should be performed on the applicant’s

CHP record (with a “Y” in the Fingerprint Card Tracking field); this detailed response will include a 10 digit alphanumeric identifier in the upper right portion of the response. This 10-digit identifier must be placed in the OCA field of the fingerprint cards (or OCA field of the Live Scan submission). Supplying this number will assure the appropriate linkage is made with this application.

c. The Sheriff’s Office will submit fingerprints to the SBI for a

criminal history search.

d. The permittee’s concealed handgun permit record must be entered in DCI (using the ECG transaction) indicating a NEW application has been received. In the ECG transaction, the operator will indicate the permit number (PNO) of the expired permit so the correct CHP record can be updated.

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This transaction (ECG) may also be used to update the existing record (physical description, address, etc.) with current data.

e. The Sheriff’s Office shall conduct any necessary background

checks to determine if the applicant remains qualified for a concealed handgun permit.

3. Decision to Issue or Deny

a. If, after having conducted the necessary checks and/or receiving the response from the SBI/FBI regarding the fingerprint search, the Sheriff decides to ISSUE the permit, he must update the permittee’s concealed handgun permit record in DCI (ECGN) indicating that the permit has been issued. (1) This immediately updates the status of the card to

“ISSUED” with an expiration date calculated for 5 years from date of this application cycle.

(2) This will notify DCI to print a new permit card on the following Wednesday. The card is then mailed to the issuing Sheriff for distribution.

b. If upon having conducted the necessary checks and/or

receiving the response from the SBI/FBI regarding the fingerprint search, the Sheriff decides to DENY the new permit, he must: (1) Update the permittee’s concealed handgun permit

record in DCI indicating that the permit was denied. (2) Notify the permittee in writing of the reason for

denial. A sample “Denied Permit Letter” is included in the FORMS section of this booklet.

c. An applicant may appeal the decision to a district court

judge of the district in which the application was filed. d. If the denial is based on a federal firearms prohibition, the

denial should be entered in NICS according to procedures in the NICS outline.

C. Permit Extensions & Renewals for Deployed Military Permittees 1. A deployed military permittee whose permit will expire during

deployment may apply to the sheriff for an extension of the permit by providing the sheriff with a copy of the permittee’s proof of deployment. Upon receipt of the proof, the sheriff shall

24 of 76 Revised 11/24/2008


extend the permit for a period to end 90 days after the permittee’s deployment is scheduled to end.

2. A deployed military permittee whose permit is not extended and

expires during deployment shall remain valid during the deployment and for 90 days after the end of the deployment.

3. The permittee shall provide proof of the deployment to the sheriff

and the sheriff shall renew the permit upon receipt of the proof provided the permittee otherwise remains qualified to hold a concealed carry permit.

4. The permittee may carry a concealed handgun during the 90 days

following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.

VI. Changes to Permits

A. Address Changes 1. Permittees must notify the Sheriff who issued their permit of any

change in their permanent address within 30 days after the change of address. Permittees should complete a change of address form. A sample “Change of Address” form has been included in the FORMS section of this booklet.

2. The Sheriff shall modify the person’s concealed handgun permit

record in DCI.

3. An address change will not generate a new permit card being issued. However, DCI will immediately generate via an on-line terminal message an “Address Change Form” response. This response must be printed, properly signed, and carried by the permittee along with the permit card and valid ID whenever they are carrying a concealed handgun, until such time that a duplicate or renewal card is issued.

4. If the permittee’s change of address involves moving to a new

county, they MUST notify the county Sheriff that issued the permit before the current residence county Sheriff will be allowed to issue a duplicate or renewal permit, when time comes.

5. If the address change indicates the person moved to a new

county in NC, the Sheriff of the new county will be notified through an on-line terminal message of the change. The new

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Sheriff will then become “custodian” of the DCI record and authorized to take any future action necessary regarding the person’s concealed handgun permit.

6. If the address change indicates the person moved out of state,

the new out-of-state address should be indicated in the mailing address fields. A note should be placed in the REMARKS field to indicate the permit holder no longer resides in NC. According to the NC Attorney General’s Office: a. The permit remains active and valid until the expiration

period even if they move out of state. The permit holder can use the permit when in NC if they are not a resident as long as the permit is still valid; and

b. The permit holder MUST be a resident of NC to renew the permit.

7. DCI will maintain the current and one previous address in the

permittee’s concealed handgun permit history record.

B. Duplicate Permits 1. May be issued due to the loss or destruction of a current valid

permit. 2. Permittee must provide Sheriff with notarized statement advising

of the loss or destruction. The NC Attorney General’s Office has developed a recommended “Notice of Loss or Destruction” form. The sample form is located in the FORMS section of this booklet.

3. Must pay duplicate fee of $15.00 to the Sheriff.

4. The Sheriff would update the permittee’s DCI concealed handgun

permit record indicating the request for the duplicate card to be issued. The application form should also be updated indicating a duplicate request.

5. This update will cause DCI to immediately respond with a

temporary Duplicate Permit via an on-line response. a. This response must be printed, properly signed, and utilized

by the permittee as the duplicate permit until the official replacement card is printed and mailed from the SBI during weekly processing.

b. It is recommended that a county seal be placed on this temporary duplicate permit as well.

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6. Once the permanent duplicate card is received, the permittee should be contacted to pick up the duplicate card and turn in their temporary duplicate.

C. Suspensions

1. A judge may suspend a permit as part of and for the duration of any domestic violence orders permitted under Chapter 50B of the General Statutes.

2. When the Sheriff is notified of the domestic violence order

indicating that the concealed handgun permit is being suspended, the concealed handgun permit record in DCI must be updated to indicate the date of suspension.

3. It is the responsibility of the permittee to request proper

reinstatement of the permit once the suspension period is over.

4. A hearing by the Sheriff is not necessary for court ordered suspensions.

D. Revocations

1. The Sheriff of the county where the permit was issued or the Sheriff of the county where the permittee resides may revoke a permit for one of the below reasons, following a required hearing: a. Fraud or intentional or material misrepresentation in

obtaining the permit b. Misuse of the permit c. The doing of an act or existence of condition which would

have been grounds for denial of the permit d. The violation of any terms of this Article e. The applicant is adjudicated guilty of, or receives prayer for

judgment continued for, a crime that would have disqualified the applicant initially from receiving the permit.

2. Notification of Violations

a. Law enforcement agencies should notify the issuing Sheriff when charging a permittee with a criminal offense. This notification should be made by utilizing the Notification of Concealed Handgun Permittee Violation transaction.

b. The issuing Sheriff would notify the permittee by sending them a “Notice of Probable Cause and Hearing” form, located in the FORMS section of this booklet.

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3. Revocation Hearing

a. Due process must be considered and the minimum of notice and opportunity to be heard should be given to the permittee.

b. Someone other than the Sheriff should conduct the actual hearing and submit the findings to the Sheriff for final decision.

c. Permittee should be given the opportunity to speak, or submit a notarized statement presenting their opinion if unable to attend the hearing.

d. After the hearing the Sheriff should provide his findings to the permittee in writing by sending them a “Notice of Findings of Revocation Hearing” form, located in the FORMS section of this booklet. If this notice indicates that the permit card will be revoked, the Sheriff must: (1) Update the permittee’s concealed handgun permit

record in DCI indicating the date of revocation (2) Maintain all appropriate notices and papers in the

permittee’s folder (3) Request the return of the permit card

4. The permittee may appeal any decision to a district court judge of the district in which the application was filed.

VII. Sanctions and Appeals

A. Sanctions 1. A permittee who is found to be carrying a concealed handgun

without the permit in their possession or who fails to disclose to any law enforcement officer, upon approach, that the person holds a valid permit and is carrying a concealed handgun shall be guilty of an infraction for the first offense.

2. Penalty for the 1st offense is a fine of up to $100.00; or, the

person may surrender the permit. If the person chooses to surrender the permit for the remainder of its cycle, the Sheriff’s Office must update the permittee’s concealed handgun permit record in DCI to indicate the date of surrender.

3. Additional offenses for failing to carry a valid permit or failing to

disclose the necessary information to a law enforcement officer shall be punished as a Class 2 misdemeanor.

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4. A person who violates the provisions of this Article, other than listed above, is also guilty of a Class 2 misdemeanor.

5. A non-permittee that carries a concealed weapon in violation of

NC law (GS 14-269 & 14-415.21) is guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.

6. The law enforcement agency charging the permittee with a

violation of this Article should immediately notify the Sheriff who issued the permit by utilizing the Notification of Concealed Handgun Permittee Violation transaction.

B. Appeals

1. An applicant may appeal any decision of the Sheriff regarding their concealed handgun permit by petitioning a district court judge of the district in which the application was filed.

2. The determination by the court, on appeal, shall be final.

3. If the findings of the court uphold an appeal and the permit is

reinstated, the Sheriff must update the permittee’s concealed handgun permit record in DCI indicating the reinstatement and return the permit card to the permittee. A reinstated permit will be valid through its original expiration date.

4. If the findings of the court deny an appeal, the concealed

handgun permit record in DCI must be updated to indicate the appeal was denied.

VIII. Fees and Billing

A. Fees 1. All permit fees assessed under the concealed handgun permit law

are payable to the Sheriff. 2. The Sheriff shall forward the proceeds from these fees to the

county finance officer to be remitted or credited in accordance with the law.

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B. Billing

1. Upon billing from the NC Department of Justice, the county finance officer must remit the appropriate fees to the NC DOJ for the costs of the state and federal criminal records checks and for the implementation of the Article. The fees are:

- $45.00 for each new application - $40.00 for each renewal application

2. The remaining $35.00 shall be used by the Sheriff for his costs in

processing the permit or for other law enforcement purposes.

3. NC DOJ does not bill for duplicate permit cards. The $15.00 fee collected by the Sheriff shall be used for his costs in processing the permit as allowed by this statute.

IX. Dissemination of Concealed Handgun Permit File Information

A. Law Enforcement Dissemination 1. This information maintained in DCI is available for law

enforcement/criminal justice use only and cannot be released to the public.

2. A special registry will be provided by the SBI to each issuing

Sheriff for public use and release.

B. Public Registry 1. A document is provided on a monthly basis to each Sheriff’s Office

for printing. 2. The document is located in Omnixx Force, Links, Concealed

Handgun Permits, select the appropriate alpha character, then select your county name.

3. The document will indicate all permittees’ names, permit types,

and dates of issuance for individuals that the county Sheriff has issued permits to that are still current and still reside within the county.

4. A citizen reviewing the Public Registry may copy the information it

contains. The Sheriff's Office is only allowed to charge a minimal fee for the actual cost of the paper, if requested to make copies.

5. If a public request is made for permittee information from another

county, the citizen must contact the particular Sheriff of that county.

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6. An individual may also contact the SBI to obtain a public registry

for a specific county, multiple counties, or statewide. X. Concealed Handgun Reciprocity

A. Scope 1. Effective August 14, 2003, other states recognizing NC’s

concealed handgun permittee’s will automatically be granted reciprocity for carrying concealed handguns in NC.

2. The list of participating states is published by the NC Attorney

General’s Office.

B. Participating States 1. The list of reciprocal states, along with contact information for

verifying out of state permits, can be found in the Links menu section of Omnixx.

2. Identical information is also maintained on the NC Department of

Justice Website (www.ncdoj.gov). XI. Transactions into the Concealed Handgun Permit file

A. Enter (ECG) - This transaction is used to establish the initial concealed handgun permit application record in the DCI file; it is also used to enter the application of an individual whose permit has expired prior to application date. 1. Only begin entering the information after the completed and

notarized application form (including all the required documents and fees) has been received by the Sheriff. The Sheriff has 90 days from the date of acceptance to either issue or deny the permit request. (One exception allows an Emergency Temporary Permit to be issued immediately.)

2. An applicant can apply for an Emergency Temporary Permit and a

New Permit at the same time. If so, both permit types would be appropriately indicated on the ECG transaction.

3. Entries should be made as soon as the above information is

accepted. DO NOT wait until a decision is made whether to issue or deny. The 90 days processing time begins with the date of the application, not the date it was entered into DCI.

31 of 76 Revised 11/24/2008

http://www.ncdoj.gov/


4. Completeness and Accuracy

a. Pack the record with all identifiers on the application form. b. Review of entry is recommended and encouraged prior to

transmission.

5. If entering an application on an individual whose previous permit has EXPIRED: a. AGENCY ORI, NAME, PERMIT NO (expired permit number),

APPLICATION DATE, and APPLICATION TYPE are required. b. Other fields may be used to update existing data (physical

descriptors, address, etc.).

6. PNO - “pending permit number” is a unique number DCI will assign to all accepted enter transactions (ECG). This number will be included in the DCI acknowledgment message following the ECG transaction.

NOTE: If the ECG transaction included a PNO from an existing record (applicant allowed his permit to expire before applying again), another PNO will NOT be issued. The existing PNO will be used.

. 7. Agency must maintain all documentation in their files supporting

this record. 8. Upon decision being made to issue or deny a requested permit,

the Sheriff’s Office must update the application record in DCI by using a Enter/Add Status transaction (ECGN)

B. Enter/Add Status (ECGN) - This transaction is used to update the

permittee’s record on file. 1. Only the Sheriff who is “custodian” of the record can perform this

transaction.

2. This update can be in reference to: a. All Permit Type and Status changes

(1) If the Permit Type and Status Date fields used indicate that a NEW permit is being issued, the SBI will print the actual permit card and mail to the issuing Sheriff for distribution.

(2) If the Permit Type and Status Date fields indicated that an Emergency Temporary Permit is being issued, DCI will respond immediately with an on-line Emergency Temporary Permit.

32 of 76 Revised 11/24/2008


(3) If Permit Type is Renew, you must indicate if safety course has been waived.

(4) Until Enter/Add Status transaction is used, all initial applications (ECG) will remain in “pending” status.

(5) If the Permit Type and Status Date fields indicate that Duplicate Permit is being issued, DCI will immediately respond with an on-line temporary Duplicate Permit.

b. Appeal decisions following a judge’s ruling overturning a

Sheriff’s decision c. Other Physical Descriptions - up to nine additional

descriptors may be entered

3. Any information updated through this transaction will be added to the most current status record. “Other Physical Description” data becomes part of the base application record on file.

C. Modify (MCG) - This transaction is used to change certain information,

add certain information not originally entered through the Enter Concealed Handgun Permit (ECG) transaction, or to delete non-mandatory information. 1. Only the Sheriff who is the “custodian” of the record can perform

this transaction. 2. A modify transaction will replace the current data (or blank) field

with the new data indicated.

3. If the following fields are modified, the “base record’ will reflect the changes; however, the replaced data will be appended to the history record and can be obtained when a query of the permittee’s concealed handgun permit history is requested. a. Name b. Street Address and associated City, State, ZIP c. County of Residence

4. If modifying the Street Address and/or associated City, State, ZIP - DCI will respond with an immediate on-line “Address Change Form”.

5. If modifying the County Of Residence - DCI will generate an

automatic notice to the new county Sheriff indicating he is now the “custodian” and his agency is responsible for future changes to this record.

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D. Cancel Status (XCGN) - This transaction must be used to cancel

information that was entered through an Enter/Add Status (ECGN) or an Other Physical Description code entered through an initial application entry (ECG). 1. Only the Sheriff who is the “custodian” of the record can perform

this transaction. 2. The transaction will only cancel the most current status record.

Once another update is made to the record indicating a more current date, all previous Enter/Add Status records cannot be canceled.

3. If your cancellation is being made due to incorrect data being

originally entered, be sure to re-enter the correct data using the Enter/Add Status (ECGN) transaction.

E. Query (QCG) - This transaction is used to directly retrieve and view

the status of concealed handgun permit records in the DCI file, or to allow the Sheriff’s Office to verify the tracking of a particular concealed handgun applicant’s fingerprint cards. (Some cross searches are in place that will provide concealed handgun permit status information via other file inquiries.) 1. Any responses received are for law enforcement/criminal justice

use only. No public dissemination is allowed of these record responses.

2. This transaction can be used to obtain an individual listing or a

county listing.

3. Individual Listing a. Inquiries by Permit Number will result in single hit if a

permit has been issued bearing that number. These responses will default to the applicant’s concealed handgun permit history, which is only allowed when inquiring by the assigned permit number. These history responses will show the most current status of the concealed handgun permit record and all updates to the permit type and status date that have been entered.

b. Inquiries by Permit Number and use of the Fingerprint Tracking field will respond only with the tracking information pertinent to that Permit Number. The tracking information, if recorded, would indicate such data as when the applicant’s fingerprint cards were received and processed by the SBI, the date the fingerprint cards were sent to the FBI,

34 of 76 Revised 11/24/2008


any rejections which may have occurred, the date the on-line fingerprint results response was sent to the Sheriff’s Office, the date any future arrest card notice was sent to the Sheriff’s Office, and the date of the billing. Response also includes the CHP OCA Tracking Number, which must be included on renewing applicant’s fingerprint submission.

c. Inquiries by DL/ID number or by various Name, DOB, and County combinations could result in multiple hits if more than one person having the same name and/or numeric identifiers was issued a concealed handgun permit.

4. County Listing

a. Inquiries can also be made to review a countywide list of permit status information.

b. Inquiries by county, with an indicated start and end date,

can advise the Sheriff of all permits meeting the type and status selected. (One exception: if status selected is “Pending”, the response will provide all pending permits for that county no matter what dates were used.)

F. Notification of Concealed Handgun Permittee Violation (NCGV) -

This transaction is used by a law enforcement agency when they charge an individual, who has a concealed handgun permit, with a possible violation of the Concealed Handgun Permit Article or other law violation that may affect the individual’s right to retain their concealed handgun permit. 1. Charging agency should fill out the transaction completely and

transmit to the Sheriff’s Office that is the “contact agency” for that concealed handgun record, as soon as possible, following the arrest/citation.

2. Copies of the investigative reports, citations, etc. should be made

available to the Sheriff’s Office (“Custodian Sheriff”) if requested.

3. The Sheriff of the “Custodian Sheriff” for that concealed handgun permit should review the violation and proceedings to determine if a revocation of the concealed handgun permit is warranted.

NOTE: Copies of all transactions should be maintained in the

related file for future reference.

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G. Query Nlets Concealed Weapons Permit (CWQ) - This transaction is used to directly retrieve and view the status of concealed handgun permit records from other states. 1. This transaction can be used to obtain a permit record from

certain participating states. 2. Current states would include those that have signed a reciprocity

agreement. A list of reciprocal states can be found in Links, Concealed Handgun Permits, Concealed Permit Reciprocity.

3. May inquire by:

a. Name & DOB b. Permit Number c. Social Security Number

4. Any responses received are for law enforcement/criminal justice

use only. No public dissemination is allowed of these record responses.

XII. Cross Searches

An automatic cross search of the Concealed Handgun Permit File will be generated whenever one of the following transactions are performed:

A. Entries into the Concealed Handgun File

B. Entries into the Protection Orders File

C. Queries of the NC DMV drivers file (resulting in a single hit)

D. Queries of the SBI/FBI criminal history files

E. Queries of the National Instant Criminal Background Check System

(NICS)

F. Queries of the Wanted Person File XIII. Selection of the Default Notification ORI

A. The SBI has defaulted all notifications (fingerprint card responses, violation notifications, etc.) to the main ORI for each respective Sheriff’s Office, unless the respective Sheriff’s Office has made changes.

B. If a Sheriff wishes for these notifications to be directed to another ORI

instead of the main ORI, the ACG transaction can be used to change the default ORI.

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C. This transaction (ACG) can also be used to determine the current

default ORI set by the SBI if unknown.

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Module 4

Weapons Permits

Forms & Examples of On-line

Notices Section

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Disqualifying Offense Chart

Federal Prohibitors

Purchase Permit

Concealed Handgun

Permit 1. Under Indictment/Information for a Crime Punishable by Imprisonment for a Term

Exceeding One Year Prohibitor Prohibitor

2. Convicted of a Crime Punishable by Imprisonment for a Term Exceeding 1 year. Note: A person would not be ineligible under this criteria if the person has been pardoned for the crime or conviction, the crime or conviction has been expunged or set aside, or the person has had their civil rights restored, and under the law where the conviction occurred, the person is not prohibited from receiving or possessing any firearm.

Prohibitor Prohibitor

3. Fugitive from Justice Prohibitor Prohibitor 4. Unlawful Users of/or Addicted to Any Controlled Substance (including alcohol) Prohibitor Prohibitor 5. Adjudicated as Mental Defectives or Been Involuntary Committed to a Mental

Institution Prohibitor Prohibitor

6. Are Aliens and Are Illegally or Unlawfully in the United States Prohibitor Prohibitor 7. Dishonorable Discharge (DC) or Dismissal from armed forces Prohibitor Prohibitor 8. Renounced Their Citizenship Prohibitor Prohibitor 9. Subject to a Court Order Restraining Them from Committing Domestic Violence,

or Person Convicted in Any Court of a Misdemeanor Crime of Domestic Violence Prohibitor Prohibitor

State Prohibitors

Purchase Permit

Concealed Handgun

Permit 1. Applicant is ineligible to own, possess, or receive firearm under State or Federal

Law Prohibitor Prohibitor

2. Adjudicated as Mental Defectives or Been Involuntary Committed to a Mental Institution


3. Adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant.

N/A Prohibitor

4. Sheriff satisfied as to Good Moral Character of applicant Prohibitor N/A

5. Sheriff satisfied that applicant desires weapon for 1) protection of the home, business, person, family or property, 2) target shooting, 3) collecting, or 4) hunting.

Prohibitor N/A

6. Dishonorable Discharge (DC) or Dismissal from armed forces Prohibitor Prohibitor 7. Discharged with an Under Other than Honorable Conditions Discharge (UOTHC),

Bad Conduct Discharge (BCD) from armed forces N/A Prohibitor

8. Convicted of a Felony If the applicant has been pardoned, depending on the type of pardon, they may or may not be disqualified. You may contact the Law Enforcement Liaison Section of the N.C. Department of Justice at (919) 716-6725 for further guidance.


9. Convicted of an Impaired Driving Offense Under N.C.G.S.20-138.1, 20-138.2 or 20-138.3 Within 3 Years Prior to the Date Application was Submitted

N/A Prohibitor

10. Has Been Adjudicated Guilty or Received Prayer for Judgment Continued or Suspended Sentence for a “Crime of Violence Constituting a Misdemeanor”

N/A Prohibitor

11. Has Been Adjudicated Guilty or Received Prayer for Judgment Continued or Suspended Sentence for a Violation of an Offense Under Article 8 of Chapter 14 of the General Statutes (This Encompasses Most Assault Offenses). - Assaults on Handicapped Persons (14-32.1) - Misdemeanor Assaults, Batteries and Affrays (14-33) - Assaulting by Pointing Gun (14-34)

N/A Prohibitor

39 of 76 Revised 11/24/2008


State Prohibitors

Purchase

Permit

Concealed Handgun

Permit 12. Has Been Adjudicated Guilty or Received Prayer for Judgment Continued or

Suspended Sentence for a Violation of any of the following statutes: - Harassment of and communication with jurors (14-225.2) - Violating order of court (14-226.1) - Furnishing poison, controlled substances, deadly weapons, cartridges,

ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities (14-258.1)

- Carrying weapons on campus or other education property (14-269.2) - Carrying weapons into assemblies and establishments where alcoholic

beverages are sold and consumed (14-269.3) - Carrying weapons on state property and courthouses (14-269.4) - Possession and sale of spring-loaded projectile knives (14-269.6) - Impersonation of a fireman, emergency medical services or personnel, law

enforcement, or other public officers (14-276.1 and 14-277) - Communicating threats (14-277.1) - Carrying weapons at parades and other public gatherings (14-277.2) - Stalking (14-277.3) - Throwing or dropping of objects at sporting events (14-281.1) - Exploding dynamite cartridges and bombs (14-283) - Riot and inciting to riot (14-288.2) - Fighting or conduct creating a threat of imminent fighting or other violence

[14-288.4(a)(1)] - Making or using any utterance, gesture, display or abusive language which

is intended and plainly likely to provoke violence retaliation and thereby create a breach of peace [14-288.4(a)(2)]

- Looting and trespassing during emergency (14-288.6) - Assault on emergency personnel (14-288.9) - Violations of city State of Emergency Ordinances (14-288.12) - Violations of county State of Emergency Ordinances (14-288.13) - Violations of State of Emergency Ordinances (14-288.14) - Child abuse (14-318.2) - Violations of the standards for carrying a concealed weapon (14-415.21(b)) - Misrepresentation on certification of qualified retired law enforcement officers

(14-415.26)

N/A Prohibitor

13. Has had an entry of prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit

N/A Prohibitor

14. Is free on bond or personal recognizance pending trail, appeal or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit

N/A Prohibitor

Updated: February 12, 2008

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41 of 76 Revised 11/24/2008


42 of 76 Revised 11/24/2008


THE DO'S AND DON'TS OF CARRYING A CONCEALED HANDGUN 1. Your permit to carry a concealed handgun must be carried along with valid

identification whenever the handgun is being carried concealed. 2. When approached or addressed by any officer, you must disclose the fact that you

have a valid concealed handgun permit and inform the officer that you are in possession of a concealed handgun. You should not attempt to draw or display either your weapon or your permit to the officer unless and until he directs you to do so. Your hands are to be kept in plain view and you are not to make any sudden movements.

3. At the request of any law enforcement officer, you must display both the permit and

valid identification. 4. You may not, with or without a permit, carry a concealed weapon while consuming

alcohol or while alcohol or any controlled substances are in your blood unless the controlled substance was obtained legally and taken in therapeutically appropriate amounts.

5. You must notify the sheriff who issued the permit of any address change within thirty

(30) days of the change of address. 6. If a permit is lost or destroyed, you must notify the sheriff who issued the permit

and you may receive a duplicate permit by submitting a notarized statement to that effect along with the required fee. Do not carry a handgun without it.

7. Even with a permit, you may not carry a concealed handgun in the following areas: a) Any law enforcement or correctional facility b) Any space occupied by state or federal employees c) A financial institution

d) Any premises where the carrying of a concealed handgun is prohibited by the posting of a statement by the controller of the premises

e) Educational property f) Areas of assemblies, parades, funerals, or demonstrations g) Places where alcoholic beverages are sold and consumed h) State occupied property i) Any state or federal courthouse j) In any area prohibited by federal law

k) Any local government building if the local government had adopted an ordinance and posted signs prohibiting the carrying of concealed weapons

8. If you are in a vehicle and stopped by a law enforcement officer, you should put both

hands on the steering wheel, announce you are in possession of a concealed handgun and state where you have it concealed, and that you are in possession of a permit. Do not remove your hands from the wheel until instructed to do so by the officer.

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STATE OF NORTH CAROLINA _____________________ County

RELEASE OF PHYSICAL AND MENTAL HEALTH, SUBSTANCE ABUSE AND CONFIDENTIAL COURT RECORDS FOR

CONCEALED HANDGUN PERMIT

Date of Birth

Social Security No.

Name And Address Of Applicant

State Drivers License No. (State Identification No. If No Drivers

License)

State

I hereby authorize and require any and all doctors, hospitals or other providers who have ever provided physical or mental health or substance abuse treatment or care to me, including without limitation the providers, named below, to release to the sheriff of the above named county any and all records concerning my physical capacity, mental health, mental capacity or substance abuse that the sheriff may reasonably request in connection with my application for a concealed handgun permit. The purpose of the release is to enable the sheriff to determine my qualification and competence to handle a handgun. I understand that alcohol and substance abuse information is protected by federal regulations and that other confidential records such as psychiatric information may be protected by North Carolina statute. Accordingly, I specifically authorize the release of any and all alcohol, substance abuse and psychiatric information that may be documented in my records. I understand that further disclosure or redisclosure by the sheriff of any information disclosed to the sheriff pursuant to this Release is prohibited without my further written consent unless otherwise provided for by state or federal law. In understand that I may revoke this authorization at any time except to the extent that action has already been taken in reliance on this Release. Even without my express revocation, this Release will expire upon the satisfaction of the request or one year from the date below, whichever occurs first.

Name Of Provider Address Of Provider I also request and authorize any and all clerks of superior court of North Carolina to inform the sheriff of this County whether or not the clerk’s records contain the record of any involuntary commitment proceeding under Article 5 of Chapter 122C of the General Statutes in which I have been named as a respondent and, if so, to reveal to the sheriff any confidential information in the court files or records of each such proceeding that the sheriff may reasonably require in order to determine whether or not to issue a concealed handgun permit to me. This Release may be treated as a motion in the cause within the meaning of G.S. 122C-54(d) and a clerk may reveal information to the sheriff pursuant to any specific or standing order entered in response to or anticipation of this motion. Any expenses relating to the search, production, copying and certification of a medical or court record pursuant to this Release shall be my responsibility. I authorize the sheriff to photocopy this Release after I sign it, and I authorize any provider to whom a photocopy of this Release is presented to rely on the photocopy as being as effective as the original.

SWORN AND SUBSCRIBED TO BEFORE ME Date

Date

Signature Of Person Authorized To Administer

Oaths

Signature of Applicant

Title

Date Commission Expires

AOC-SP-914M New 12/95

SEAL

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Front Side of Permit Card

XXX-XX-XXX

Back Side of Permit Card

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CONCEALED HANDGUN PERMIT CHANGE OF ADDRESS FORM Permittee’s Name: ____________________________________________________ Last First Middle Permit Number: _______________________________ Today’s Date: _______________________________ Effective Date: _______________________________ Address as Currently Displayed on Permit: _____________________________________________________________ Apt. # Street # Street Name _____________________________________________________________ County City State ZIP New or Changed Information: _____________________________________________________________ Apt. # Street # Street Name _____________________________________________________________ County City State ZIP Permittee Name Changed to: ________________________________________________ Last First Middle Reason Name Changed*: � Separation/Divorce � Legal Name Change � Other_______________________________ _______________________________ * Attach any supporting documentation (i.e. court documents) to this form and retain in your files. Sheriff’s Office Use: Form received by ____________________ Date Received___________ Once necessary verification has been done, a MODIFY (MCG) should be done to show the changes indicated above.

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NOTICE OF DENIAL OF APPLICATION FOR ISSUE/RENEWAL OF A CONCEALED HANDGUN PERMIT

DATE: ______________________ Applicant’s Name: _________________________ Address: __________________________________ __________________________________ Dear ____________________________:

This letter is to advise you that your application for issue/renewal of a concealed handgun permit has been denied.

It is found that your actions of _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ constitutes a violation of the provisions set forth in the North Carolina General Statutes for the provisions set forth in the North Carolina General Statutes for the possession of a concealed handgun permit. Therefore, your application for a permit to carry a concealed handgun is denied. You may appeal this denial by petitioning a district court judge of the district in which you reside. ________________________________ (Signature) Sheriff of ___________________ County

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NOTARIZED STATEMENT OF LOSS OR DESTRUCTION OF PERMIT I, _____________________________, Permit # ________________, do hereby state that the permit to carry a concealed handgun issued to me by ________________________ Sheriff’s Office has been lost or destroyed. I am requesting that, upon my payment of the required fee, a duplicate permit be issued to me. ______________________________ ____________________________ Date Signature of Permittee STATE OF NORTH CAROLINA COUNTY OF __________________ Sworn and subscribed before me, this the ______ day of _____________, ______. ________________________________ Notary Public My commission expires __________________.

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SAMPLE RENEWAL NOTIFICATION LETTER To: ____________________ ____________________ ____________________ RE: Notice of Concealed Handgun Permit Renewal Dear _______________: A review of my records indicates that your concealed handgun permit issued on ________________ (date) is scheduled to expire on ________________ (date). North Carolina law provides that if the holder of a concealed handgun permit wishes to renew the permit, the holder must apply for renewal at least thirty (30) days prior to its expiration date. Because some of the processing procedures of the application are beyond our control (such as criminal history checks through the Federal Bureau of Investigation), we are requesting your cooperation in getting your application turned in as soon as possible so that the renewal of your application is not unnecessarily delayed. In order to facilitate the processing of your renewal application, we encourage you to complete and submit the required information listed below between sixty (60) and ninety (90) days prior to the expiration of your concealed handgun permit. The required forms identified below can be obtained from our office: 1. The concealed handgun renewal form; and

2. A notarized affidavit stating that you remain qualified under the criteria of the concealed handgun law; and

3. A new fingerprint card; and 4. A renewal fee of $75.00 ($40 for qualified former law enforcement

officers); and 5. A current mental health release form. The requirement to take another firearms safety class prior to renewal of permit is solely within the discretion of the Sheriff. However, failure to renew your permit by the expiration date will result in your permit expiring. Any future permits will be treated as a new application, which will require applicant to take the firearms safety class again. This renewal reminder is being provided as a courtesy from your Sheriff’s Office. Please do not hesitate to contact this office if we can answer any questions you may have. (Sheriff) __________________________

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EXEMPTION FROM FIREARMS COURSE

____________________________ County Sheriff’s Office IN THE MATTER OF CONCEALED HANDGUNS: Permit # ______________________ I hereby certify that I am exempt from the firearms safety and training course required to obtain a concealed handgun permit. Specifically, I certify that I am exempt under the category marked below.

� I am applying for an Emergency Temporary Permit.

� I am retired from service as a law enforcement officer with a local, state, or company police agency in North Carolina, other than for reasons of mental disability, and have been retired as a sworn law enforcement officer two years or less from the date of the permit application, and have a nonforfeitable right to benefits under the retirement plan to the local, state, or company police agency as a law enforcement officer or have 20 or more years aggregate years of law enforcement service and have retired from a company police agency that does not have a retirement plan. My effective date of retirement was ____________.

� I am a current law enforcement officer employed by a local, state, or company police agency in North Carolina who:

a. Is authorized by the agency to carry a handgun in the course of duty; b. Is not the subject of a disciplinary action by the agency that prevents

the carrying of a handgun; and c. Meet the requirements established by the agency regarding handguns.

� I am an armed security guard with a current Firearms Registration Permit issued by Private Protective Services.

__________________________________________ ________________ Applicant’s Name & Signature Date __________________________________________ ________________ Agency Representative’s Name & Signature Date NOTE: N.C. correctional officers, federal law enforcement officers, military, or

out-of-state law enforcement officers are NOT exempt from firearms training.

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