North Carolina § 14-415 - 15. Issuance or denial of permit.

§ 14-415. 15. Issuance or denial of permit.

Except as permitted under subsection (b) of this section, within 45 days after receipt of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny the permit. The sheriff may conduct any investigation necessary to determine the qualification or competency of the person applying for the permit, including record checks. The sheriff shall make the request for any records concerning the mental health or capacity of the applicant within 10 days of receipt of the items listed in G.S. 14-415.13. No person, company, mental health provider, or governmental entity may charge additional fees to the applicant for background checks conducted under this subsection. A permit shall not be denied unless the applicant is determined to be ineligible pursuant to G.S. 14-415.12. Upon presentment to the sheriff of the items required under G.S. 14-415.13 (a)(1), (2), and (3), the sheriff may issue a temporary permit for a period not to exceed 45 days to a person who the sheriff reasonably believes is in an emergency situation that may constitute a risk of safety to the person, the person's family or property. The applicant may submit proof of a protective order issued under G.S. 50B-3 for the protection of the applicant as evidence of an emergency situation. The temporary permit may not be renewed and may be revoked by the sheriff without a hearing. A person's application for a permit shall be denied only if the applicant fails to qualify under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff shall, within 45 days, notify the applicant in writing, stating the grounds for denial. An applicant may appeal the denial, revocation, or nonrenewal of a permit by petitioning a district court judge of the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal. The determination by the court shall be final. History (1995, c. 398, s. 1; 2005-343, s. 1; 2011-268, s. 17; 2015-195, s. 14.) Editor's Note. - Session Laws 2011-268, which, in s. 17, amended this section by substituting "45 days" for "90 days" throughout the section, and inserting "and receipt of the required records concerning the mental health or capacity of the applicant" in the first sentence of subsection (a), provided in s. 26: "This act becomes effective December 1, 2011, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-195, s. 18, made the last three sentences in subsection (a), as added by Session Laws 2015-195, s. 14, applicable to applications submitted on or after October 1, 2015, and provided that: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2015-195, s. 14, effective October 1, 2015, added the last three sentences of subsection (a). For applicability, see editor's note. Legal Periodicals. - For article, "Public Endangerment or Personal Liberty? North Carolina Enacts a Liberalized Concealed Handgun Statute," see 74 N.C.L. Rev. 2214 (1996). For comment, "A Fighting Chance for Outlaws: Strict Scrutiny of North Carolina's Felony Firearms Act," see 32 Campbell L. Rev. 333 (2010).