Posted: 6/1/2004 11:11:10 AM EDT
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My pistol permit application was just denied. I was charged with a DWi 2 years and 8 months ago and this was sited as the reason. I have recieved pistol permits since then with no problem ....3 as a matter of fact. The County Sheriff has not changed. Did I slip through the cracks before, or are there new laws on the books. I live in NC, but I assume this is federal. They told me to return in 4 months and couldn't/wouldn't answer any of my questions. I guess this law is supposed to keep me from doing something stupid with a new gun that is being purchased from an FFL...a gun that can be traced back to me.... Can anyone shed any light on this... Thanks in advance, -JP |
| Find out if it's state related, as far as I know a DWI is not a reason under federal law to deny 2nd Amendment rights. If it is not a state law sue the fuckers for violating your consititutional rights. A DWI should not at all exclude a person from buying a gun. |
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You might find some help and info here...
www.nraila.org/GunLaws/StateLaws.aspx?ST=NC |
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Purchase permits are a relic from years gone by when the whites didn't want uppity blacks to be able to purchase guns. The local sherriff could deny them as he saw fit. Missourri still has them, too. If you want to get it changed, you are going to have to get some state black groups to holler "racism". |
It could if it was a subsequent offense, i.e. most places if you have more than one DUI/OWI within a certain time frame, the second is considered Felony. Or if there was property damage or personal injury it could be felony. |
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It could be your sheriff. Mine for a while was only giving them out for 1 year, while NC law says they are good for 5. Few folks called up the county commissioners and that got changed. Another sheriff was taking 40-45 days to grant them, when the max they can take is 30. Called his secretaries and went thru the chain of command reading the statute to them untill they got it done in 30 or less. We didn't have purchase permits untill a few years ago (well, maybe like 15?) so this isn't a holdover from waayyyy back. |
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I got a DUI conviction in 1997. I have gotten pistol permits in 2002 (2 ea) and 2003 (1 ea), and concealed carry in 2003 without any problems. The permits were filled out and given to me on the spot each time. I'm in Wayne county (Goldsboro). Permits are good for 5 years here. It must be your sheriff. Are you in Wake county? I heard the sheriff there sucks. |
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Simply charged with DUI?... or charged and convicted? Under NC law, what is the max possible sentence you could have received for a first offense DUI? (doesn't matter what the actual sentence imposed was/is). Under federal law, a person convicted of any misdemeanor where the max sentence that could have been imposed exceeds more than 2 years, is disqualified from purchasing or owning firearms. Is NC a Brady Law state? Do all or only certain sales (handgun or long gun), go through the Federal NICs check or only a State check? If you got an okay before, it's probably because the records weren't kept up to date and it took this long for your DUI to be entered into the system. |
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Quoted: I just found out that in my home state of Virginia, that if you were arrested for drunk in public, you are denied a CCW permit for three years. I have a lot of friends that are going to be unhappy when they go to renew theirs. Interesting friends I guess... |
Well, you live in a college town and attend a lot of Hokie football games you are probably going to get sh!t faced everynow and then. I have four friends who have been picked up for drunk in public over the last 3 years and yes they are an interesting bunch of guys. 
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Things I have seen mess up stuff with gun purchases and permits: -- Divorce recently -- Bankruptcy (WTF???) -- DUI (3 years) -- Angry girlfriends making false charges (that don't even go to court) - (1 year+) (on CCW here) -- Excessive speeding/traffic tickets/accidents (WTF??? "Inherently Dangerous"??) Even though the 4473 isn't "Gun Registration", we had FBI visit looking for who bought a handgun. This, I do not quite understand, but it does happen! A few weeks ago they came looking for a gun that was sold (used) from our gunshop 3 years ago, wanting copy of the 4473. Now, how do they trace it that far back if it isn't "registration" (furthermore, how do they get serial on used gun sold??) I can see a New gun, the company could say which FFL it went to, but a used one??? (Yes, I know the serial number isn't entered, only long gun or handgun purchased, which makes me wonder how they came back for that) In SD, you do not need to provide any info of your inventory for permit. Nor have any classes (although I would highly recommend that they should recommend them, not force them) |
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Sadly, I can verify the Michigan rule. One DUI 3 year wait. Two and it is 8 years. MANY other misdemenors put you in the same boat. Edited to add; I can buy as many as I want, just can't have the CCW... I'm not banned from CCW but would likely have to do some explaining when I apply. |
Funny never heard of it until I moved to IL where you had to be a registered gun owner to buy anything. In most of the SE they just put big signs up "No Blacks Allowed" in front of the gun stores.  Those were weird times even as a small child. Tj BTW, in TN for a CCW, I just looked at the form, it asks if convicted within five years or two times ina a ten year period for DUI. |
If it was a Federal/NICS denial they would not have told you to come back in 4 months. I would think the Sheriff is required to tell you the reason for the denial and the procedure to challenge it. It sounds like they want you to wait the three years from the DUI conviction and then they will issue you the permit. |
| Where in NC are you? I've never heard of anything like that. Sounds like your sheriff has a bug up his ass all of a sudden. Up for reelection, maybe? As I understand it, they have to give sound legal reason in written form if they deny you. I'd call the DA or some other lawyer and get an explanation. |
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What county are you in? This is for Wake County. Must not be: convicted of any felony, or similar offense in any jurisdiction or currently under indictment for any felonious offense, or a fugitive from justice, or an unlawful user of, addicted to, marijuana, any depressant, stimulant or narcotic drug, or an adjudged incompetent on the grounds of mental illness, nor have been committed to any mental institution. (Statutory Authority: G.S. 14-404) convicted of a Domestic Violence Offense Nothing about DWI |
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This site might be of help. www.packing.org/state/index.jsp/north+carolina |
| While it's certainly worth questionning, it shouldn't surprise anyone. 'Permits' are just conditionning to get you used to the 'hoops'. Once TPTB got their nose under the BoR's tent in '68 [whitebreads were scared silly over the Panthers in Oakland-guns on the courthouse steps!!] and did their 'disenfranchisement' number, it was only a matter of time. Incrementalism is alive and well in fascist amerika. What free man PAYS for a Right anyhow? Ghost |