Gun Permit Denials and Revocations

If you have a gun permit denials and revocations case, whether it was a purchase permit or a concealed carry permit, Seagroves Legal can assist you with what steps to take next.  Depending on your reason for denial, Attorney Seagroves can assist you in appealing the denial of your gun permit or provide you with options to potentially remove the prohibiting factor.  Contact us today and ask us how we can help you restore your firearm rights.

If you have applied for a gun purchase permit and were denied, it is important to save your denial letter.  This letter, or most commonly an email, will provide you with a reason as to why your permit has been denied.  Seagroves Legal can review your denial and help you develop a plan to address the reason for denial.

When the reason for denial is a situation that has already been addressed or remediated, an appeal is often the best choice.  However, it is the denied gun purchase permit that often first brings attention to the applicant that there is something on their record that is prohibiting their ability to purchase a firearm.  In these types of cases, it is often best to address what the prohibiting act/reason is for the denial.

In NC, a permit shall be denied to any applicant for any reason the federal government would deny it  and for any of the following reasons:

1. The applicant  is under indictment for or has been convicted of a felony;
2. The applicant is a fugitive from justice;
3. The applicant is an unlawful user of or addicted to marijuana or a controlled substance (including narcotics);
4. The applicant has been adjudicated incompetent or committed to a mental institution;
5. The applicant is an illegal alien;
6. The applicant has been dishonorably discharged from the US military;
7. The applicant has renounced their citizenship;
8. The applicant is currently under some type of domestic violence protective order.

Note that you cannot be convicted of a crime that is considered to be an act of domestic violence, even if it was a misdemeanor; it will still be a full prohibitor under federal law.  However, a general purchase permit does have some exceptions to this rule, for instance, if the applicant had received  Prayer for Judgment Continued (PJC) on such crime.

The guidelines for a concealed carry handgun permit are more strict than a general gun purchase permit.  A concealed carry handgun permit may also be denied for the same reasons as stated above but in addition, can also be denied if they have ever been convicted of a DWI in the prior 3 years, have been adjudicated guilty of a crime of violence, or have been convicted of sex offense type statutes.

Federal prohibitions for firearms still apply to both types of permits and therefore, convictions of domestic violence remain a full prohibitor of a concealed carry permit.  With concealed carry permits, a PJC will not matter and it will still be fa full bar against the issuance of a concealed carry permit.

Certain crimes of violence, such as simple assaults, are no longer a prohibiting offense after a certain period of time, so long as they were not domestic violence.  This is why it is important to consult an experienced gun rights attorney at Seagroves Legal to learn more about your rights and options if you have been denied your concealed carry permit.

If your general gun purchase permit has been denied, you have the right to appeal this to Superior Court in the county where you reside.  These appeals often get calendared for a hearing and you can present evidence as to why your denial should be reversed.  It is important to consult knowledgeable counsel in this area so that you can present your best evidence in support of your appeal.  Seagroves Legal knows what evidence is necessary to prevail at these hearings.

You can also appeal your denied concealed carry handgun permit but these are appealed to the District Court in the county where you reside.  Most often, the local rules in jurisdictions across the state do not provide for a hearing, but rather are limited only to the documents presented on appeal by the denied applicant and records received from the Sheriff’s Office.  Attorney Candace Seagroves has successfully appealed such denials for her clients and is very knowledgeable in this area.  This particular process can sometimes be daunting for those not familiar with the laws or legal writing.  Seagroves Legal can help you present the right facts and provide the right pieces of evidence to show the reviewing judge why your denial should be reversed.

If after you have received a carry concealed gun permit you suffer a prohibiting condition or are charged with a crime that would have otherwise prohibited you from getting a gun permit in the first place, then the Sheriff can revoke your permit.  There are two types of concealed carry gun permit revocations:  Mandatory Revocations and Discretionary Revocations.

Discretionary Revocations of your concealed carry permit allow a Sheriff to revoke permits for the following:

1. Fraud or misrepresentation in obtaining the permit;
2. Misuse of a permit (lending it, duplicating it, altering it, etc.)
3. The doing of an act that would have been grounds to deny your permit from the beginning;
4. Violating any terms of the concealed carry laws.

Mandatory Revocations of your concealed carry permit require a Sheriff to revoke a permit when a person is convicted or receives a prayer for judgment of a crime which would have prohibited them from initially getting the permit.

Appeals of concealed carry handgun permits are to a district court judge, same as with denied permits. However, the standards of review may vary depending on whether it was a discretionary or mandatory revocation.  Consult Seagroves Legal today to determine the specific options related to your particular denial.