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Gun Permit Denials

Gun Permit Denials and Weapons Offenses

If you or someone you know has applied for a gun permit in North Carolina and has been denied, you do not have to accept this as the final result. According to North Carolina Statute, if you meet the requirements to obtain a permit, then you are entitled to one and the Sheriff’s office must grant your application. In some cases, the Sheriff may improperly deny a request or make a mistake about the requirements. At Arnold & Smith, PLLC, our attorneys will advise you of your rights on this matter and help you appeal this decision before the court. By filing an appeal for gun permit denial with the court that shows why you are entitled to a permit and arguing the facts in front of a judge, our attorneys can get your previous decision reversed. In North Carolina, you may only appeal this decision once. As a result, it is important that you consult with an experienced attorney who will do the job correctly the first time.

If an individual wishes to purchase a firearm or carry a concealed weapon, a gun permit is required. In order to obtain a permit, an applicant must go through a criminal and mental health screening. These screenings are normally done through an administrative process at the county’s Sheriff’s Office. These permits may be denied in cases where the individual has a felony conviction, a history of domestic violence, or is mentally unfit.

If you believe you are entitled to a gun permit, do not accept a denial. Contact Arnold & Smith, PLLC today and let our experienced attorneys protect your rights.

Weapons Offenses

A weapons charge may take several different forms. Additionally, the situation surrounding each arrest and charge will always be different. In the state of North Carolina, prosecutors and judges take these crimes very seriously. As a result, if you are facing weapons offense charges you should contact a qualified defense attorney to fight these charges on your behalf.

Examples of common weapons offense charges:

  • Carrying a concealed weapon without a permit
  • Possessing a weapon on school grounds
  • Assault with a deadly weapon
  • Possession of a weapon during a drug offense
  • Possession of a firearm by a felon
  • Unlawful possession of a firearm

At Arnold & Smith, PLLC, we represent individuals facing both state and federal weapons charges. North Carolina and federal law both prohibit convicted felons from possessing a firearm unless their rights have been restored by a North Carolina District Court. According to North Carolina statute, “a person who was convicted of a nonviolent felony in North Carolina but whose civil rights have been restored…for a period of at least 20 years may petition the district court…to restore the person’s firearm rights.” N.C. Gen. Stat. § 14-415.4. As a felon, it is important to note that you may still be charged with possession of a firearm even if you are not carrying the gun. Simply having a gun in your house or vehicle may be enough to convict you of this crime. And even if you are not a felon, in North Carolina you can still face misdemeanor weapons charges if you carry a concealed weapon without a concealed handgun permit. The penalties associated with a conviction of a weapons violation in North Carolina can range from majors fines to probation or even active jail time. Individuals who are charged with possessing a gun in connection with a drug crime or violent crime can face even harsher punishments.

While these examples are some of the more serious offenses, many individuals facing a weapons offense charge are victims of circumstance. In some cases, individuals may have forgotten about a weapon in their vehicle or jacket. In any event, our experienced attorneys can help build your specific case in order to give you the most advantageous defense possible.

At Arnold & Smith, PLLC, our attorneys are prepared to aggressively defend our clients. We represent clients charged with the most serious of weapons violations to those involving brass knuckles or pocket knives. In all cases, our attorneys will advocate on our client’s behalf and assure that their rights are protected. If you are facing one of these serious charges, contact us today.

Charlotte Criminal Lawyer Blog - Guns/Firearms