§ 14-415.12. Criteria to qualify for the issuance of a permit.
§ 14‑415.12. Criteriato qualify for the issuance of a permit.
(a) The sheriff shallissue a permit to an applicant if the applicant qualifies under the followingcriteria:
(1) The applicant is acitizen of the United States and has been a resident of the State 30 days orlonger immediately preceding the filing of the application.
(2) The applicant is 21years of age or older.
(3) The applicant doesnot suffer from a physical or mental infirmity that prevents the safe handlingof a handgun.
(4) The applicant hassuccessfully completed an approved firearms safety and training course whichinvolves the actual firing of handguns and instruction in the laws of thisState governing the carrying of a concealed handgun and the use of deadlyforce. The North Carolina Criminal Justice Education and Training StandardsCommission shall prepare and publish general guidelines for courses andqualifications of instructors which would satisfy the requirements of thissubdivision. An approved course shall be any course which satisfies therequirements of this subdivision and is certified or sponsored by:
a. The North CarolinaCriminal Justice Education and Training Standards Commission,
b. The National RifleAssociation, or
c. A law enforcementagency, college, private or public institution or organization, or firearmstraining school, taught by instructors certified by the North Carolina CriminalJustice Education and Training Standards Commission or the National RifleAssociation.
Everyinstructor of an approved course shall file a copy of the firearms coursedescription, outline, and proof of certification annually, or upon modificationof the course if more frequently, with the North Carolina Criminal JusticeEducation and Training Standards Commission.
(5) The applicant is notdisqualified under subsection (b) of this section.
(b) The sheriff shalldeny a permit to an applicant who:
(1) Is ineligible toown, possess, or receive a firearm under the provisions of State or federallaw.
(2) Is under indictmentor against whom a finding of probable cause exists for a felony.
(3) Has been adjudicatedguilty in any court of a felony.
(4) Is a fugitive fromjustice.
(5) Is an unlawful userof, or addicted to marijuana, alcohol, or any depressant, stimulant, ornarcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.
(6) Is currently, or hasbeen previously adjudicated by a court or administratively determined by agovernmental agency whose decisions are subject to judicial review to be,lacking mental capacity or mentally ill. Receipt of previous consultativeservices or outpatient treatment alone shall not disqualify an applicant underthis subdivision.
(7) Is or has beendischarged from the armed forces under conditions other than honorable.
(8) Is or has beenadjudicated guilty of or received a prayer for judgment continued or suspendedsentence for one or more crimes of violence constituting a misdemeanor,including but not limited to, a violation of a misdemeanor under Article 8 ofChapter 14 of the General Statutes, or a violation of a misdemeanor under G.S.14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3,14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1,14‑277.2, 14‑277.3A, 14‑281.1, 14‑283, 14‑288.2,14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, 14‑288.12, 14‑288.13,14‑288.14, 14‑318.2, 14‑415.21(b), 14‑415.26(d), orformer G.S. 14‑277.3.
(9) Has had entry of aprayer for judgment continued for a criminal offense which would disqualify theperson from obtaining a concealed handgun permit.
(10) Is free on bond orpersonal recognizance pending trial, appeal, or sentencing for a crime whichwould disqualify him from obtaining a concealed handgun permit.
(11) Has been convicted ofan impaired driving offense under G.S. 20‑138.1, 20‑138.2, or 20‑138.3within three years prior to the date on which the application is submitted.
(c) An applicant shallnot be ineligible to receive a concealed carry permit under subdivision (6) ofsubsection (b) of this section because of involuntary commitment to mentalhealth services if the individual's rights have been restored under G.S. 122C‑54.1. (1995, c. 398,s. 1; c. 509, s. 135.3(d); 1997‑441, s. 4; 2007‑427, s. 5; 2008‑210,s. 3(b); 2009‑58, s. 1.)