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Is this legal? 114 plus days just for an appointment?

6K views 30 replies 18 participants last post by  ladder13  
#1 ·
First,

Thank you to all GRNC is doing. I just joined and donated to the cause.

Now...is it legal for Sheriff Baker to delay appointments for CCW permit applications more than 114 days?!!!

So this means from start of application to finish, it could take more than 160 days...it could take you almost 6 months to get a CCW permit in Wake County...who knows how long after the election depending on which way that goes.
 
#6 ·
I’m a retired correctional officer from Raleigh now living in Jacksonville NC. I had my concealed carry for a long time,took me about 30 days from class to appointment to permit in hand. This democratic liberal world is horrible. Be vigilant gunny,get your guns and keep buying all the ammo you can.
 
#7 ·
Honestly most laws are illegal to begin with as they are based on Admiralty law and capitus diminutia maxima which is the law of the sea and corporate entities so legal is a relative term.Remember when the Dems pounded Obamacare as being the law of the LAND?That was their code speak for it's twice as illegal because it goes against admiralty law and against the Constitution because it's connected to the irs and federal reserve which are all illegal as hell by constitutional law.So yes it's illegal and plain friggin wrong.
 
#12 ·
It’s crazy times. I took my class and turned in my paperwork. I’m in Franklin County. They aren’t doing appointments. It’s walk in. I had my permit 1 day shy of 4 weeks after turning in paperwork. My wife took the clas a few weeks later and we turned her paperwork in a week ago. Still walk in. We’ll see how long it takes. A friend of mine took the class with me and he turned his paperwork in 2 days after I did (he’s in Johnston County and needed an appt). He just got his notice that his permit was ready yesterday.... so it took about 6 weeks for him. His wife took the class with my wife, and when he Called to get an appt for her, the first available was Oct 2nd.... so they are definitely getting backlogged as well. Wake County is ridiculous right now on wait times. Probably won’t get better anytime soon.
 
#14 · (Edited)
I'm in Brunswick County and the Sheriff is supposed to be pro-gun. I moved here at the end of Feb before all this stuff hit. I got my paperwork in the beginning of April after the 30 days required to be a resident. Was told no fingerprints until further notice. She said to submit paperwork to get that completed by then and they will schedule fingerprint appointment. That took until July 7. Still nothing. Everything is blamed on Covid. Don't see how when all people have to do is place calls or look up records where you lived or with the FBI or what ever they do. So I wait. Can't do a thing about it. It's their game and their rules.

9/18 update: Finally broke down and called Sheriff's office. Lady could not have been nicer. She apologized and said she was now doing June applications and I should hear in about two weeks.
 
#15 ·
I moved to the South Carolina side for a reason... Is any form of gun control actually legal? We've been needing a Supreme Court overhaul for a long time to hear out 2A cases that basically enable local governments to restrict people's rights.. Until then, you are basically at the mercy of your state's government to save you from itself.

Obviously, Covid will be used as the excuse to sooner or later disarm people if the wrong politicians get into power. Biden already said the solution to police shootings is to ban law abiding citizens from owning semi auto magazine fed rifles and "high cap magazines". There is no rationale to their thoughts and most of it is to fulfill an agenda.

Only thing I can say about North Carolina is they recognize out of state permits even for residents, so just go and find a state who that is willing to give you a permit/license and you can carry in North Carolina.

Arizona is being Californicated, but they still are issuing permits to anybody and I don't believe they require a permit from your state. Unfortunately, Utah now requires this. Florida I believe also issues out of state permits without a resident permit, but require you to go to local SHeriff for ink fingerprinting if you cannot go in person to get fingerprinted at Florida's facilities.
 
#18 ·
Ok, I promised you a report...

So, my wife expires January 9, 2021. A couple of weeks ago, I encouraged her to start the online renewal process. FAIL. For that, the SO requires an in-office visit by appointment only and the online system would not allow her to book an appointment prior to her expiration. All appointments are full.

Several days, she tried to call. No one answered and you cannot leave a message.

So, this week, she went to the SO. Stood in line, outside in the cold and was finally allowed in the building.

She was NOT screened for Covid-19.

While she was in line, she was engaged by a person who asked her why she was there. She told them why, the person took her CCHP card and left.

That person came back and told her she needed to come back for an appointment on January 6.

She's mad because she had to pay $12 to park and then stand in line for 30 mins to get an appointment for 45+ days later. If they had an appointment available on January 6, why could she not book it online? She was told that if she successfully renewed, her permit would not arrive until 60 - 90 days after she expired.

She was not asked for the renewal fee in accordance with...

§ 14-415.16. Renewal of permit.

Therefore, after her expiration on January 9 and until the SO issues her renewal permit, she will be expired.

This sheriff is a communist. Doing whatever he can to discourage legal gun ownership and legal concealed carry of handguns. He needs to be voted out in two years.
 
#20 ·
SkyDivin.. My advice to you is to have her forget the NC permit and just go get a permit from Arizona or a state that allows you to have a non-resident CHL without a resident CHL.. I got my Arizona CWP fairly quick. Lightning quick actually, and that was an out of state permit. Since NC recognizes all states permits she can conceal carry.. THen, if she needs to buy a pistol it can be purchased in a private sale, since NC allows private sales, I believe even for non CHL holders, right?

It really sucks how the large counties in North Carolina like Wake and Mecklenburg have become communist and breaks my heart. Probably the only reason the commie Cooper could have been re-elected, that is if the election wasn't rigged to start with. Still scratching my head there.

Where is the NRA? Where are the lawsuits? Something needs to be done here and now we have a pro-2A Supreme Court (in theory).

For the time being, it seems like there are some workarounds to the problem.

I am still waiting 2 months for my SC permit; thankfully, I can buy a pistol and even conceal carry my gun in my glove box loaded without a permit. Still, for a pro-2A state I am a little disgruntled with how long they are "disallowing" my "Right to Carry" my firearm.. Especially , since I have 3 other concealed handgun licenses (well 4 if you consider my TN permit which is valid if I move back to TN).

Here is where you apply, all she needs is a course certificate from an NRA certified instructor. If I remember you told me correctly, you are one :D You will also have to do the fingerprinting. My AZ/UT conceal carry course instructor did all that for me.. Might have to find somewhere or somebody (cop friend, police station, IdentiGo, maybe?) who can do the fingerprinting for you.

https://www.azdps.gov/services/public/cwp
 
#22 ·
I'm still at a loss as to why a CCW has to go through a County Sheriff and not a State organization. First the 2nd is National and should be universal...but it's not...each State makes its own rules...then within each State each County jurisdiction (at least in NC) has further jurisdiction...then towns and cities...what a mess.

Surrounding Counties don't have the same BS.
 
#24 ·
I moved to the South Carolina side for a reason... Is any form of gun control actually legal? We've been needing a Supreme Court overhaul for a long time to hear out 2A cases that basically enable local governments to restrict people's rights.. Until then, you are basically at the mercy of your state's government to save you from itself.

Obviously, Covid will be used as the excuse to sooner or later disarm people if the wrong politicians get into power. Biden already said the solution to police shootings is to ban law abiding citizens from owning semi auto magazine fed rifles and "high cap magazines". There is no rationale to their thoughts and most of it is to fulfill an agenda.

Only thing I can say about North Carolina is they recognize out of state permits even for residents, so just go and find a state who that is willing to give you a permit/license and you can carry in North Carolina.

Arizona is being Californicated, but they still are issuing permits to anybody and I don't believe they require a permit from your state. Unfortunately, Utah now requires this. Florida I believe also issues out of state permits without a resident permit, but require you to go to local SHeriff for ink fingerprinting if you cannot go in person to get fingerprinted at Florida's facilities.
I have a Florida CCW.....Once you move to NC the Florida license is no longer valid in NC.....must get a NC one. Straight from the sheriff's mouth.
 
#25 · (Edited)
I cannot believe that is true.. Florida issues permits to out of state residents and a FL permit , as far as I know , is valid even as a non-resident, as long as you update your address.

Which Sheriff were you talking to? I called the Attorney General's office themselves, in addition to taking an 8 hour NC CHL/CWP course and my instructor had the same thing to say that North Carolina recognized all state permits, including non-resident permits. Unless, the law just changed recently, but I kind of doubt that with a Republican dominated legislature.

BTW, I called one Sheriff office in a Northern FLorida county where I was staying the night about the CWP laws in the state when I was travelling there and he told me my Colorado permit would not be recognized in the Tampa Bay area, but in his county it was ok as he falsely told me that every county can enforce its own gun laws in Florida.. Considering I looked up from FL website that they recognize Colorado permits, I decided to call up the Sheriff in Pinellas county. After calling around and even getting a call back from a senior deputy who had good knowledge on the gun laws he told the other Sheriff department was wrong and that Florida has state pre-emption and whatever permits Florida recognize the county has to recognize as well.

My point is, call around, as there are many LE agencies don't have their facts correct. Attorney General office in NC is the best source and the ones who actually dictate these policies.
 
#26 ·
Iredell County sheriff's office. He said everything changes as soon as you become a resident...once you become a resident your Florida CCW is not valid in NC.
It's still good in Florida as long as you update your address....
I will stop by their office this week.
Notice in the law I posted below.....you become a different thing when you become a resident! You are no longer an out of state person once you register in NC as a resident. I'd suggest you do research in NC.

C. Concealed Handgun Permit Certain residents of this State may be eligible to obtain a permit which would allow them to carry a concealed handgun under certain conditions. N.C. Gen. Stat. § 14-415.11. No other weapons may be carried concealed pursuant to such permit.

North Carolina also allows out-of-state concealed handgun permittees to carry concealed handguns, pursuant to such permits, in this State. N.C. Gen. Stat. § 14-415.24(a). While carrying a handgun pursuant to such permit, qualified out-of-state permittees are held to the same standards as North Carolina permittees. Consequently, there are a number of areas where concealed handguns cannot be carried in this State, regardless of the individual having a permit to carry a concealed weapon.
 
#27 · (Edited)
Very Strange.. I know that is the law in South Carolina , Tennessee (well not anymore, they have Constitutional Carry) and some other states, but was told it was not the case in North Carolina. I specifically talked to the Attorney General/DOJ and Cabarrus County Sheriff about this. I might say call Cabarrus county Sheriff and ask to talk to the Deputy who is an NRA conceal carry instructor. He is very knowledgeable about these laws and teaches the CHL courses.

The laws you quoted are still vague with how they apply to a resident who has a non-resident CWP permit. From what I see there it states that you are allowed to conceal a handgun permit and that no other weapon but handguns are allowed with such a permit. That would make a NC permit, a CHL vs CWP. The other law you state 14-415.24 just states that NC recognizes out of state conceal carry holders as they would be NC residents with the laws where they are allowed to carry.

None of the laws mentioned specifically state if you are required to have a NC carry permit to carry in the state as a resident. I read word-for-word in the TN and SC state law where it specifically does state that. From what I gathered, if you have an out-of-state permit it is recognized, but you are basically treated as an out-of-state resident carrying in the state. You cannot buy a handgun in the store with that permit. Since NC does not have pure 2A rights for handgun purchases.

Again, I think this specific Sheriff department could be wrong unless the law recently changed. I'd call Cabarrus County Sheriff and then make a call to the NC Department of Justice office when they open and hear it right out of the horse's mouth. I never trust any one Sheriff department to give me the correct laws, especially with confusing laws as North Carolina has.

That being said, you definitely should get the permit of the state you are in, even a Constitutional Carry state, in my opinion. It just has many legal benefits, especially when travelling and for handling those uneducated LEOs who may not know the laws themselves when they stop you.

Yeah, your FL is definitely a valid permit , it just becomes a non-resident permit.. I have about 3 of those now :D. My TN CHL is deactivated , unfortunately, since they don't recognize non-resident permits.
 
#28 ·
I, too, would like to know if you can carry concealed in NC with a non resident license even though you are a resident. I believe when I took the class I was told once you become a resident you need a NC license to carry concealed.
Don’t believe I was shown proof of that.

I’d like to see the statue, not hearsay.
 
#30 · (Edited)
There is no statute that states NC residents MUST have a NC Concealed Carry vs an out of state Non Resident CCW with a NC address. It is similar to the open carry issue in NC. There is no law that bans open carry therefore it is permitted. This was a point of contention with some and even a local news channel did a few stories on residents in NC using out of state permits. No action or law was ever enacted to stop this practice.

North Carolina also allows out-of-state concealed handgun permittees to carry concealed handguns, pursuant to such permits, in this State. N.C. Gen. Stat. § 14-415.24(a). While carrying a handgun pursuant to such permit, qualified out-of-state permittees are held to the same standards as North Carolina permittees. Note it is says "North Carolina also allows out-of-state concealed handgun permittees to carry concealed handguns, pursuant to such permits, in this State". Not "out-of-state residents with a concealed handgun permit or residents of other states wishing to carry in NC". So a NC resident with say a VA Non-resident permit is an out-of-state concealed handgun permittee.

https://www.wsoctv.com/news/special...ws/special-reports/north-carolinians-using-legal-loophole-avoid-state/31896602/

https://www.wral.com/online-applications-bypass-nc-concealed-carry-permit-process/14598637/