Last year, NC passed HB 562 which added the following requirement to (concealed carry or pistol purchase) permit applications:A signed release, in a form to be prescribed by the Administrative Office of the Court, that authorizes and requires disclosure to the sheriff of any court orders concerning the mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified to receive a permit pursuant to this section.My sheriff took this to mean medical release forms from about half a dozen of the biggest hospitals, mental health clinics, and the VA clinic in his jurisdiction; these pre-filled releases were required as part of the permit application packet.I submitted my paperwork and began the wait, thinking nothing of the new requirement. I had easily gotten a pistol purchase permit just a few months prior, and I had a concealed carry permit that expired in 2009 that I didn't renew at the time.Now, according to state law the "Chief Law Enforcement Officer" has 45 days to either issue or deny a permit. At 108 days, and after a few calls to the Sheriff's office and no answers, I emailed my county commissioners. This got a high-level administrator from the department involved, and TL;DR the new mental health requirement didn't come with any funding to help CLEO process this new requirement.I received my denial email about a week later:It is found that your actions for the following constitute a violation of the provisions set forth in the North Carolina General Statute 14-415.12 for the possession of a concealed handgun permit.Your application for a concealed handgun permit has been denied for the following reasons:NCGS 14-415.12(b)(1) - Ineligible to own, possess, or receive firearm under State or Federal Law.NCGS 14-415.12(b)(5) - Unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant or narcotic drug, or any other controlled substance as defined in 21 U.S.C. 802.PER INFORMATION RECEIVED FROM [local mental health clinic]Well, fuck me.I had only gone to the clinic they mentioned once, so at least I had the timeframe narrowed down. About 7 years prior I was struggling with anxiety (later found to be PTSD) and the VA was surprisingly unhelpful, so after a bad episode my family convinced me to go the the local MH clinic. I talked to a doctor for about 10 minutes, he told me I had anxiety (surprise!) and should seek a MH referral for long term treatment. He was aghast at how the VA handled it and gave me a prescription for an antidepressant. That was it.I pulled the records from my visit there and the doc had marked that I had a substance abuse problem because I indicated to him that I took a hydrocodone prescribed to me for back pain "to handle stress" (what he put, I don't remember saying that) and also said I have 1-2 drinks 4 days a week. He also indicated my judgement was "fair" on the same form.Ok. So a veteran does what everybody tells him to do and seeks help, and because one doctor interpreted something a certain way, and checked two boxes on a form, the sheriff's office interprets that as me being an unlawful user. The only documentation that came back at all, and was 7 years old.My big questions:Who at the sheriff's office is interpreting medical records?What are their medical qualifications?What are the guidelines being used to determine "unlawful use" based on medical records?Wasn't the law intended to just prevent those who had been involuntarily committed from getting permits?I spoke with the sheriff's executive admin again and she said that they don't have medical personnel interpreting these records and she couldn't tell me who made the determination I was an "unlawful user".Sheriff's department = uselessLocal elected officials (all democrats) = uselessNRA = never reached back out to meSAF = never reached back out to meVFW = "not the sort of thing we help with"DAV = "not the sort of thing we help with"Grassroots NC = never reached back out.. I will never support these sons of bitches going forward, as this is supposedly what they are all aboutThe appeal process in NC involves submitting an appeal packet to the Superior Court Judge for the jurisdiction in which the permit was denied. Typically this appeal is considered without a hearing and there is a $200 filing fee.So this was last May and I have had 2 lawyer consults; both said $1500 for the appeal, which would include an in-person appearance if it ended up necessary. I was much more well-versed on the laws than these lawyers, but decided to retain one for the appeal anyways because:I may know the laws better but they know procedureThe lawyer I retained knows specifically which judge to try and get and which ones to avoidThe lawyer I retained has been through this process beforeThe lawyer I retained even mentioned that certain judges like certain forms in a certain orderThe lawyer I retained said he would specifically go for an in-person appearanceI just today retained one of the lawyers and will be going forward with my appeal in the next month after I get some paperwork together. The lawyer asked me to get a mental health assessment, and also letters of recommendation from people with standing in the community.That is the gist of it. You don't see much about denials or appeals on here so I figured I would write up my appeal as it processes so others can see how it works.Not that the reason for wanting a permit should be the determining factor, as the right should be universal, but the reason I reapplied was because I work in an unsecured (we can lock the doors but there is no access control nor fence, etc.) National Guard armory. After the shooting at the TN Reserve Center the state passed a law stating we could carry concealed while in uniform and on duty, but had to have a CCW. I have been by the very state that denied my CCW, including a mental health screening, to have unaccompanied access to machine guns and grenade launchers, and request/receive ammunition and explosives. The hypocrisy of being denied by a left-leaning politician (sheriffs get elected = politician) based on his wanting to avoid liability (his office's own words) is infuriating. via /r/CCW http://ift.tt/2mgNUmA
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