North Carolina § 14-415 - 18. Revocation or suspension of permit.

§ 14-415. 18. Revocation or suspension of permit.

The sheriff of the county where the permit was issued or the sheriff of the county where the person resides may revoke a permit subsequent to a hearing for any of the following reasons: Fraud or intentional and material misrepresentation in the obtaining of a permit. Misuse of a permit, including lending or giving a permit or a duplicate permit to another person, materially altering a permit, or using a permit with the intent to unlawfully cause harm to a person or property. It shall not be considered misuse of a permit to provide a duplicate of the permit to a vender for record-keeping purposes. The doing of an act or existence of a condition which would have been grounds for the denial of the permit by the sheriff. The violation of any of the terms of this Article. Repealed by Session Laws 2013-369, s. 20, effective October 1, 2013. The sheriff of the county where the permit was issued or the sheriff of the county where the person resides shall revoke a permit of any permittee who is adjudicated guilty of or receives a prayer for judgment continued for a crime which would have disqualified the permittee from initially receiving a permit. Upon determining that a permit should be revoked pursuant to this subsection, the sheriff shall provide written notice to the permittee, pursuant to the provisions of G.S. 1A-1, Rule 4(j), that the permit is revoked upon the service of the notice. The notice shall provide the permittee with information on the process to appeal the revocation. The court may suspend a permit as part of and for the duration of any orders permitted under Chapter 50B of the General Statutes. A permittee may appeal the revocation, or nonrenewal of a permit by petitioning a district court judge of the district in which the applicant resides. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal. Upon receipt of the written notice of revocation, the permittee shall surrender the permit to the sheriff. Any law enforcement officer serving the notice is authorized to take immediate possession of the permit from the permittee. If the notice is served by means other than by a law enforcement officer, the permittee shall surrender the permit to the sheriff no later than 48 hours after service of the notice. A permittee may appeal the revocation of a permit pursuant to this subsection by petitioning a district court judge of the district in which the permittee resides. The determination by the court, on appeal, shall be limited to whether the permittee was adjudicated guilty of or received a prayer for judgment continued for a crime which would have disqualified the permittee from initially receiving a permit. Revocation of the permit is not stayed pending appeal. History (1995, c. 398, s. 1; 2011-268, s. 20; 2013-369, s. 20.) Editor's Note. - Session Laws 2011-268, which, in s. 20, amended this section by substituting "Fraud or intentional and material misrepresentation" for "Fraud or intentional or material misrepresentation" in subdivision (a)(1), and, in subdivision (a)(2), inserting "or a duplicate permit" and substituting "materially altering a permit" for "duplicating a permit" in the first sentence, and adding the last sentence, 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 2013-369, s. 28, provides: "Sections 1 through 6, 14 through 16, 18, 21, 23, 25, and 26 of this act become effective October 1, 2013, and apply to offenses committed on or after that date. Section 17.3 and this section are effective when they become law. Section 27 of this act becomes effective October 1, 2013, and applies to any judgment entered for a felony conviction on or after that date. Except as otherwise provided in this act, the remainder of this act becomes effective October 1, 2013. 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 2013-369, s. 20, effective October 1, 2013, deleted subdivision (a)(5), which read: "The applicant is adjudicated guilty of or receives a prayer for judgment continued for a crime which would have disqualified the applicant from initially receiving a permit"; and added subsection (a1). For applicability, see Editor's note.