CCW Application Response Question

N

nc_shooter

Inactive
Hello all, did my CCW class last month and this morning applied at my local sheriff's office (Cabarrus County) in NC for the permit. It was written on notes on the desk and verbally stated twice that the sheriffs office has up to 90 days to process the application. However, the NC law states that the sheriff must respond within 45 days.. here's the excerpt

"The sheriff has forty-five (45) days from the time all application materials, to include receipt of mental health records, are received to either issue or deny a permit. N.C. Gen. Stat. § 14-415.15(a)."

It also states the sheriff office must send out the request for mental background checks in no more than 10 days after application is received. I can see how that can add to 55 days, plus how many ever days it takes to get the records back. My question is, do you think they were dishonest in saying they have up to 90 days to approve/deny the application or hoping people don't actually check the laws before they apply. The link to the NC law is below from the NC department of justice, see the last paragraph on page 15.

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
 
I have read the rational on another forum but I dont recall the exact reason. Its some loophole that they have 45 days to make that decision but you wont hear for 90+. I just applied in early Dec and was told 45-100 days.
 
I think that the application approval window of "90 days" is being honest.
While the law says "45 days from receipt of all materials," that clock doesn't
start until all materials (including mental health records) are in his hands.


I do have to ask why a standard instant NICS check wouldn't reveal a mental health block.
Are they getting something/from somewhere else in these records ?
 
"The sheriff has forty-five (45) days from the time all application materials, to include receipt of mental health records, are received to either issue or deny a permit. N.C. Gen. Stat. § 14-415.15(a)."

There's not much you can do. If you complain, he's going to deny your permit in the allotted 45 days. It's the same BS here in NJ. Local PD is supposed to issue permits (to purchase) in 30 days and it's always taken longer.

From mehavey:
"I do have to ask why a standard instant NICS check wouldn't reveal a mental health block.
Are they getting something/from somewhere else in these records ?"

I think because of current privacy laws, mental health records aren't automatically sent to NICS. You have to fill out a form specifically authorizing them to release any mental health info to the authorities. (That's the SOP in NJ, anyway, and I'm surmising the same in NC.)
 
Be thankful you live in a 'Shall Issue' state with a statutory term on the application process. Some states will take a year to deny you for no reason at all.
 
Trust me, I am glad I live in a shall issue state.. Just thought it was odd they they emphatically say they have 90 days to approve when the law clearly states 45. I understand the time allotted to receive all records, but at this point, the only thing they are missing is the mental health records (which I'm not worried about). As for NICS, yeah, pretty sure that is a privacy concern although I have read that states reporting mental health records to the federal level is voluntary and many states just don't do it. I did have to sign a waver today allowing them to pull my mental health records and they also do a NICS check.
 
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