Qualifications on Concealed Carry

[Jake Benson]

I just bought a S&W 649 and 686. The 649 is for my wife. I am in NC and you have to go to the sheriff's office, get a background check, pay five bucks per permit, and then present permit to the gun shop.

While getting my background check the first time no questions were asked. They just gave me the paperwork to fill out and then checked me. When I went back the second week because I came up with the money for the second gun, I had to go through the process again. This time it was brought up that I had a misdemeanor assault & battery conviction going back to 1974 when I was a kid and got into a scuffle. That was 37 years ago. It was also pointed out there was a marijuana conviction for a small of bit of marijuana back in 1998 which is a long story I won't go into.

Both these were misdemeanors and I got my permits to purchase the gun(s). Now, I am interested in getting a concealed carry permit. While these two convictions did not prohibit me from buying the guns, will they prohibit me from concealed carry?

I see that part of the questions asked for a CCW is, "Have you ever used an illegal drug? Well, that was a long time ago, and there were circumstances too long to discuss here. I am almost 60 now and that kind of stuff is the farthest thing from my mind. But how will these things effect my chances of getting a permit?

 

[NavyLCDR]

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/byarticle/chapter_14/article_54b.html

§ 14‑415.12. Criteria to qualify for the issuance of a permit.

(b) The sheriff shall deny a permit to an applicant who:

(8) Is or has been adjudicated guilty of 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 a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3A, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, 14‑288.12, 14‑288.13, 14‑288.14, 14‑318.2, 14‑415.21(b), 14‑415.26(d), or former G.S. 14‑277.3.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-33.html

§ 14‑33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.

(a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor.

The assault and battery is going to be the problem, not the maryjane.

 

[MedWheeler]

NavyLCDR tells you:

The assault and battery is going to be the problem, not the maryjane.

Especially since you technically weren't really a "kid" back in 1974.

 

[230therapy]

Wow...talk about silly. Then again, the list of prohibited places in North Carolina demonstrates the legislature's fear of the average citizen.

 

[Snowbandit]

You might consider contacting an attorney about getting that old record sealed before applying for your license. It won't be cheap but, as long as you've kept your nose clean since then (that's where the MJ conviction might come in), it might be doable. Only going to cost you a few bucks to find out that way. Make sure you find an attorney who knows firearms issues. The guy that draws up the family will or shows up for a DUI case is decidedly not the guy you want here.