The Only Reasons You Can Be Denied a Gun Permit in North Carolina
North Carolina is considered a “permissive” state in the context of gun laws, and this means that it should be easy for the average citizen to obtain and use a firearm. Although gun laws have changed considerably throughout the country, North Carolina is sticking to its guns and offering the same levels of freedom to its citizens without notable restrictions.
There are only a few things that can stop you from owning a firearm in Mooresville. If you have been denied, the Iredell County Sheriff’s Office must inform you why you were not issued a gun permit. If you feel that you were denied on grounds that were unconstitutional or unjustified, you can appeal the decision in a court of law. When you team up with a qualified attorney with years of experience with gun permit laws, you can seek a favorable outcome. Do not just accept the fact that the Sheriff’s Office has robbed you of your right to bear arms.
With all that said, it is important to understand the various reasons why you might be denied a pistol permit in Iredell County.1. Age
One of the most basic requirements for a pistol permit in Iredell County is age. You must be at least 21 years of age to obtain a permit. However, you may also obtain a restricted permit if you are between the ages of 18 and 20. If you are between 18 and 20 and your permit was denied, the Sheriff’s Office should have issued you a restricted license instead.2. Residence
The Iredell County Sheriff’s Office requires you to live in the county for no less than one month prior to obtaining your license. Federal law also restricts permits if you are an illegal alien or you have renounced your citizenship. If you have been denied on the basis of your residency, an attorney can help you prepare documents that prove you actually live in the county.3. Criminal Record
The Iredell County Sheriff’s Office will also take your criminal record into account. According to North Carolina state law, you will be denied a permit if you have been indicted for a felony. The only exception is if you have been indicted for felonies related to anti-trust violations, unfair trade practices, or restraints of trade. An attorney can help you deal with this obstacle in several ways, such as obtaining a pardon.4. Mental History
When you apply for a pistol permit, you must authorize the Iredell County Clerk of Superior Court to inform the Sheriff’s Office whether you have any records of involuntary commitment to a mental institution. Note that the Sheriff’s Office does not have the authority to actually view your medical records, as they only have access to court orders. If you have been denied on the basis of your mental history, an attorney can help you prove to the court that you are mentally stable after recovering from past ailments.5. Drug Issues
Even if you have a clean criminal record, you may be denied a permit because of alleged substance abuse or unlawful use of drugs. These include marijuana and a number of other narcotics. If your criminal record does not include anything related to drug use and you have still been denied for this reason, your attorney can show the court that the Sheriff’s evidence is not reliable.6. Military History
Dishonorable discharges from the military may also serve as the basis for permit denial. An attorney can help you show the court that the circumstances regarding your discharge were misunderstood or baseless.7. Court Orders
You may also be denied the right to a gun permit if you have been issued a restraining order against a family member or a child. Usually, these restraining orders must involve some kind of imminent threat posed by you to intimate partners or children. Again, you can work with an attorney to overcome this obstacle.8. Lack of Good Moral Character
Perhaps the most open-ended requirement for gun permits in North Carolina, the exact meaning of “good moral character” is difficult to define. At the end of the day, the Iredell County Sheriff’s Office can use their own discretion to determine this. That being said, this quality is usually based on things like trustworthiness, responsibility, and service to the state and nation. In addition, the Sheriff’s Office will look at your criminal history within the past five years to determine your moral character.9. Wrong Reasons for Using Firearms
In North Carolina, you must state your reasons for using firearms when you apply for a permit. There are only four acceptable reasons to own and use a firearm in the Tar Heel State:
- The defense of your property or family
- Target practice
If you tell the Sheriff’s Office that you plan to use your firearm for any other reason, you could be denied. In addition, you may be denied if the Sheriff’s Office has reason to believe that you will use firearms for other reasons.Getting Legal Help
If you have been denied a pistol permit in Mooresville and you believe that you are not in violation of any of the regulations listed above, it is time to take legal action. Reach out to Arnold & Smith, PLLC, today, and we will help you appeal your permit denial so that you can exercise your rights.