Truth Squad Ends "No Guns" Sign; Sheriff Denies CCW = Appeals Court: Gun Talk Radio | 10.20.19 B

Published on October 21, 2019
Duration: 44:01

This episode discusses legal challenges to sheriffs improperly denying concealed handgun permits in North Carolina. It highlights how some sheriffs abuse discretion, deny permits for statutorily impermissible reasons, and fail to provide applicants with reasons for denial, violating due process. The segment emphasizes the importance of state gun rights organizations like Grassroots North Carolina in fighting these abuses and ensuring 'shall issue' laws are followed.

Quick Summary

In North Carolina, a sheriff's denial of a concealed handgun permit was overturned by an appeals court for violating the applicant's due process rights. The sheriff failed to provide legally required reasons for the denial, highlighting how 'shall issue' laws can be circumvented by arbitrary discretion. State gun rights groups like GRNC are vital in combating such abuses.

Chapters

  1. 23:17Introduction to Concealed Carry Laws
  2. 23:52North Carolina Sheriff's Permit Denial Case
  3. 24:06Sheriff Gary McFadden's Actions
  4. 24:31Appeals Court Reverses Lower Court
  5. 25:10Systemic Issues with Permit Denials
  6. 25:33History of 'Shall Issue' Law in NC
  7. 26:11Lessons from the Case
  8. 26:46Sheriff Contacting VA About Veteran
  9. 27:21PTSD and Permit Denials
  10. 27:56Refusal to Provide Denial Reasons
  11. 28:10Statutory Language on Infirmities
  12. 29:26Long-Term Political Strategy
  13. 30:03Anti-Gun Efforts in North Carolina
  14. 30:38Purple State Politics
  15. 31:04Grassroots North Carolina Resources

Frequently Asked Questions

What is the 'shall issue' concept in concealed carry laws?

The 'shall issue' concept in concealed carry laws means that if an applicant meets all the statutory requirements for a permit, the issuing authority (usually a sheriff or police chief) must grant the permit. This system aims to eliminate arbitrary discretion and ensure permits are issued based on objective criteria, not personal bias.

How can sheriffs abuse discretion when denying concealed handgun permits?

Sheriffs can abuse discretion by denying permits for reasons not permitted by law, such as requiring extra documentation, conducting unnecessary background checks, or using vague criteria like 'mental infirmity' without proper qualification. They may also fail to provide applicants with the specific reasons for denial, hindering the appeals process.

What role do state gun rights organizations play in permit issues?

State gun rights organizations, like Grassroots North Carolina (GRNC), play a crucial role by advocating for Second Amendment rights, fighting against improper permit denials, and working to ensure 'shall issue' laws are enforced. They often engage in political action, lobbying, and legal challenges to protect gun owners' rights.

Can PTSD be a reason to deny a concealed carry permit?

While a PTSD diagnosis alone is not a disqualifying factor under federal law, some sheriffs have used it as part of their justification to deny concealed carry permits. This practice is controversial and can be challenged, especially if the applicant does not meet specific criteria that would legally disqualify them.

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