CCP *REVOKED* due to criminal *CHARGE*, not *CONVICTION*
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CCP *REVOKED* due to criminal *CHARGE*, not *CONVICTION*

This is a discussion on CCP *REVOKED* due to criminal *CHARGE*, not *CONVICTION* within the Concealed Carry Discussion forums, part of the Main Category category; I just received a letter from my Sheriff's Office stating that my CCP was REVOKED due to a *pending charge* ...

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    k9ontheway is offline Improvise-Adapt-Overcome
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    Default CCP *REVOKED* due to criminal *CHARGE*, not *CONVICTION*

    I just received a letter from my Sheriff's Office stating that my CCP was REVOKED due to a *pending charge* of "Felony Larceny by Employee", 1 count.

    I've yet to have my court date and have NO priors (not even a moving violation) and furthermore, I'm innocent of the crime.

    They state in the letter that I'll need to appeal in District Court to overturn the ruling made during their "hearing" (which I was not notified of, by my attorney or law enforcement).

    I have NOT been found guilty, I have NOT been convicted and I'm INNOCENT, either way.

    Can someone please advise me as to what in the hell is happening here?

    Last time I checked (10 minutes ago), NC General Statutes stated that you have to be CONVICTED to lose your permit. I haven't even had my first court date! Guilty until proven innocent?

    This makes no sense.
    "Quick to the gun, Sure of your grip. Quick to the threat, Sure of your shot." - Chris Costa

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    You may want to call the Armed Citizens' Legal Defense Network.

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    k9ontheway is offline Improvise-Adapt-Overcome
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    Default CCP *REVOKED* due to criminal *CHARGE*, not *CONVICTION*

    Now I wish I was a member. :/ I'll look into it, regardless.

    I still can't believe this. It's funny that they reference that I'm "in violation with the North Carolina General Statute" yet fail to give the article or section number I'm violating.

    Again, the NC GS states you have to be on probation (which you can attempt to obtain a court order to retain your permit) or CONVICTED.... I am covered by neither.

    Unreal.
    "Quick to the gun, Sure of your grip. Quick to the threat, Sure of your shot." - Chris Costa

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    jameshd is offline CMFWIC
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    First thing you need to do is contact a lawyer.
    TANSTAAFL

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    So much for shall issue.

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    When and if you're found innocent you'll prob be eligible to get your permit back. Seems like your energy should be spent in proving that first before you get bent about losing the permit. Typically Sheriff's have authority to do this if a charge has been brought. Are NC permits automated because I'm surprised that this is addressed so quickly before you have been to court.

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    Quote Originally Posted by nosreme View Post
    As far as I know, all shall issue states are shall issue subject to the absence of one or more specifically-enumerated disqualifying reasons. Also, all states, whether or not they are "shall issue" have permit revocation provisions.
    That is correct. Thus little difference exists between shall issue and may issue states. Both have restrictions on the second.

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    k9ontheway is offline Improvise-Adapt-Overcome
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    Default CCP *REVOKED* due to criminal *CHARGE*, not *CONVICTION*

    To anyone who may be interested in how the NC law works as of right now, my attorney just emailed this to me.

    NC GS 14-415.12B10

    (10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.
    It's likely that if you've been formally charged, a warrant will be issued. According to NC law (defined in a section just above this one), anyone who is a "fugitive" of the law or who has a misd or felony charge with an active warrant is automatically disqualified from an NC CHL. If you take care of the warrant by arrest or surrender, your permit is immediately invalid.

    Your Sheriff's Office will revoke the permit at a "hearing" between the DA and your local LEO (usually a captain) without your knowledge or ability to defend yourself.

    A letter is then sent to you in notification of the revocation.

    So in short, if you are charged with a crime (ANY crime), your permit will be revoked whether you are innocent or not. You have the option of attempting to appeal in District Court or if you can prove in writing after the case has been settled that you were found innocent, the District Court may decide to reinstate your permit.

    Hope this helps anyone who needed clarification like I did.
    "Quick to the gun, Sure of your grip. Quick to the threat, Sure of your shot." - Chris Costa

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    Quote Originally Posted by nosreme View Post
    Quote Originally Posted by dad45acp View Post
    When and if you're found innocent you'll prob be eligible to get your permit back. Seems like your energy should be spent in proving that first before you get bent about losing the permit. Typically Sheriff's have authority to do this if a charge has been brought. Are NC permits automated because I'm surprised that this is addressed so quickly before you have been to court.
    It **might** not be as easy as "just be found not guilty" given the apparent non-conviction basis (indictment or reason to believe) for for the revocation. As that revocation could be permanent even if the case never went to trial, it's possible that even a not-guilty finding (or conviction of a lesser misdemeanor) wouldn't result in automatic reinstatement. Part of the reason (in addition to the fact that revocation doesn't require a conviction) would be that stricter evidentiary standards (e.g., exclusionary rules) and burden of proof (beyond a reasonable doubt) applicable to criminal trials aren't usually inherently applicable to discretionary administrative matters like this. Bottom line is that the OP shouldn't assume anything and shouldn't become his own lawyer based on real or presumptive legal talk in gun forums. If he wants the permit restored, he must rely on a local lawyer.
    Yes and I agree...which is why he needs to prove innocence above anything else and then to find out how to get it reinstated which is the logical thing to do. Good legal advice is otherwise sparse on these forums.

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    SR40c is offline Done told her once...
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    Quote Originally Posted by BC1 View Post
    That is correct. Thus little difference exists between shall issue and may issue states. Both have restrictions on the second.
    Got that right. The fact they take it upon themselves to "issue" or grant you a permit is an absolute violation of the Second Amendment.


    I used to be a government-educated stooge. By the grace of God, I repent. -Robert Burris

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