Posted: 9/22/2006 5:26:10 PM EDT
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Today I was denied a pistol permit because I have a PoJ on my record. The Sheriff's Office told me I could not get one for 5 years due to my PoJ. The charge is a misdemenor, and is not for any violence or serious misdemenors.. According to North Carolina's Firearm laws, I have no reason why I should be denied, except that I do not meet the "moral" standards the Sheriff requires. My wife went by later today, and they told her that I could set-up a meeting to talk to the Sheriff so he could reverse his decision, but he rarely will he do this. I can also appeal to the Clerk of Court, but I don't know the process in this also. Granted, I do have a blemish on my record. However, I have absolutely no problem with NICS checks when I buy rifles and shotguns. I have no laws preventing me to buy a pistol, but apparently I'm not moral enough to own one according to Moore County. I've even asked around some other gun owners, and they have all said I should not be denied for this charge on my record. Are there any other options for me, or am I royally screwed? |
North Carolina is a shall issue state. However, just to buy a pistol, you must get a permit from the Sheriff. Its basically a NICS check, but they do it instead. So basically if I was in another state that did not have a state-ran background check, I could buy a pistol because I can pass a NICS check. Basically I'm getting screwed from even buying a pistol. Plus, I'm getting screwed because my Prayer of Judgement charge is not a charge that would disqualify me from a CCW permit. |
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I wondered that myself so I goggled it and found that its a means by which the court defers judgement. From what I gather it can be used to defer and see how the the defendant behaves for some period of time. If he plays nice then the court might be apt to look favorably on his infraction. It seems usually (but not always) connnected w/ a moving violation. Theres considerably more to it than that and Im certainly not a lawyer nor do I think/act like one but I believe thats the root of it. So, it would be interesting to get more infos about the POJ from the original poster. Perhaps age is a factor as well? |
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Okay back for more input: My Prayer of Judgement was for a single count of misdemenor larceny. I was with someone that had stolen property. However, since I cooperated with the Police, had nothing to do with the stolen property directly, and had nothing on my record, the officer recommended a PoJ for me to the DA. My lawyer told me that I would never have to go back to court, and I was not convicted of anything. The only thing is that I had to stay out of trouble, which is not a problem for me. I paid my Court and Criminal costs, and was on my way. It has not affected me with getting a new job, and it has never affected my NICS check. I double checked the CCW Laws in North Carolina, and even to be issued a CCW Permit should not be a problem with my charge. I thought about just applying for a CCW Permit since we are a Shall Issue state, and my charge is not something that would disqualify me from a CCW Permit. A pistol permit however is at the Sheriff's discresion(sp?). I don't know exactly what to do in this situation. |
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Just to be clear. You applied for a Purchase Permit and were denied? If so, talk to the Sheriff personally and explain the situation and see if he will issue a permit. If he still refuses, apply for a CCW since he must issue if you pass all the background checks. |
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AssualtPossum: I was not involved with the person who had the stolen goods. However, I had to get a Public Lawyer because at the time I was in college. I simply didn't have the money to get a good lawyer. It did bite me in the ass, and if I could go back in time I would have got one. Also, just to clairify: You have to get a permit from the Sheriff in North Carolina just to buy a pistol. No NFA items, just to get a freaking 1911A1 you have to go play "Mother May I". Bruce333 Yes, I was denied my purchase permit. I'm going to shoot him an email to try to schedule an appointment this week. If he wants to play hardball I will apply for CCW. My only concern is that if he would deny CCW, then I can appeal that too. However, if I am denied by the District Court Judge, no matter if I am in the right, it is final. If push comes to shove, I'll just get a damned Florida Non Resident CCW Permit. |
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I was not involved with the person who had the stolen goods. However, I had to get a Public Lawyer because at the time I was in college. I simply didn't have the money to get a good lawyer. It did bite me in the ass, and if I could go back in time I would have got one. Well, guess that representation was well worth the $$ you paid for it. I think, as usual, the only one who made out on that deal was the lawyer. Really too bad for you!!! Also, just to clairify: You have to get a permit from the Sheriff in North Carolina just to buy a pistol. No NFA items, just to get a freaking 1911A1 you have to go play "Mother May I". Thats strikes me as a regressive attitude. Does NC distrust the populace that much or do the people need a mommy govt to keep them in line? Guess it doesnt matter though b/c the people must like it that way. I think the last poster is correct...you need a lawyer to get your record completely cleared. Ive wondered though how clear that really is. It seems theres always a record of your arrest and court proceedings laying around somewhere that someone in govt could access if they wanted to. Id just as soon not find out though. Sorry you had to. |
At his age thats not gonna be a very viable option. Expungments tend to only be allowed on teenagers...occasionally on adults with serious charges. With the cost of expungments being near the price of a new Kia car, you need to weigh that option. DL3 |
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I believe the NC pistol permit law is a "jim crow" law. It was created when the federal government decided all men could own guns regardless of color. NC disgreed and created this law as a way to give the local Sheriff final authority in NC as to who could and could not own a pistol. I'd like to believe its not used in that capacity today, but since for the most part it is mainly a nuisance and doesn't usually stop law abiding people from obtaining guns legally it is still on the books. As for ways to deal with this. There are a few. One is to go the CCW route (much more expensive but it has its perks)... The other is that I believe the law has been recently changed to allow a Sheriff in another county to grant you a pistol permit if the stated purpose of the pistol is for collecting. If there is a relatively pro-gun county in your area it may not be a bad idea to check into getting a permit there. But make sure you state that your purpose is for collecting. BTW what county are you in? T |
while expungement is indeed expensive, it can be done for first time offenders if i remember correctly of any age. this means most often that adolescents use it to clear their record when they mess up, but its not time specific. A good friend of mine was busted for a misdemeanor charge and had it expunged a few years later. If he's got the money it may well be worth it. |