weapons permits - nc sbidcin.ncsbi.gov/euidocs/training/m4weapons07152015final.pdf ·...

Law Enforcement/Criminal Justice Use Only Revised July 15, 2015

WEAPONS PERMITS

Special Operations Division Criminal Information and Identification Section

Law Enforcement/Criminal Justice Use Only Revised 07/15/2015

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PERMIT TO PURCHASE & CONCEALED HANDGUN PERMITS

Permit to Purchase Handgun

Purpose 9

Criteria of Issuance 10

Grounds for Denial 11

Decision to Issue or Deny Permit to Purchase Revocation

13 14

Appeals 15

Protection Order Prohibits Possession/Purchase of a Firearm 15

Concealed Handgun Permits

Purpose 15

Criteria of Issuance 16

Grounds for Denial 18

Initial Application Process

Concealed Handgun Permit 21

Emergency Temporary Permit 26

Renewal Permit Process

Renewing an Active Permit 28

Renewing an Expired Permit 31

Permit Extension & Renewals for Deployed Military Permittees 33

Changes to Permits

Address Changes 34

Duplicate Permits 35

Protection Order Suspends Permit 36

Protection Order Prohibits Possession/Purchase of a Firearm 36

Revocations 37

Sanctions & Appeals

Sanctions 39

Appeals 40

Fees and Billing

Fees 40

Billing 40

Dissemination of Concealed Handgun Permit File Information

Law Enforcement Registry 41

Concealed Handgun Permit Reciprocity

Scope 41

Participating States 42

Transactions into the Concealed Handgun Permit File

Enter – ECG 42

Enter/Add Status – ECGN 43

TABLE OF CONTENTS


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Modify – MCG 44

Cancel Status – XCGN 45

Query – QCG 45

Notification of Concealed Handgun Permit Violation – NCGV 46

Query Nlets Concealed Weapons Permit – CWQ 47

Cross Searches 47

Selection of the Default Notification ORI 48

Forms Section

Disqualifying Offenses Chart 50

Concealed Handgun Permit Application 52

Concealed Handgun Chart – Prohibited Carry Areas 55

The Do’s & Don’ts of Carrying a Concealed Handgun 57

Physical/Mental Health Release 58

Example of Concealed Handgun Permit Card 59

Change of Address Form 60

Notice of Denial of Application 61

Statement of Loss/Destruction of Permit 62

Sample Renewal Letter 63

Exemption from Firearms Course 64

Renewal Affidavit 65

Notice of Probable Cause & Hearing 68

Sample Notification of Suspension of Concealed Handgun Permit 69

Notice of Findings of Revocation Hearing 70

Example of Emergency Temporary Permit 71

Example of Temporary Duplicate Permit 71

Example of Address Change Form 72

Example of Address Change Notification to New Sheriff 72

Example of Notification of Concealed Handgun Permit Violation 73

Example of “Prior Record” Fingerprint Response 73

Example of “No Prior Record” Fingerprint Response 74

Example of “New Criminal Activity” Fingerprint Response 74

Independent Exercises – Concealed Handgun Permits 76-77

NATIONAL INSTANT CHECK SYSTEM - NICS

Contents of the Law

Introduction of NICS 79

Federal Law Requirements 79

Alternative to Required NICS Check at Time of Transfer 81

NICS Index Inquiry Transactions

Name Inquiries – QN or QNP 81

Record Inquiries – QNR 84

Enter State Denial Notification (NDN)

Enter State Denial Notification – NDN 85


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State Denial Overturned Message – NDO 86

NICS Index File Transactions

Enter NICS Index Record – EDP 86

Modify NICS Index Record – MDP 87

Supplement NICS Index Record – SDP 87

Cancel NICS Index Record – XDP 87

Query NICS Index Record – QDP 87

NICS Index Retention 88

Access, Dissemination, and Appeals of NICS File Records

Access and Dissemination 88

Appeals Procedures 88

Retention of Records

Weapon Permits and Applications 89

NICS Inquires and Responses 90

NICS Log of Transactions – QCHL 90

Forms Section

Federal Prohibitors 92

Supplementary Questions for Applicants for a Permit to Purchase 99

Independent Exercises – NICS System 101

Instructions for Taking Online Test 102


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Title: Module 4 – Weapons Permits

Purpose: To present to the student an overview of concealed handgun permits, criteria for issuance of a concealed

handgun permit, types of background records checks required for the issuance of handgun permits, and

procedures regarding the issuance of these permits.

Training Objectives:

At the end of this block of instruction, the student will

be able to achieve the following objectives in accordance with information received during the

instructional period:

1. Identify the criteria for issuance that an individual must meet before a permit to purchase may be

issued. 2. Identify the two types of concealed handgun

permits that may be issued by Sheriffs in North Carolina.

3. Identify the criteria for issuance that an individual must meet in order to apply for a concealed

handgun permit.

4. Identify the record checks required under federal and/or state law before the issuance of a handgun

permit. 5. Discuss the forms and fees which must be provided

to the Sheriff’s Office by an individual applying for an initial concealed handgun permit and an

application for renewal for concealed handgun permit.

6. Discuss the procedures that the Sheriff’s Office must follow when handling the following:

Applications for permit to purchase a handgun permit

Applications for initial concealed handgun permit Applications for renewal of a concealed handgun

permit

Permittee address change Duplicate permit requests

Court-ordered suspensions of a concealed handgun permit

Permit revocation proceedings 7. Discuss CIIS’s regulations on dissemination of

concealed handgun permit information.


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8. Given a scenario, identify which transaction(s)

would be used to perform a National Instant Check System (NICS) check on an applicant for a weapons

permit.

Hours: Six (6)

Instructional

Method:

Lecture/Discussion

Training Aids: Computer Slide Projector

Computer Slideshow Student Training Manual/Workbook

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Patricia Viverette

District Training Specialist Training Unit

SBI Criminal Information and Identification Section

July 15, 2015

Jeannie McBride District Training Specialist

Training Unit SBI Criminal Information and Identification Section

February 23, 2014



November 14, 2013

Jeannie McBride



February 12, 2013

Jeannie McBride



November 14, 2012


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Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Jessica Adams



August 14, 2012



April 30, 2011



January 23, 2009

Jeannie McBride



November 24, 2008

Jeannie McBride



October 06, 2008



December 10, 2007

Gene Melvin District Training Specialist

Training Unit


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Revised Date:


June 29, 2004


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I. WEAPON PERMIT INFORMATION

A. Types of Permits Available

1. Permit to Purchase a Handgun

2. Concealed Handgun Permits

II. PERMIT TO PURCHASE A HANDGUN

A. Purpose

1. It is unlawful for any person, firm, or corporation in this state to sell, give away, transfer, purchase or receive any handgun unless

a permit has been obtained.

2. The purchaser or receiver of a handgun must either:

a. Obtain a permit from the Sheriff of the county in which the purchaser or receiver resides; OR,

b. The purchaser must possess a valid North Carolina issued concealed handgun permit and be a current resident of NC

at the time of the purchase. The only exception would be a nonresident when the purpose is for collecting.

3. An individual must complete an application process.

4. The Sheriff may issue a permit to purchase to a resident of his

county. He may issue a permit to purchase to a nonresident when the purpose of the permit is for collecting.

5. Any violation would be a Class 2 Misdemeanor.

EXCEPTION to this would be the transfer or sale of “antique

firearms” or “historic edged weapons”. An “antique firearm” is one that was manufactured on or before 1898 and includes any

firearm with a matchlock, flintlock, percussion cap, or similar ignition system, or a replica thereof, if the replica is not designed

or redesigned for using rim-fire or conventional center-fire fixed ammunition. It also includes any muzzle loading rifle, muzzle

loading shotgun, or muzzle loading pistol, which is designed to use black powder substitute, and which cannot use fixed

ammunition.

The term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver; is converted into a

muzzle loading weapon; or is a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the


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barrel, bolt, breechlock, or any combination thereof. Any firearm

that takes fixed ammunition would require a permit.

A “historic edge weapon” is defined to be a bayonet, trench knife, sword, or dagger manufactured during or prior to World War II

but no later than January 1, 1946.

B. Criteria for Issuance 1. The applicant must be a resident in the county where permit to

purchase application is made. The only exception is a nonresident may apply if the purpose of the permit is for collecting.

2. The applicant must be at least 18 years of age to receive a pistol

purchase permit. The applicant must be 21 years of age, however, to purchase a handgun from a federally licensed

firearms dealer.

3. The applicant may seek the permit for protection of the home,

business, person, family, property or for target shooting, collecting or hunting.

4. The Sheriff will conduct a criminal background check on the

applicant to include a National Instant Check System (NICS) inquiry and an Administrative Office of the Courts (AOC) inquiry.

5. The Sheriff must believe the applicant is of good moral character.

6. The requirement for obtaining a permit before purchasing or

receiving a handgun does not apply to NC law enforcement officers, who are authorized by law to carry firearms. However, to

use this exemption, the law enforcement officer must identify him

or herself to the seller of the handgun as being a law enforcement officer authorized to carry firearms, and provide any of the

following: a. A letter signed by the officer’s superior officer stating the

officer is authorized to carry a firearm. b. A current photographic identification card issued by the

officer’s employer. c. A current photographic identification card issued by a state

agency that identifies officer as a state law enforcement officer.

d. A current identification card from the officer’s employer and one other form of photographic identification.


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NOTE: If the officer is purchasing or receiving a handgun from a

federally licensed firearms’ dealer, federal law may nonetheless require a NICS check be conducted.

7. A permit is required before presenting a retired officer with his

duty weapon.

C. Grounds for Denial – Review Disqualifying Offense Chart for a list of prohibitors. The below list is not conclusive.

1. Persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year. Persons who have

been convicted (including by a general court martial) of any offense punishable by imprisonment for a term exceeding one

year, whether or not such term of imprisonment was imposed. a. A person would not be ineligible under this criteria if the

person has been pardoned for the crime or conviction, the

crime or conviction has been expunged or set aside, or the person has had their civil rights restored, and under the law

where the conviction occurred, the person is not prohibited from receiving or possessing any firearm.

b. A "crime punishable by imprisonment for a term exceeding one year", is defined in federal law so as to exclude most

misdemeanors in NC.

2. Persons who are fugitives from justice.

3. Persons who are unlawful users of, or addicted to, marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any

other controlled substance.

4. Persons who have been adjudicated mental defectives or have

been committed to a mental institution.

5. Persons who are aliens and are illegally or unlawfully in the US. The US Attorney General has issued a directive requiring an

Immigration and Customs Law Enforcement Support Center (ICE) Immigrant Alien Query (IAQ) transaction be performed on ALL

Non-US Citizens who apply for a Permit to Purchase a handgun.

6. Persons who have been discharged from the US Armed Forces under dishonorable conditions.

7. Persons who, having been citizens of the US, have renounced

their US citizenship.


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8. Persons subject to a court order that:

a. Was issued after a hearing of which person received actual notice, and the person had an opportunity to participate;

b. Restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate

partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily

injury to the partner or child; and c. Includes a finding that the person represents a credible

threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use,

or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause

bodily injury.

9. Persons convicted in any court of a misdemeanor crime of

domestic violence. A qualifying misdemeanor crime of domestic violence is an offense that:

a. Is a federal, state, local, tribal or territorial offense that is a misdemeanor under federal, state or tribal law; OR

In states which do not classify offenses as misdemeanors, is an offense which is punishable by imprisonment for a term

of one year or less, and includes offenses that are punishable by a fine.

b. Has the element of the use or the attempted use of physical force, or the threatened use of a deadly weapon. The

physical force element can only be established by the conviction. And,

c. At the time the offense was committed, the defendant was; (1) A current or former spouse, parent or guardian of the

victim;

(2) A person with whom the victim shared a child in common;

(3) A person who was cohabitating with or had cohabitated with the victim as a spouse, parent, or guardian; or,

(4) A person who has or had similarly situated to a spouse, parent, or guardian of the victim.

10. Persons under Indictment or Information for a crime punishable

by imprisonment for a term exceeding one year.

11. Individual is convicted in NC and is on active probation. This includes supervised or unsupervised probation. This applies to

any level of offense including traffic violations. The active


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probation is disqualifying unless the court has issued special

terms allowing the purchase or possession of firearms.

12. Persons whom, in the Sheriff’s opinion, do not possess good moral character.

D. Decision to Issue

1. Upon completion of the necessary background checks conducted by the Sheriff’s Office, each applicant should be informed within

14 days of the date of his or her application whether the permit will be issued or denied. If no prohibiting factors were found then

the permit may be ISSUED.

2. Once issued, the permit to purchase will be valid for 5 years from the date of issuance.

3. The Sheriff shall charge $5.00 upon receipt of an application for each permit to purchase requested.

4. There shall be no limit as to the number or frequency of permit to

purchase applications and no other costs or fees other than provided in N.C.G.S § 14-404 subsection (e) shall be charged for

the permit, including, but not limited to, any costs for investigation, processing, or medical background checks by the

Sheriff or others providing records to the Sheriff.

5. The Sheriff shall keep a record of all permits issued. The record shall include:

a. The date of issuance b. Name

c. Age

d. Place of residence e. Former place of residence

6. The records maintained by the Sheriff are confidential and are

not public record.

7. The records may be available upon request to any federal, State, and local law enforcement agencies as well available to the court

if required to be released pursuant to a court order.

8. If upon the completion of the necessary background checks conducted by the Sheriff’s Office, prohibiting factors were found

then the permit should be DENIED.


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E. Decision to Deny

1. If the permit to purchase is denied, the Sheriff shall provide the applicant within seven days of the denial a written statement of

the reason(s) for the denial.

2. The written statement must cite the specific facts upon which the Sheriff concluded the applicant was not qualified for the permit.

The Sheriff must also list the statute number, the applicable law, upon which the denial was based.

3. The Sheriff shall keep a list of all permit denials, which includes

the specific reasons for the denial; however, the list cannot contain any information that would identify the applicant.

4. This list is public record and the Sheriff must make the list

available upon request to any member of the public.

a. The list shall be organized by the quarters of the year, showing the number of denials and the reasons in each

three-month period. b. The list shall only be released for past, completed quarters.

F. Revocation

1. The Sheriff shall revoke a permit to purchase upon the occurrence of any event or condition that occurs after the

issuance of the permit, which would render the individual unable to lawfully receive a permit to purchase.

a. The Sheriff shall provide written notice to the permittee that the permit is revoked. This notice will also provide the

permittee with the information on how to appeal the revocation.

b. 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. c. 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. d. Any permittee who willfully fails to surrender his/her permit

upon notice of revocation is guilty of a Class 2 misdemeanor.

2. The Sheriff shall also add the following information to the record

of permits issued: a. The date the permit was revoked


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b. The date the permittee received notice of the revocation

c. Whether the permit was surrendered d. The reason for the revocation

3. These records are updated upon each revocation so that any

potential transferor may check on the status of a permit.

4. The records maintained by the Sheriff pursuant to this section are confidential and not public record.

5. The records may be available upon request to any federal, State,

and local law enforcement agencies as well available to the court if required to be released pursuant to a court order.

G. Appeals

1. An applicant may appeal the decision of the Sheriff regarding the

denial of the Permit to Purchase by petitioning the Chief District Court Judge in which the application was filed.

2. A permittee may appeal the revocation of a permit to purchase by

petitioning a District Court Judge of the district in which the permittee resides.

3. The determination of the court, on appeal, is final.

H. Protection Order Prohibits Possession/Purchase of a Firearm

1. Any domestic violence protection order can prohibit an individual from possessing, purchasing or receiving a firearm for a specific

time documented in the order.

2. The purchase or attempt to purchase of a firearm by a person

subject to a domestic violence order or successive protective order entered against that person which is in effect prohibiting the

purchase of a firearm is guilty of a Class H Felony pursuant to N.C.G.S. § 14-269.8.

III. CONTENT OF THE CONCEALED HANDGUN LAW

A. Purpose 1. Enacted by the 1995 session of the NC General Assembly; became

effective December 1, 1995.


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2. Allows approved NC residents to carry a concealed handgun,

within limits, if they have received a concealed handgun permit from the Sheriff of their county of residence.

3. Two types of permits allowed under the law

a. Concealed Handgun Permit – permits are valid for 5 years from date of issuance.

b. Emergency Temporary Permit – valid for 45 days from date of issuance.

4. Permittee must carry permit, along with valid ID, whenever in

possession of a concealed handgun.

5. Permittee must advise a law enforcement officer when approached, that he has a valid permit and is carrying a

concealed handgun. Upon the officer’s request, the permittee

must show both the permit and valid identification.

6. Areas where concealed handgun permittees are prohibited include, but are not limited to:

a. Posted local government recreational facilities b. Federal Property

c. Any law enforcement/correctional facility d. Areas prohibited by federal law

e. Any premises where notice that carrying a concealed handgun is prohibited by the posting of a statement by the

person in legal possession or control of the premise

NOTE: See Prohibited Carry Areas Chart located in the FORMS section of this manual.

7. Only certain categories of persons in NC are allowed, in particular circumstances, to carry concealed handguns. A list of individuals

authorized pursuant to N.C.G.S. § 14-269(b) is located in the FORMS section of this manual.

B. Criteria of Issuance

1. An applicant must be a citizen of the US.

2. An applicant must be a resident of NC for 30 days prior to the application being filed.

3. An applicant must be at least 21 years of age.


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4. An applicant must not suffer from any physical or mental

weakness that prevents the safe handling of a handgun.

5. An applicant must have successfully completed an approved firearms safety and training course.

EXCEPTIONS: a. Emergency Temporary Permit Applicant (N.C.G.S. § 14-

415.15(b), b. Qualified Sworn Law Enforcement Officer is defined by

(N.C.G.S. § 14-415.10, 14-415.12A) as a law enforcement officer employed by a local, state, campus police, or

company police agency in NC who satisfies the following: (1) Authorized by the agency to carry a handgun in the

course of duty; (2) Is not the subject of a disciplinary action by the

agency that prevents the carrying of a handgun; and

(3) Meets the requirements established by the agency regarding handguns.

c. Qualified Former Sworn Law Enforcement Officer is defined by (N.C.G.S. § 14-415.10, 14-415.12A) as an

individual who retired from service as a law enforcement officer with a local, state, campus police, or company police

agency in NC, other than for reasons of mental disability, who has been retired as a sworn law enforcement officer

two years or less from the date of application, and who satisfies all of the following:

(1) Immediately before retirement, was a qualified law enforcement officer with a local, State, or company

police agency in NC; (2) Has a non-forfeitable right to benefits under the

retirement plan of the local, state, or company policy

agency as a law enforcement officer; or has 20 or more aggregate years of law enforcement service and

has retired from a company policy agency that does not have a retirement plan;

(3) Or has 20 or more aggregate years of part-time or auxiliary law enforcement service; and

(4) Is not prohibited by state or federal law from receiving a firearm.

d. Qualified Retired Probation or Parole Certified Officer is defined by (N.C.G.S. § 14-415.10, 14-415.12A) as an

individual who retired from service as a state probation or parole certified officer, other than for reasons of mental

disability, who has been retired as a probation or parole


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certified officer two years or less from the date of

application, and who meets all of the following criteria: (1) Immediately before retirement, the individual met

firearms training standards of the Division of Adult Correction of the Department of Public Safety and was

authorized to carry a handgun in the course of duty; (2) Retired in good standing and was never a subject of a

disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have

prevented the individual from carrying a handgun; (3) Has a vested right to benefits under the Teachers’ and

State Employees’ Retirement System of NC established under Article 1 of Chapter 135 of the

General Statutes; (4) Is not prohibited by state or federal law from receiving

a firearm.

e. A person who is licensed or registered by the North Carolina Private Protective Services Board as an

armed security guard, who also has a firearm registration permit issued by the Board in compliance

with N.C.G.S. § 74C-13, is deemed to have satisfied the requirement that an applicant successfully

complete an approved firearms safety and training course.

NOTE: Federal law enforcement officers, military or out-of-state

law enforcement officers (even if living in NC) are NOT exempt from the firearms safety and training course.

C. Grounds for Denial – Review Disqualifying Offense Chart in the

FORMS section for a list of prohibitors. The below list is not

conclusive. 1. Individual is ineligible to own, possess or receive a firearm under

the provisions of state or federal law.

2. Individual is under Indictment or Information for or has been convicted in any state, of a felony.

3. Individual is a fugitive from justice.

4. Individual is an unlawful user of, or addicted to, marijuana,

alcohol, or any depressant, stimulant or narcotic drug, or any other controlled substance.


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5. Is currently, or has been previously adjudicated by a court or

administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental

capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant

under this subdivision.

6. Individual has been convicted of an impaired driving within three years prior to the date of when the application was submitted.

7. Individual has had an entry of prayer for judgment continued for a

criminal offense which would disqualify the person from obtaining a Concealed Handgun Permit.

8. Individual 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.

9. Individual has been adjudicated guilty or received a prayer for judgment continued or suspended sentence for a violation of an

offense under Article 8 of Chapter 14 of the General Statutes. (This encompasses most assault offenses). NOTE: See

Disqualifying Offenses Chart.

10. Individual has been adjudicated guilty or received a prayer for judgment continued or suspended sentence for a crime of violence

constituting a misdemeanor. NOTE: See Disqualifying Offenses Chart.

11. Individual who has been discharged from the US Armed Forces

under conditions other than honorable.

12. Individual is convicted in NC and is on active probation. This

includes supervised or unsupervised probation. This applies to any level of offense including traffic violations. The active

probation is disqualifying unless the court has issued special terms allowing the purchase or possession of firearms.

13. Individual is an alien illegally or unlawfully in the US.

14. Persons who, have been citizens of the US, have renounced their

US citizenship.

15. Persons subject to a court order that:


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a. Was issued after a hearing of which person received actual

notice, and the person had an opportunity to participate; and,

b. Restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate

partner, or from engaging in other conduct that would place the intimate partner or child in reasonable fear of bodily

injury; c. Includes a finding that such person represents a credible

threat to the physical safety of such intimate partner or child or by its terms expressly prohibits the use, attempted

use, or threatened use of physical force against such intimate partner or child that would reasonably be expected

to cause bodily injury.

16. Persons convicted in any court of a misdemeanor crime of

domestic violence. A qualifying misdemeanor crime of domestic violence is an offense that:

a. Is a federal, state, local, tribal or territorial offense that is a misdemeanor under federal, state or tribal law; OR

In states which do not classify offenses as misdemeanors, is an offense which is punishable by imprisonment for a term

of one year or less, and includes offenses that are punishable by a fine.

b. Has the element of the use or the attempted use of physical force, or the threatened use of a deadly weapon. The

physical force element can only be established by the conviction. And,

c. At the time the offense was committed, the defendant was; (1) A current or former spouse, parent or guardian of the

victim;

(2) A person with whom the victim shared a child in common;

(3) A person who was cohabitating with or had cohabitated with the victim as a spouse, parent, or guardian; or,

(4) A person who has or had similarly situated to a spouse, parent, or guardian of the victim.

17. Persons convicted in any court of a crime punishable by

imprisonment for a term exceeding one year. Persons who have been convicted (including by a general court martial) of any

offense punishable by imprisonment for a term exceeding one year, whether or not such term of imprisonment was imposed.

a. A person would not be ineligible under this criteria if the person has been pardoned for the crime or conviction, the


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crime or conviction has been expunged or set aside, or the

person has had their civil rights restored, and under the law where the conviction occurred, the person is not prohibited

from receiving or possessing any firearm. b. A "crime punishable by imprisonment for a term exceeding

one year", is defined in federal law so as to exclude most misdemeanors in NC.

18. Background investigations must be conducted on applicant to

determine if any grounds for denial exist.

19. Required record checks include: a. National Instant Criminal Background Check System (NICS)

– includes state/national criminal history and NICS Index inquiry

b. Wanted Person inquiries

c. DMV inquiries d. Administrative Office of the Courts (AOC) inquiries

IV. Initial Application Process

NOTE: This process is for the applicant who has NEVER had a NC Concealed Handgun Permit.

A. Concealed Handgun Permit

1. Applicant’s Submission a. Application Form

(1) The Application form can be found on the NC Dept. of Justice website; under the SBI then select Get a Form

on the right side in the second blue box. The form is

available either as a PDF document or a fillable Word document.

(2) Use the same form for all applications. (3) A copy can be given to the applicant, however, a copy

must be maintained and utilized within the Sheriff’s Office for processing (ex. background checks,

fingerprinting, file, etc.). (4) Notarized signature of permittee (notarization does

not have to occur within the Sheriff’s Office). (5) 3 areas: Personal Identification, Applicant’s

Testimony, Sheriff’s Checklist. (6) Information from the application is data entered into

the DCI Network by the SO personnel. b. Non-refundable application fee


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(1) $80.00 for new application, unless applicant is a

retired sworn law enforcement officer. (2) $45.00 for new application for a retired sworn law

enforcement officer as defined by N.C.G.S. § 14-415.19

c. One set of fingerprints (one applicant fingerprint card) administered by the Sheriff. The Sheriff’s Office can charge

the applicant a fee, not to exceed $10.00, to cover the cost of processing the fingerprints.

d. Original certification of completion from an approved firearms safety course indicating the subject has

successfully completed this course. NOTE: This certificate is not required if:

(1) If applicant is applying for an Emergency Temporary Permit only,

(2) If applicant is a Qualified Sworn Law Enforcement

Officer, (3) If applicant is a Qualified Former Sworn Law

Enforcement Officer, (4) If applicant is a Qualified Retired Probation or Parole

Certified Officer, (5) If individual is licensed or registered by the NC Private

Protective Services Board as an armed security guard, who also has a firearms registration permit issued by

the Board.

If exempt from the firearms safety course due to law enforcement status, the applicant must complete the

Exemption From Firearms Safety Course Form; sample form located in the FORMS section of this

manual.

e. Physical and Mental Health Release Form authorizes the

disclosure to the Sheriff of any records concerning the physical and mental health capacity of the applicant.

2. Sheriff’s Processing

a. Enter data from Application Form into the DCI Network. b. Submits fingerprints to SBI.

c. Conducts any background checks necessary. d. Sheriff shall Issue or Deny permit application within the

appropriate 45 day timeframe. e. Decision to Issue/Deny application within 45 days, depends

on the mental health records request. See below:


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(1) If Sheriff does not ask for mental health records, the

45 days begins when the application material was accepted by the Sheriff’s Office.

(2) If the Sheriff asks for mental health records, the 45 days begins from the time all application

documentation, to include receipt of mental health records, are received by the Sheriff’s Office.

f. Update the application status in the DCI Network indicating Sheriff’s decision.

3. Submission of Fingerprints

a. If your agency has a Live Scan device, prints may be submitted electronically to the SBI. This may significantly

shorten the processing time needed for a fingerprint criminal history record check.

b. Fingerprints must be taken on Applicant Fingerprint Card

(1) Place the ORI of the contributing Sheriff, along with the Sheriff’s Office name and address in the Employer

Block. (2) Indicate N.C.G.S. § 14-415.13 - Concealed Handgun

Permit” in the Reason Fingerprinted Block (may use stamp provided by SBI/DCI).

(3) Indicate “CHP” in the OCA field. (4) Sheriff’s Office staff should complete the remainder of

the card appropriately. c. Mail to SBI in the User Fee Envelope (ones with blue

borders), unless submitted electronically via Live Scan/AFIS. Stamp the outside of the envelope with the same stamp

provided for the Applicant Fingerprint Cards for easier recognition and processing assignment.

d. Illegible fingerprint cards will be returned to the contributing

agency. It will be the contributing agency’s responsibility to contact the applicant to have the fingerprints re-rolled. An

additional processing fee cannot be charged to the applicant. If returned, return corrected cards and all

paperwork (including original rejected cards) to the SBI. e. Acceptable fingerprints are searched through the SBI

database (and FBI database, as needed) to determine if the person has a criminal history record on file.

4. Fingerprint Search Responses

a. Upon conclusion of database search(s), the SBI will notify the contributing Sheriff’s Office of the findings via an online

message. It will either indicate:


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(1) Prior Criminal Record; SID and/or FBI number will be

provided; or, (2) No Prior Record Found.

b. The fingerprint card will not be returned to the contributing agency. If your department desires a copy to keep, it is

recommended that a second set be taken and retained in your files.

c. The fingerprint images will be maintained in the State Automated Fingerprint Identification System (SAFIS) at the

SBI. These images will be searched against future arrest/custody cards received. If a match is found, the

Sheriff that contributed the applicant’s fingerprints for the Concealed Handgun Permit reason will be notified by an

online terminal message from DCIN advising: (1) Warning-New Criminal Activity and the SID and/or FBI

number will be provided.

(2) This new criminal activity may be grounds for revocation of the permit.

5. Decision to Issue or Deny

a. If upon the completion of the necessary background checks conducted by the Sheriff’s Office and/or the receipt of the

fingerprint card criminal records search from the SBI/FBI, the Sheriff decides to ISSUE the permit, he must update the

application record in the DCI Network indicating the issuance of the permit

(1) This entry immediately updates the status of the card to “Issued” with an expiration date calculated for 5

years from date of issuance. (2) This update indicating the issuance of the permit will

notify the SBI to print the Concealed Handgun Permit

card. (3) These printings will occur on Wednesday mornings

based on the transactions entered by the Sheriff’s Office during the previous week.

(4) The cards will be reviewed by the SBI to ensure all cards were printed and mailed in a packet to the

issuing Sheriff on Wednesday or Thursday of the printing week.

(5) The Sheriff shall maintain a listing, including the identifying information, of those persons who are

issued a permit. (6) The list of permit holders and the information

collected by the Sheriff to process an application are confidential and not public record.


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(7) The Sheriff shall make this list available upon request

to all State and local law enforcement agencies.

NOTE: If permit cards for the “issued” permits have not been received by your agency within one week following your

update indicating their issuance, please contact the SBI Compliance Unit.

b. If upon the completion of the necessary background checks

conducted by the Sheriff’s Office and/or receipt of the fingerprint card criminal history search conducted by the

SBI/FBI, the Sheriff decides to DENY the permit, he must: (1) Update the Application Form and the record in the DCI

Network indicating the denial of the permit. (2) Notify the applicant in writing of the reason for denial.

A sample “Denied Permit Letter” is included in the

FORMS section of this booklet. (3) An applicant may appeal by applying to a district court

judge of the district in which the application was filed. (4) If the denial is based on a federal firearms prohibition,

the denial should be entered in NICS (National Instant Criminal Background Check System).

c. If the results of the applicant’s fingerprint card criminal records search are not received by the Sheriff’s Office prior

to the 45 day period, when all other application documentation has been received, the Sheriff can choose

whether to issue the permit without knowing the fingerprint card results; or the Sheriff can temporarily deny the permit

pending the fingerprint card results. d. If the decision is made to temporarily deny the permit,

pending the fingerprint card results, NO ACTION is

necessary in the DCI Network. The Sheriff may wish to notify the applicant in writing that the permit will not be

issued at this time because of the delayed fingerprint search and that a decision will be immediately rendered upon

receipt of the fingerprint search. e. If mental health records are being requested by the Sheriff’s

Office, the 45 day timeframe does not begin until the mental health records have been received.

f. Once the Sheriff’s Office has received all application documentation, to include the applicant’s mental health

records, the Sheriff will then have 45 days to either issue or deny the permit.

g. If mental health records were requested, the Sheriff shall NOT issue or deny the permit prior to receiving


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the mental health records, as defined in N.C.G.S. § 14-

415.15.

6. Permit Card Packets a. Permit Cards

(1) The Concealed Handgun Permit cards are the size of a credit card.

(2) They contain physical identification data regarding the permittee, as well as the permit number, type, and

date of expiration. (3) Upon receipt of the printed permit card, the Sheriff

must sign it (or may use signature stamp) and contact the permittee for pickup. When the permittee arrives

to collect the card, he must also sign the card in the presence of the Sheriff.

(4) It is also recommended to have the applicant read and

sign a copy of “The Do’s and Don’ts of Carrying a Concealed Handgun” as compiled by the NC Attorney

General’s Office (see the FORMS section of this manual). This signed copy could be kept within the

Sheriff’s Office, along with the completed, notarized application, as further proof that the applicant had

been made aware of some of the permit issues. (5) It is recommended that a county seal be placed on the

card to help prevent possible forgeries. (6) The Sheriff may also choose to laminate the card.

b. Quality Control Sheet (1) Included with each week’s packet mailed to the

Sheriff. (2) Will advise of the permit cards enclosed by listing the:

Name of permittee(s)

Permit number(s) Telephone number(s) (if one was entered in the

CHP record)

B. Emergency Temporary Permit 1. In limited conditions, if just cause is presented, a Sheriff can issue

an Emergency Temporary Permit if they feel that an emergency situation exists that may constitute a safety risk to the person, or

the person’s family, or the person’s property.

2. Emergency Temporary Permits are valid throughout NC for only 45 days.

3. An individual may only receive one Emergency Temporary Permit.


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4. The applicant would still submit a:

a. Notarized Application Form b. Application fee

NOTE: An applicant can request an Emergency Temporary

Permit and a Concealed Handgun Permit on same Application Form. Only one fee would be collected for this

dual process. However, both processes would be documented in the DCIN record.

c. 1 set of fingerprints (The Sheriff can charge the applicant a

fee, not to exceed $10.00, to cover the costs of processing the fingerprints.)

5. The applicant does not have to complete an approved firearms

safety course for an Emergency Temporary Permit. The applicant

must complete the approved firearms safety course within the 45 days to be eligible for the issuance of the regular permit.

6. The Sheriff could issue the Emergency Temporary Permit granting

immediate approval to carry a concealed handgun, while continuing to conduct a thorough background investigation.

7. Upon the entry of the application and the update of the record in

the DCI Network by the Sheriff’s Office (indicating the Emergency Temporary Permit is issued), DCIN will respond immediately with

an online Emergency Temporary Permit. a. This response must be printed, properly signed and carried

by the permittee, along with valid identification, whenever they are in possession of a concealed handgun.

b. It is recommended that a county seal be placed on this

Emergency Temporary Permit as well. c. NO Emergency Temporary Permit will be mailed to the

Sheriff’s Office. The DCIN response IS the Emergency Temporary Permit.

8. If the Sheriff decides to deny the Emergency Temporary Permit,

this indication must also be made in the DCIN record.

9. Print and maintain a copy of the Emergency Temporary Permit in the concealed handgun file.

10. If the Sheriff decides to revoke the Emergency Temporary Permit

after it has been issued, due to the results of the applicant’s


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fingerprint criminal history search or other Article violations that

may occur, he may do so.

11. If the denial or revocation is due to a state or federal firearms prohibition, the denial should be entered into NICS according to

procedures in the NICS training manual.

V. Renewal Permit Process

A. Renewing an ACTIVE Permit

NOTE: In order for an applicant to be allowed to follow this

RENEWAL process, the person must submit their renewal application within 90 days prior to the permit expiration.

If the application is received AFTER the existing

expiration date, the applicant must follow the process as a NEW applicant (see Section B).

1. Renewal Notification

a. At least 45 days prior to the expiration date of a permit, the Sheriff shall send a written notice to the permittee

explaining that the permit is about to expire and will include information about the requirements for renewal of the

permit. The notice shall be sent by first class mail to the last known address of the permittee. Failure to receive a

renewal notice shall not relieve a permittee of requirements for completing the renewal process.

b. The SBI provides to each Sheriff a list of individuals (names, permit numbers, addresses, date of issuance/expiration) in

their county whose permit will expire within the next 90-120

days. This printout is located in Omnixx Links, Concealed Handgun Permits, Renewals.

c. If permittee completes the renewal process within the 90 day period prior to the permit’s expiration date, and the

Sheriff does not renew or deny the renewal permit prior to the permit’s expiration date, the permit will remain valid

beyond the expiration date until the permittee receives a renewal permit or is denied a renewal permit by the Sheriff.

When the permit is inquired upon, the below caveat will be included on the response:

NOTE: Permit is VALID – extension granted beyond expiration

date for Sheriff to complete renewal process.


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d. Once the renewal application status has reached the 45th

day after expiration date and a decision has not been made to renew or deny the permit, an Automatic Notification

Reminder will be sent to the Sheriff’s Notification ORI each night until the Renewal Permit is either Issued or Denied.

e. If the permittee does not apply to renew the permit prior to its expiration date, but does apply to renew the permit

within 60 days after the permit expires, the Sheriff may waive the requirement for completing another firearms

safety and training course. However, if permit expires, applying within the 60 day period after expiration does not

reactivate the permit and the permit remains expired until the Sheriff renews the permit. This would be completed as

a New Applicant (see Section B).

2. Applicant’s Submission:

a. Application Form signed by applicant. b. Non-refundable fee.

(1) $75.00 for renewal application, unless applicant is a retired sworn law enforcement officer.

(2) $40.00 for new application for a retired sworn law enforcement officer as defined by N.C.G.S. § 14-

415.19. c. Original certificate of completion from an approved firearms

safety course if required by Sheriff; Sheriff may, at his discretion, waive the requirement for an applicant renewing

an ACTIVE permit. d. Physical and Mental Health Release Form; the form on file

from the previous application must be renewed if more than one year old.

e. Signed Renewal Affidavit indicating the applicant remains

qualified under the criteria provided in the law. A sample affidavit is included in the FORMS section of this manual.

3. Sheriff’s Processing

a. Two inquiries required: (1) Query the existing record in the CHP File utilizing the

Query (QCG) transaction and compare to the renewal application. Determine if any data needs to be

updated (WGT, HGT, Hair color, Other Physical Description, etc.).

(2) An inquiry utilizing the Query (QCG) transaction should be performed on the applicant’s CHP record

(with a “Y” in the Fingerprint Card Tracking field); this detailed response will include a 10 to 16 digit


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alphanumeric identifier in the upper right portion of

the response. This 10 to 16 digit identifier must be placed in the OCA field of the fingerprint cards (or

OCA field of the Live Scan submission). Supplying this number will assure the appropriate linkage is

made with this application. b. Submit fingerprints to the SBI for a criminal history search.

NOTE: As of July 1, 2006 no fingerprints shall be required for

applicants renewing valid permits if applicant’s fingerprints were submitted to the State Bureau of

Investigation after June 30, 2001, on the Automated Fingerprint Information System (AFIS) Live Scan device

as required by N.C.G.S. § 14-415.16.

c. Must conduct any necessary background checks to

determine if the applicant remains qualified for a Concealed Handgun Permit. Required record checks include:

(1) National Instant Criminal Background Check System (NICS) – includes state/national criminal history and

NICS Index inquiry (2) Wanted Person inquiries

(3) DMV inquiries (4) Administrative Office of the Courts (AOC) inquiries

d. If necessary must complete the Modify (MCG) transaction to change existing record (physical description, address, etc.).

e. Must update the permittee’s Concealed Handgun Permit record in DCIN utilizing the Enter/Add Status (ECGN)

transaction indicating an application for renewal has been received.

4. Issuance of the Permit a. If, after having conducted the necessary checks and/or

receiving the response from the SBI/FBI regarding the fingerprint search, the Sheriff decides to ISSUE the renewal

permit, he must update the permittee’s Concealed Handgun Permit record in DCIN by completing the Enter/Add Status

(ECGN) transaction indicating the renewal permit has been issued. This will notify DCIN to print a renewal card and it

will be shipped to the issuing Sheriff for distribution. b. The renewed permit will have an expiration date calculated

for 5 years from the expiration date of the previous permit. c. If permittee does not apply to renew the permit prior to the

expiration date of the current permit, the status will expire


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and will automatically be updated to an “EXPIRED” status in

the DCI Network.

5. Denial of the Permit a. If upon having conducted the necessary checks and/or

receiving the response from the SBI/FBI regarding the fingerprint search, the Sheriff decides to DENY the renewal

permit, he must: (1) Update the permittee’s Concealed Handgun Permit

record in DCIN indicating that the permit was denied. (2) Notify the permittee in writing of the reason for

denial. A sample “Denied Permit Letter” is included in the FORMS section of this manual.

b. An applicant may appeal the decision to a district court judge of the district in which the application was filed.

c. If the denial is based on a federal firearms prohibition, the

denial should be entered in NICS according to procedures in the NICS training manual.

B. “Renewing” an EXPIRED Permit

NOTE: If the application is received AFTER the existing permit

expiration date, the applicant must follow the process as a NEW applicant. One exception is deployed military to

be discussed later.

1. Applicant’s Submission: a. Notarized Application Form signed by applicant

(1) Because the applicant is treated as a NEW application the applicant may apply for both a “regular” permit

and an Emergency Temporary permit on the same

application. (2) The applicant may apply for and be issued an

Emergency Temporary permit even if they were issued an Emergency Temporary permit on their

previous application cycle. b. Non-refundable $80.00 fee unless a retired sworn law

enforcement officer then a $45.00 fee. c. One set of fingerprints administered by the Sheriff – The

Sheriff may charge the applicant a fee, not to exceed $10.00, to cover the cost of processing the fingerprints.

NOTE: If your agency has a Live Scan device, these

prints may be submitted electronically. This may significantly shorten the processing time


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needed for a fingerprint criminal history record

check.

d. If the permittee applies to renew his/her permit within 60 days after the permit expires, the Sheriff may waive the

requirement for completing another firearms safety and training course.

e. Physical and Mental Health Release Form; the form on file from the previous application must be renewed if more than

one year old.

2. Sheriff’s Processing a. Query the existing record in the CHP File utilizing the Query

(QCG) transaction and compare to the renewal application. Determine if any data needs to be updated (WGT, HGT, Hair

color, Other Physical Description, etc.).

b. An inquiry utilizing the Query (QCG) transaction should be performed on the applicant’s CHP record (with a “Y” in the

Fingerprint Card Tracking field); this detailed response will include a 10 to 16 digit alphanumeric identifier in the upper

right portion of the response. This 10 to 16 digit identifier must be placed in the OCA field of the fingerprint cards (or

OCA field of the Live Scan submission). Supplying this number will assure the appropriate linkage is made with this

application. c. The Sheriff’s Office will submit fingerprints to the SBI for a

criminal history search. d. The Sheriff’s Office shall conduct any necessary background

checks to determine if the applicant remains qualified for a Concealed Handgun Permit. Required record checks

include:

(1) National Instant Criminal Background Check System (NICS) – includes state/national criminal history and

NICS Index inquiry (2) Wanted Person inquiries

(3) DMV inquiries (4) Administrative Office of the Courts (AOC) inquiries

e. The permittee’s Concealed Handgun Permit record must be entered in DCIN utilizing the Enter (ECG) transaction

indicating a NEW application has been received. In the Enter (ECG) transaction, the operator will indicate the

permit number (PNO) of the expired permit so the correct CHP record can be updated. The complete mailing address

information must also be completed. This Enter (ECG)


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transaction may also be used to update the existing record

(physical descriptors) with current data.

3. Decision to Issue or Deny a. If, after having conducted the necessary checks and/or

receiving the response from the SBI/FBI regarding the fingerprint search, the Sheriff decides to ISSUE the permit,

he must update the permittee’s Concealed Handgun Permit record in DCIN utilizing the Enter/Add Status (ECGN)

transaction indicating the permit has been issued. (1) This immediately updates the status of the card to

“ISSUED” with an expiration date calculated for 5 years from date of this application cycle.

(2) This will notify DCIN to print a new permit card on the following Wednesday. The card is then mailed to the

issuing Sheriff for distribution.

b. If upon having conducted the necessary checks and/or receiving the response from the SBI/FBI regarding the

fingerprint search, the Sheriff decides to DENY the new permit, he must:

(1) Update the permittee’s Concealed Handgun Permit record in DCIN indicating that the permit was denied.

(2) Notify the permittee in writing of the reason for denial. A sample “Denied Permit Letter” is included in

the FORMS section of this manual. c. An applicant may appeal the decision to a district court

judge of the district in which the application was filed. d. If the denial is based on a state or federal firearms

prohibition, the denial should be entered in NICS according to procedures in the NICS training manual.

C. Permit Extensions & Renewals for Deployed Military Permittees 1. A deployed military permittee whose permit will expire during

deployment may apply to the Sheriff for an extension of the permit by providing the Sheriff with a copy of the permittee’s

proof of deployment. Upon receipt of the proof, the Sheriff shall extend the permit for a period to end 90 days after the

permittee’s deployment is scheduled to end.

2. A deployed military permittee whose permit is not extended and expires during deployment shall remain valid during the

deployment and for 90 days after the end of the deployment.

3. The permittee shall provide proof of the deployment to the Sheriff, and the Sheriff shall renew the permit upon receipt of the


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proof provided the permittee otherwise remains qualified to hold a

concealed carry permit.

4. The permittee may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed

provided the permittee also displays proof of deployment to any law enforcement officer.

5. Sheriff must modify the permittee’s Concealed Handgun Permit

record utilizing the Deployed End Date field on the Modify (MCG) transaction.

VI. Changes to Permits

A. Address Changes

1. Permittees must notify the Sheriff who issued their permit of any change in their permanent address within 30 days. Permittees

should complete a change of Address Form. A sample “Change of Address” Form has been included in the FORMS section of this

manual.

2. The Sheriff shall modify the person’s Concealed Handgun Permit record in DCIN.

3. An address change will not generate a new permit card being

issued. However, DCIN will immediately generate via an online terminal message an “Address Change Form” response. This

response must be printed, properly signed, and carried by the permittee along with the permit card and valid ID whenever they

are carrying a concealed handgun; until such time that a duplicate

or renewal card is issued.

4. If the permittee’s change of address involves moving to a new county, they MUST notify the county Sheriff that issued the permit

before the current residence county Sheriff will be allowed to issue a duplicate or renewal permit, when the time comes.

5. If the address change indicates the person moved to a new

county in NC, the Sheriff of the new county will be notified through an online terminal message of the change. The new

Sheriff will then become “custodian” of the DCIN record and authorized to take any future action necessary regarding the

person’s Concealed Handgun Permit.


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6. If the address change indicates the person moved out-of-state,

the new out-of-state address should be indicated in the mailing address fields. A note should be placed in the permittee’s

application file to indicate the permit holder no longer resides in NC. According to the NC Attorney General’s Office:

a. The permit remains active and valid until the expiration period even if permittee moves out-of-state. The permit

holder can use the permit when in NC, if not a resident, as long as the permit is still valid; and,

b. The permit holder MUST be a resident of NC to renew the permit.

7. DCIN will maintain the current and one previous address in the

permittee’s Concealed Handgun Permit history record.

B. Duplicate Permits

1. May be issued due to the loss or destruction of a current valid permit.

2. Permittee must provide Sheriff with notarized statement advising

of the loss or destruction. The NC Attorney General’s Office has developed a recommended “Notice of Loss or Destruction” Form.

The sample form is located in the FORMS section of this manual.

3. Must pay duplicate fee of $15.00 to the Sheriff.

4. The Sheriff would update the permittee’s DCIN Concealed Handgun Permit record indicating the request for the duplicate

card to be issued. The Application Form should also be updated indicating a duplicate request.

5. This update will cause DCIN to immediately respond with a temporary Duplicate Permit via an online response.

a. This response must be printed, properly signed, and utilized by the permittee as the duplicate permit until the official

replacement card is printed and mailed from the SBI during weekly processing.

b. It is recommended that a county seal be placed on this temporary duplicate permit as well.

6. Once the permanent duplicate card is received, the permittee

should be contacted to pick up the duplicate card and turn in their temporary duplicate.


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C. Protection Order Suspends Concealed Handgun Permit

1. A judge, as part of and for the duration of any Domestic Violence Order, may suspend a permittee’s Concealed Handgun Permit as

permitted under Chapter 50B of the General Statutes.

2. The order-holding agency must enter the Domestic Violence Order into NCIC using PCO Code 08 and the MIS field to indicate the

suspension information; and contact the custodian Sheriff’s Office to inform them of the court ordered suspension.

3. When the Sheriff is notified of the Domestic Violence Order,

indicating the Concealed Handgun Permit is being suspended, the Concealed Handgun Permit record in DCIN must be updated to

indicate the Date of Suspension.

4. The permittee should be notified in writing that the permit has

been suspended by the Court. A “Sample Notification of Suspension of Concealed Handgun Permit” is included in the

FORMS section of this manual.

5. It is the responsibility of the permittee to request proper reinstatement of the permit once the suspension period is over.

6. A hearing by the Sheriff is not necessary for court ordered

suspensions.

D. Protection Order Prohibits Possession/Purchase of a Firearm 1. When a Domestic Violence Order is received on a permittee, who

has been issued an order which prohibits the permittee from possession or purchase of a firearm, the order–holding agency

must enter the order into NCIC using PCO Code 07; and notify the

custodian Sheriff.

2. The custodian Sheriff will need to determine if revocation proceedings are warranted pursuant to N.C.G.S. § 14-415.18.

3. The custodian Sheriff should evaluate the order to determine if

the applicant is ineligible to possess, purchase or receive a firearm under state or federal law. An applicant is ineligible under federal

law 18 U.S.C § 922 (g)(8) when he/she: a. Is subject to a court order that restrains such person from

harassing, stalking, or threatening an intimate partner or child of such intimate partner or person, or from engaging in

other conduct that would place the intimate partner or child in reasonable fear of bodily injury.


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b. This shall only apply to a court order that was issued after a

hearing which applicant received actual notice, and had the opportunity to participate; and,

a) Includes a finding that applicant represents a credible threat to the physical safety of intimate

partner or child; or, b) By its terms explicitly prohibits the use,

attempted use, or threatened use of physical force against intimate partner or child that

would reasonably be expected to cause bodily injury.

4. If applicant is ineligible and has applied for a Concealed Handgun

Permit that has not yet been approved, the Sheriff should deny the permit and update the status of the Concealed Handgun

Permit to reflect the denial.

5. If the permittee is ineligible, then revocation proceedings should

be initiated. The Sheriff of the county where the permit was issued or the Sheriff of the county where the person resides shall

revoke the permit and update the status of the Concealed Handgun Permit to reflect the revocation.

E. Revocations

1. The Sheriff of the county where the permit was issued or the Sheriff of the county where the permittee resides may revoke a

permit for one of the below reasons, following a required hearing: a. Fraud or intentional and material misrepresentation in

obtaining the permit. b. Misuse of the 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 purpose.

c. The doing of an act or existence of condition which would have been grounds for denial of the permit by the Sheriff.

d. The violation of any terms of this Article.

2. The Sheriff of the county where the permit was issued or the Sheriff of the county where the person resides shall revoke a

permit for the below reason of any permittee, no prior hearing required:


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a. 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.

3. The Sheriff must provide written notice to the permittee, that the

permit is revoked upon the service of the notice. a. The notice shall provide the permittee with information on

the process to appeal the revocation. b. Upon receipt of the written notice of revocation, the

permittee shall surrender the permit to the Sheriff. c. Any law enforcement officer serving the notice is authorized

to take immediate possession of the permit from the permittee.

d. 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.

4. Notification of Violations a. Law enforcement agencies should notify the custodian

Sheriff when charging a permittee with a criminal offense. This notification should be made by utilizing the Notification

of Concealed Handgun Permittee Violation (NCGV) transaction.

b. The custodian Sheriff would notify the permittee by sending them a “Notice of Probable Cause and Hearing” Form,

located in the FORMS section of this manual.

5. Revocation Hearing a. Due process must be considered and the minimum of notice

and opportunity to be heard should be given to the

permittee. b. Someone other than the Sheriff should conduct the actual

hearing and submit the findings to the Sheriff for final decision.

c. Permittee should be given the opportunity to speak, or submit a notarized statement presenting their opinion if

unable to attend the hearing. d. After the hearing the Sheriff should provide his findings to

the permittee in writing by sending them a “Notice of Findings of Revocation Hearing” Form, located in the FORMS

section of this manual. If this notice indicates that the permit card will be revoked, the Sheriff must:

(1) Update the permittee’s Concealed Handgun Permit record in DCIN indicating the date of revocation.


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(2) Maintain all appropriate notices and papers in the

permittee’s folder. (3) Request the return of the permit card.

6. The permittee may appeal the revocation of a permit by

petitioning a district court judge of the district in which the permittee resides.

a. 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. b. Revocation of the permit is ‘not stayed’ pending appeal,

which means the permit is revoked during the appeal process.

VII. Sanctions and Appeals

A. Sanctions

1. A permittee shall be guilty of an Infraction when: a. Found to be carrying a concealed handgun without the

permit in their possession; or, b. Failing to disclose to any law enforcement officer upon

approach, that the person holds a valid permit and is carrying a concealed handgun.

2. Penalty for either is a fine of up to $100.00; in lieu of paying a

fine, the permittee may surrender the permit. If the permittee chooses to surrender the permit for the remainder of its cycle, the

Sheriff’s Office must update the permittee’s Concealed Handgun

Permit record in DCIN to indicate the Date of Surrender.

3. A person who violates the provisions of this Article, other than listed above, is guilty of a Class 2 misdemeanor.

4. A non-permittee that carries a concealed weapon in violation of

NC law (N.C.G.S. § 14-269 & 14-415.21) is guilty of a Class 2 Misdemeanor for the first offense. A second or subsequent

offense is punishable as a Class I Felony.

5. The purchase or attempt to purchase of a firearm by a person subject to a Domestic Violence Order or successive protective

order entered against that person which is in effect prohibiting the


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purchase of a firearm is guilty of a Class H Felony pursuant to

N.C.G.S. § 14-269.8.

6. The law enforcement agency charging the permittee with a violation of this Article should immediately notify the custodian

Sheriff by utilizing the Notification of Concealed Handgun Permittee Violation (NCGV) transaction.

B. Appeals

1. An applicant may appeal any decision of the Sheriff regarding their Concealed Handgun Permit by petitioning a district court

judge of the district in which the applicant resides.

2. The determination by the court, on appeal, shall be final.

3. If the findings of the court uphold an appeal and the permit is

reinstated, the Sheriff must update the permittee’s Concealed Handgun Permit record in DCIN indicating the reinstatement and

return the permit card to the permittee. A reinstated permit will be valid through its original expiration date.

4. If the findings of the court deny an appeal, the Concealed

Handgun Permit record in DCIN must be updated to indicate the appeal was denied.

VIII. Fees and Billing

A. Fees 1. All permit fees assessed under the Concealed Handgun Permit law

are payable to the Sheriff.

2. The Sheriff shall forward the proceeds from these fees to the

county finance officer to be remitted or credited in accordance with the law.

B. Billing

1. Upon billing from the NC Department of Justice, the county finance officer must remit the appropriate fees to the NC DOJ for

the costs of the state and federal criminal records checks and for the implementation of the Article. The fees are:

a. $45.00 for each new application b. $40.00 for each renewal application


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2. The remaining $35.00 shall be used by the Sheriff for his costs in

processing the permit or for other law enforcement purposes.

3. NC DOJ does not bill for duplicate permit cards. The $15.00 fee collected by the Sheriff shall be used for their costs in processing

the permit as allowed by this statute.

IX. Dissemination of Concealed Handgun Permit File Information

A. Law Enforcement Registry

1. This is a Confidential Concealed Handgun Permit Registry pursuant to N.C.G.S. § 14-415.17.

2. This Confidential Concealed Handgun Permit Information is

available to law enforcement and clerks of court only.

3. A document is provided on a monthly basis to each Sheriff’s

Office.

4. The document is located in Omnixx Force, Links, Concealed Handgun Permits, Confidential Concealed Handgun Permit

Information, select the appropriate alpha character, then select your county name.

5. The document will indicate all permittees’ names, permit types,

and dates of issuance for individuals that the county Sheriff has issued permits to that are still current and still reside within the

county.

6. Law enforcement and clerks of court may also contact the SBI to

obtain a Confidential Concealed Handgun Permit Registry for a specific county, multiple counties, or statewide.

X. Concealed Handgun Reciprocity

A. Scope 1. Effective December 1, 2011, a valid Concealed Handgun Permit or

license issued by any other state is valid in NC.

2. While NC will now recognize permits issued by any other state, permittees should understand other states MAY or MAY NOT

recognize a NC permit.


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B. Participating States

1. Every twelve months the Department of Justice shall make written inquiry to the authorities in each other state to determine whether

a NC resident may carry a concealed handgun in their state based on having a valid NC Concealed Handgun Permit.

2. The list of reciprocal states, along with contact information for

verifying out-of-state permits, can be found in the Links, Concealed Handgun Permits, Concealed Permit Reciprocity.

3. Identical information is also maintained on the NC Department of

Justice Website (www.ncdoj.gov).

XI. Transactions into the Concealed Handgun Permit file

A. Enter (ECG) – This transaction is used to establish the initial Concealed Handgun Permit application record in the DCIN file; it is also used to

enter the application of an individual whose permit has expired prior to application date.

1. Only begin entering the information after the completed and notarized Application Form (including all the required documents

and fees) has been received by the Sheriff. The Sheriff has 45 days from the date of acceptance to either issue or deny the

permit request. (One exception allows an Emergency Temporary Permit to be issued immediately).

2. An applicant can apply for an Emergency Temporary Permit and a

New Permit at the same time. If so, both permit types would be appropriately indicated on the Enter (ECG) transaction.

3. Entries should be made as soon as the above information is accepted. DO NOT wait until a decision is made whether to issue

or deny. If mental health records are being requested, the 45 days does not begin until all application documentation has been

received, to include mental health records.

4. Completeness and Accuracy a. Pack the record with all identifiers on the Application Form.

b. Review of entry is recommended and encouraged prior to transmission.

5. If entering an application on an individual whose previous permit

has EXPIRED:

http://www.ncdoj.gov/


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a. AGENCY ORI, NAME, PERMIT NO (expired permit number),

APPLICATION DATE, and APPLICATION TYPE are required. b. Other fields may be used to update existing data (physical

descriptors, address, etc.).

6. PNO - “permit number” is a unique number DCIN will assign to all accepted Enter (ECG) transactions. This number will be included

in the DCIN Acknowledgment message following the Enter (ECG) transaction.

a. The permit number structure changed in May 2011. It is no longer the permittee’s driver’s license number.

b. The new structure is NC followed by a sequential computer generated number not to exceed 12 characters.

For Example: NC263424 c. For permittees who already have a PNO (valid permits),

they were assigned a PNO with the new structure. When

running a Query (QCG) transaction, their old PNO will also be listed in the detailed record as a Historical Permit

Number. d. Historical Permit Numbers will only be housed in the record

until the Sheriff completes the Enter/Add Status (ECGN) transaction and enters a Renewal Application. The system

will then begin utilizing only the new PNO.

7. Agency must maintain all documentation in their files supporting this record.

8. Upon decision being made to issue or deny a requested permit,

the Sheriff’s Office must update the application record in DCIN by using an Enter/Add Status (ECGN) transaction.

B. Enter/Add Status (ECGN) – This transaction is used to update the permittee’s record on file.

1. Only the Sheriff who is “custodian” of the record can perform this transaction.

2. This update can be in reference to:

a. All Permit Type and Status changes (1) If the Permit Type and Status Date fields used indicate

that a NEW permit is being issued, the SBI will print the actual permit card and mail to the issuing Sheriff

for distribution. (2) If the Permit Type and Status Date fields indicated

that an Emergency Temporary Permit is being issued,


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DCIN will respond immediately with an online

Emergency Temporary Permit. (3) If Permit Type is Renew, you must indicate if safety

course has been waived. (4) Until the Enter/Add Status (ECGN) transaction is used,

all initial applications (ECG) will remain in “pending” status.

(5) If the Permit Type and Status Date fields indicate that Duplicate Permit is being issued, DCIN will

immediately respond with an online temporary Duplicate Permit.

b. Appeal decisions following a judge’s ruling overturning a Sheriff’s decision.

c. Other Physical Descriptions – up to nine additional descriptors may be entered.

3. Any information updated through this transaction will be added to the most current status record. “Other Physical Description” data

becomes part of the base application record on file.

C. Modify (MCG) – This transaction is used to change certain information, add certain information not originally entered through the Enter

Concealed Handgun Permit (ECG) transaction, or to delete non-mandatory information.

1. Only the Sheriff who is the “custodian” of the record can perform this transaction.

2. A Modify (MCG) transaction will replace the current data (or

blank) field with the new data indicated.

3. If the following fields are modified, the “base record’ will reflect

the changes; however, the replaced data will be appended to the history record and can be obtained when a query of the

permittee’s Concealed Handgun Permit detailed record is requested.

a. Name b. Street Address and associated City, State, ZIP

c. County of Residence

4. If modifying the Street Address and/or associated City, State, and ZIP - DCIN will respond with an immediate online “Address

Change Form”. All address fields, including the County of residence, are mandatory.


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5. If modifying the County Of Residence – DCIN will generate an

automatic notice to the new county Sheriff indicating he is now the “custodian” and his agency is responsible for future changes

to this record.

6. If modifying the Mailing Address all associated address fields to include, City, State, and ZIP are mandatory. The County of

residence field is not mandatory.

7. Utilize the Deployed End Date to extend the expiration date of an active permit or an expired permit for 90 days after deployment

ends for deployed military personnel.

8. Utilize the Deceased Date to modify the status to deceased. This should be the date found on the official death certificate. Utilizing

this field will automatically change the status to Expired and New

Permit Status Type: Deceased.

D. Cancel Status (XCGN) – This transaction must be used to cancel information that was entered through an Enter/Add Status (ECGN) or an

Other Physical Description code entered through an initial application Entry (ECG) transaction.

1. Only the Sheriff who is the “custodian” of the record can perform this transaction.

2. The transaction will only cancel the most current status record.

Once another update is made to the record indicating a more current date, all previous Enter/Add Status records cannot be

canceled.

3. If your cancellation is being made due to incorrect data being

originally entered, be sure to re-enter the correct data using the Enter/Add Status (ECGN) transaction.

E. Query (QCG) – This transaction is used to directly retrieve and view

the status of Concealed Handgun Permit records in the DCIN file, or to allow the Sheriff’s Office to verify the tracking of a particular concealed

handgun applicant’s fingerprint cards. (Some cross searches are in place that will provide Concealed Handgun Permit status information via

other file inquiries). 1. Any responses received are for law enforcement/criminal justice

use only. No public dissemination is allowed of these record responses.


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2. This transaction can be used to obtain an individual listing or a

county listing.

3. Individual Listing a. Inquiries by Permit Number will result in single hit if a

permit has been issued bearing that number. These responses will default to the applicant’s Concealed Handgun

Permit history, which is only allowed when inquiring by the assigned Permit Number. These history responses will show

the most current status of the Concealed Handgun Permit record and all updates to the permit type and status date

that have been entered. Queries can be run by either the: (1) Permit Number (PNO), or

(2) Historical Permit Number b. Inquiries by Permit Number and use of the Fingerprint

Tracking field will respond only with the tracking information

pertinent to that Permit Number. The tracking information, if recorded, would indicate such data as when the

applicant’s fingerprint cards were received and processed by the SBI, the date the fingerprint cards were sent to the FBI,

any rejections which may have occurred, the date the online fingerprint results response was sent to the Sheriff’s Office,

the date any future arrest card notice was sent to the Sheriff’s Office, and the date of the billing. Response also

includes the CHP OCA Tracking Number, which must be included on renewing applicant’s fingerprint submission.

c. Inquiries by DL/ID number or by various Name, DOB, and County combinations could result in multiple hits if more

than one person having the same name and/or numeric identifiers was issued a Concealed Handgun Permit.

4. County Listing a. Inquiries can also be made to review a countywide list of

permit status information. b. Inquiries by county, with an indicated start and end date,

can advise the Sheriff of all permits meeting the type and status selected. (One exception: if status selected is

“Pending”, the response will provide all pending permits for that county no matter what dates were used).

F. Notification of Concealed Handgun Permittee Violation (NCGV) –

This transaction is used by a law enforcement agency when they charge an individual, who has a Concealed Handgun Permit, with a possible

violation of the Concealed Handgun Permit Article or other law violation


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that may affect the individual’s right to retain their Concealed Handgun

Permit. 1. Charging agency should fill out the transaction completely and

transmit to the Sheriff’s Office (“Custodian Sheriff”) for that concealed handgun record, as soon as possible, following the

arrest/citation.

2. Copies of the investigative reports, citations, etc. should be made available to the Sheriff’s Office (“Custodian Sheriff”) if requested.

3. The Sheriff for that Concealed Handgun Permit should review the

violation and proceedings to determine if a revocation of the Concealed Handgun Permit is warranted.

NOTE: Copies of all transactions should be maintained in the related

file for future reference.

G. Query Nlets Concealed Weapons Permit (CWQ) – This transaction

is used to directly retrieve and view the status of concealed handgun permit records from other states.

1. This transaction can be used to obtain a permit record from certain participating states.

2. Current states would include those that have signed a reciprocity

agreement. A list of reciprocal states can be found in Links, Concealed Handgun Permits, Concealed Permit Reciprocity.

3. May inquire by:

a. Name & DOB b. Permit Number

c. Social Security Number

4. Any responses received are for law enforcement/criminal justice

use only. No public dissemination is allowed of these record responses.

XII. Cross Searches An automatic cross search of the Concealed Handgun Permit File will be

generated whenever one of the following transactions is performed:

A. Entries into the Concealed Handgun Permit File

B. Entries into the Protection Orders File


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C. Queries of the NC DMV Drivers File (resulting in a single hit)

D. Queries of the SBI/FBI Criminal History Files

E. Queries of the National Instant Criminal Background Check System

(NICS)

F. Queries of the Wanted Person File

XIII. Selection of the Default Notification ORI

A. The SBI has defaulted all notifications (fingerprint card responses,

violation notifications, etc.) to the main ORI for each respective Sheriff’s Office, unless the respective Sheriff’s Office has made changes.

B. If a Sheriff wishes for these notifications to be directed to another ORI instead of the main ORI, the Add/Update/Query for Concealed Handgun

Permit Notification (ACG) transaction can be used to change the default ORI.

C. This Add/Update/Query for Concealed Handgun Permit Notification

(ACG) transaction can also be used to determine the current default ORI set by the SBI if unknown.


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Module 4

Weapons Permits

Forms & Examples of Online

Notices Section


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Disqualifying Offense Chart

Federal Prohibitions

Purchase

Permit

Concealed Handgun

Permit 1. Convicted of a Crime Punishable by Imprisonment for a Term Exceeding 1 year

Note: A person would not be ineligible under this criteria if the person has been pardoned for the crime or conviction, the crime or conviction has been expunged or set aside, or the person has had their civil rights restored, and under the law where the conviction occurred, the person is not prohibited from receiving or possessing any firearm.

Prohibitor Prohibitor

2. Fugitive from Justice Prohibitor Prohibitor

3. Unlawful Users of/or Addicted to Any Controlled Substance Prohibitor Prohibitor

4. Adjudicated as Mental Defectives or Have Been Committed to a Mental Institution Prohibitor Prohibitor

5. Are Aliens and Are Illegally or Unlawfully in the United States Prohibitor Prohibitor

6. Dishonorable Discharge (DC) or Dismissal from the Armed Forces Prohibitor Prohibitor

7. Renounced Their Citizenship Prohibitor Prohibitor

8. Subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or from engaging in other conduct that would place the partner or child in reasonable fear of bodily injury


9. Convicted in any court of a Misdemeanor Crime of Domestic Violence Prohibitor Prohibitor

10. Under Indictment or Information for a Crime Punishable by Imprisonment for a Term Exceeding One Year


State Prohibitions

Purchase

Permit

Concealed Handgun

Permit 1. Applicant is ineligible to own, possess, or receive firearm under State or Federal

Law Prohibitor Prohibitor

2. Adjudicated as Mental Defectives or Been Involuntary Committed to a Mental Institution


3. Adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.

N/A Prohibitor

4. Sheriff NOT satisfied as to Good Moral Character of applicant Prohibitor N/A

5. Sheriff NOT satisfied that applicant desires weapon for 1) protection of the home, business, person, family or property, 2) target shooting, 3) collecting, or 4) hunting.

Prohibitor N/A

6. Dishonorable Discharge (DC) or Dismissal from the Armed Forces Prohibitor Prohibitor

7. Discharged with an Under Other than Honorable Conditions Discharge (UOTHC), Bad Conduct Discharge (BCD) from armed forces

N/A Prohibitor

8. Convicted of a Felony If the applicant has been pardoned, depending on the type of pardon, they may or may not be disqualified. You may contact the Law Enforcement Liaison Section of the N.C. Department of Justice at (919) 716-6725 for further guidance.


9. Convicted of an Impaired Driving Offense Under N.C.G.S.20-138.1, 20-138.2 or 20-138.3 Within 3 Years Prior to the Date of Application submission

N/A Prohibitor

10. Has Been Adjudicated Guilty or Received Prayer for Judgment Continued or Suspended Sentence for a “Crime of Violence Constituting a Misdemeanor”

N/A Prohibitor

11. Has Been Adjudicated Guilty or Received Prayer for Judgment Continued or Suspended Sentence for a Violation of an Offense Under Article 8 of Chapter 14 of the General Statutes (This Encompasses Most Assault Offenses). - Assaults on Handicapped Persons (14-32.1) - Misdemeanor Assaults, Batteries and Affrays (14-33)

N/A Prohibitor


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State Prohibitions

Purchase

Permit

Concealed Handgun

Permit 12. Has Been Adjudicated Guilty or Received Prayer for Judgment Continued or

Suspended Sentence for a Violation of any of the following statutes: - Harassment of and communication with jurors (14-225.2) - Violating order of court (14-226.1) - Furnishing poison, controlled substances, deadly weapons, cartridges,

ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities (14-258.1)

- Carrying weapons on campus or other education property (14-269.2) - Carrying weapons into assemblies and establishments where alcoholic

beverages are sold and/or consumed (14-269.3) - Carrying weapons on state property and courthouses (14-269.4) - Possession and sale of spring-loaded projectile knives (14-269.6) - Impersonation of a fireman, emergency medical services or personnel, law

enforcement, or other public officers (14-276.1 and 14-277) - Communicating threats (14-277.1) - Carrying weapons at parades and other public gatherings (14-277.2) - Stalking (14-277.3) - Throwing or dropping of objects at sporting events (14-281.1) - Exploding dynamite cartridges and bombs (14-283) - Riot and inciting to riot (14-288.2) - Fighting or conduct creating a threat of imminent fighting or other violence

[14-288.4(a)(1)] - Making or using any utterance, gesture, display or abusive language which

is intended and plainly likely to provoke violence retaliation and thereby create a breach of peace [14-288.4(a)(2)]

- Looting and trespassing during emergency (14-288.6) - Assault on emergency personnel (14-288.9) - Violations of city State of Emergency Ordinances (14-288.12) - Violations of county State of Emergency Ordinances (14-288.13) - Violations of State of Emergency Ordinances (14-288.14) - Child abuse (14-318.2) - Violations of the standards for carrying a concealed weapon (14-415.21(b)) - Misrepresentation on certification of qualified retired law enforcement officers

(14-415.26)

N/A Prohibitor

13. Has had an entry of prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit

N/A Prohibitor

14. 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

N/A Prohibitor

15. Fugitive from justice Prohibitor Prohibitor

16. 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

Prohibitor

Prohibitor

17. Active Probation (supervised or unsupervised) for any level of offense. (15A-1343(b)(5))

Prohibitor

Prohibitor

Revised: February 23, 2014

- Assaulting by Pointing Gun (14-34)


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STATE OF NORTH CAROLINA APPLICATION FOR

CONCEALED HANDGUN PERMIT

NEW PERMIT RENEWAL PERMIT

DUPLICATE EMERGENCY TEMPORARY PERMIT

G. S. 14-415.10 et seq.

Name of Applicant (Last, First, Middle, Maiden) Attach listing of all previous

addresses and all name changes including location and court file number (If Applicable)

Street Address

Date of Birth

Social Security Number (See Notification on page 3)

City State Zip Code

Driver’s License Number (State ID Number if no driver’s license)

State

Mailing Address

Military Status Active Reserve

Discharged Retired N/A

Race

Sex

Hair

Telephone Number

County of Residence

Eyes

Height

Weight

Other Physical Description

APPLICATION

I, the undersigned applicant, being duly sworn, hereby make application f or a North Carolina Concealed Handgun Permit

and state that the following information is correct to the best of my knowledge. (Check Appropriate Boxes)

1. Are you a citizen of the United States? (1) Yes No

2. Are you 21 years of age or older? (2) Yes No

3. Have you been a resident of North Carolina for 30 days or longer immediately preceding the date of this application? (3) Yes No

4. Do you suffer from a physical or mental infirmity that prevents the safe handling of a handgun? (4) Yes No

5. Have you successfully completed an approved firearms safety and training course which involved the actual firing of handguns and instruction in the laws of North Carolina governing the carrying of a concealed handgun and the

use of deadly force? If Yes, attach documentation (5) Yes No*

* If No: Do you meet the retired law enforcement officer exception in N.C.G.S. § 14-415.12(A)? * Yes No If Yes, attach documentation

6. Are you ineligible to own, possess, or receive a firearm under the provisions of state or federal law? (6) Yes No

7. Are you under indictment or has a finding of probable cause been entered against you for a pending felony charge? (7) Yes No

8. Have you been adjudicated guilty in any court of a felony? (8) Yes* No

* If Yes: Have your firearm rights been restored pursuant to N.C.G.S. § 14-415.4? * Yes No If Yes, attach documentation 9. Are you a fugitive from justice? (9) Yes No

10. Are you an 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? (10) Yes No

11. Are you currently or have you been previously adjudicated or administratively determined to be lacking mental capacity or mentally ill? (11) Yes No

12. Have you been discharged from the U.S. Armed Forces under conditions other than honorable? (12) Yes No

13. Have you been adjudicated guilty of, or received a prayer for judgment continued for, or received a suspended sentence for, one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of the disqualifying

criminal offenses listed page 3 of this form? See “List of Disqualifying Criminal Offenses” on page 3 (13) Yes No

14. Have you had an entry of prayer for judgment continued for a criminal offense which would disqualify you from obtaining a handgun permit? (14) Yes No

15. Are you free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify you from obtaining a concealed handgun permit? (15) Yes No


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I hereby apply for temporary emergency permit for a nonrenewable period of up to 45 days based upon the information set forth below. I reasonably believe than an emergency situation exists which may constitute a risk of safety to me, my family, or my property.

State Grounds for Temporary Emergency Permit (Use attachment if necessary)

SWORN TO AND SUBSCRIBED TO BEFORE ME Date

Date Signature of Person Authorized to Administer Oaths Signature of Applicant

Title CAUTION

Federal law and State law on the possession of handguns and

firearms may differ. If you are prohibited by federal law from

possessing a handgun or a firearm, you may be prosecuted in

federal court. A State permit is not a defense to a federal

prosecution.

Date Commission Expires

SEAL

SHERIFF USE ONLY

Check List — check applicable boxes

1. Nonrefundable permit fee paid ..................................................................

2. One full set of fingerprints administered by the Sheriff’s Office ................

3. Original certificate of completion

of approved firearms safety & training course ...........................................

4. Renewal –Waiver of Application Firearm Safety & Training Course .........

5. Attachment(s) (specify): _____________________________________

6. Temporary documentation ........................................................................

7. Other: ___________________________________________________

8. Date issued Temporary Permit: _______________________

9. Date denied Temporary Permit: _______________________

10. Date issued Permit: ________________________________

Permit Number: ___________________________________

11. Date denied Permit: ________________________________

12. Date submitted to SBI: _____________________________

13. NICS Transaction Number (NTN):

14.

________________________________________________

Signature of Sheriff: _____________________________________________________________________

Original – Sheriff / Copy – SBI / Copy – Applicant

SBI CHPA, Rev 04/12 Page 2

16. Have you been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three years prior to the date of this application? (16) Yes No



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LIST OF DISQUALIFYING CRIMINAL OFFENSES

1. Harassment of and communication with jurors .............................................................................................................. N.C.G.S. § 14-225.2

2. Violation of court orders ................................................................................................................................................. N.C.G.S. § 14-226.1

3. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition, or alcoholic

beverages to inmates of charitable, mental or penal institutions, or local confinement facilities .................................... N.C.G.S. § 14-258.1

4. Carrying weapons on campus or other educational property .......................................................................................... N.C.G.S. § 14-269.2

5. Carrying weapons into assemblies and establishments where alcoholic beverages are sold

and/or consumed ............................................................................................................................................................. N.C.G.S. § 14-269.3

6. Carry weapons on state property and courthouses .......................................................................................................... N.C.G.S. § 14-269.4

7. Possession and/or sale of spring-loaded projectile knives .............................................................................................. N.C.G.S. § 14-269.6

8. Impersonation of a fireman or emergency medical services personnel ........................................................................... N.C.G.S. § 14-276.1

9. Impersonation of a law enforcement officer or other public officer .................................................................................. N.C.G.S. § 14-277

10. Communicating threats ................................................................................................................................................... N.C.G.S. § 14-277.1

11. Carry weapons at parades and other public gatherings ................................................................................................... N.C.G.S. § 14-277.2

12. Stalking ........................................................................................................................................................................... N.C.G.S. § 14-277.3

13. Stalking ........................................................................................................................................................................ N.C.G.S. § 14-277.3A

14. Throwing or dropping objects at sporting events ............................................................................................................ N.C.G.S. § 14-281.1

15. Exploding dynamite cartridges and/or bombs ................................................................................................................... N.C.G.S. § 14-283

16. Rioting and inciting a riot ............................................................................................................................................... N.C.G.S. § 14-288.2

17. Fighting or conduct creating the threat of imminent fighting or other violence .................................................... N.C.G.S. § 14-288.4(a)(1)

18. Making or using any utterance, gesture, display, or abusive language which is intended

and plainly likely to provoke violent retaliation, and thereby create a breach of peace ......................................... N.C.G.S. § 14-288.4(a)(2)

19. Looting and trespassing during an emergency ................................................................................................................ N.C.G.S. § 14-288.6

20. Assault on emergency personnel .................................................................................................................................... N.C.G.S. § 14-288.9

21. Violations of city state of emergency ordinances ......................................................................................................... N.C.G.S. § 14-288.12

22. Violations of county state of emergency ordinances .................................................................................................... N.C.G.S. § 14-288.13

23. Violations of state of emergency ordinances ................................................................................................................ N.C.G.S. § 14-288.14

24. Child abuse ..................................................................................................................................................................... N.C.G.S. § 14-318.2

25. Violations of the standards for carrying a concealed weapon .................................................................................. N.C.G.S. § 14-415.21(b)

26. Misrepresentation on certification of qualified retired law enforcement officers .................................................... N.C.G.S. § 14-415.26(d)

27. Any crime found in Chapter 14, Article 8 of the North Carolina General Statutes.

SOCIAL SECURITY NUMBER: The disclosure of your social security number as a part of this concealed handgun permit application is

voluntary. The purpose of requesting the social security number is to assist in your identification and to help distinguish you from other

persons with similar names. No concealed handgun permit will be denied for failure to disclose a social security number.



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Concealed Handgun Chart – Prohibited Carry Areas

Prohibited Carry Area

Individuals Authorized Pursuant to GS 14-269(b)

Out-of-State Officer HR 218

Concealed Carry

Handgun Permittee

GS 14-415.10

Out-of-State Reciprocal Concealed

Carry Handgun

Educational Property YES

YES – If Secured in Vehicle Unless Private Educational Property is

Posted.

YES – If Secured in

Vehicle Unless Private

Educational Property is

Posted.


Vehicle Unless Private

Educational Property is

Posted.

Where Alcoholic Beverages are sold and consumed YES YES – Unless Posted

YES – Unless Posted


Certain State Property & Courthouses (This does not address Legislative office properties.) YES

YES – If Secured in Vehicle


Vehicle


Vehicle

Parades or Funeral Processions YES YES – Unless Posted



Picket lines, Private Health Care Facilities YES NO NO NO

Posted Property see note below NO NO NO

Law Enforcement or Correctional Facility YES NO NO NO

Federal Property NO NO NO NO

While consuming alcohol or while alcohol or controlled substance is in the blood NO NO NO NO

Assembly where admission is charged YES YES – Unless Posted



State owned rest area YES YES YES YES

Posted local government recreational facilities YES NO NO NO

A "YES" in the block indicates the person in that category can carry in the establishment listed.

A "NO" in the block indicates the person in that category cannot carry in the establishment listed.

NOTE: While carrying in this area may not be in violation of our concealed carry statutes, it may

constitute a trespass violation in certain circumstances.

Effective 8/1/2013


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Individuals Authorized Pursuant to G.S. 14-269(b)

1. Officers and enlisted personnel of the armed forces of the United States when in the discharge of

their official duties as such and when acting under orders requiring them to carry arms and weapons;

2. Civil and law enforcement officers of the United States;

3. Officers and soldiers of the Militia and the National Guard when called to actual service;

4. Officers of the State, or of any county, city, or town, charged with the execution of the laws of the

State, when acting in the discharge of their official duties;

5. Any person who is a district attorney, an assistant district attorney, or an investigator employed by

the office of a district attorney and who has a concealed handgun permit issued in accordance with

Article 54B of this Chapter or considered valid under G.S. 14-415.24; provided that the person

shall not carry a concealed weapon at any time while in a courtroom or while consuming alcohol

or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains

in the person’s body. The district attorney, assistant district attorney, or investigator must secure

the weapon in a locked compartment when it is not carried on their person;

6. Any person who is a qualified retired law enforcement officer as defined in G.S. § 14 - 415.10

and meets any one of the following conditions:

a. Is the holder of a concealed handgun permit in accordance with article 54B of Chapter

14.

b. Is exempt from obtaining a permit pursuant to G.S. § 14-415.25.

c. Is certified by the North Carolina Criminal Justice Education Training Standards

Commission pursuant to G.S. § 14-415.26.

7. Detention personnel or correctional officers employed by the State or a unit of Local government

who park a vehicle in a space that is authorized for their use in the course of their duties may

transport a firearm to the parking space and store that firearm in the vehicle parked in the parking

space, provided that: (i) the firearm is in a closed compartment or container within the locked

vehicle; or (ii) the firearm is in a locked container securely affixed to the vehicle;

8. State probation or parole certified officers, when off-duty, provided that an officer does not carry a

concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol

or an unlawful controlled substance remains in the officer’s body;

9. Sworn law enforcement officers, when off duty, provided that an officer does not carry a concealed

weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an

unlawful controlled substance remains in the officer’s body;

10. Any person who is a North Carolina district court judge, North Carolina Superior Court Judge, or

North Carolina magistrate who has a concealed handgun permit, provided that the person cannot

carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance

or while alcohol or an unlawful controlled substance remains in the person’s body. The judge or

magistrate shall secure the weapon in a locked compartment when the weapon is not on their

person;

11. Any person who is serving as a clerk of court or register of deeds with a valid concealed handgun

permit, provided that the person cannot carry a concealed weapon at any time while consuming

alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance

remains in their body. The clerk of court or register of deeds must secure the weapon in a locked

compartment when the weapon is not on their person. This allowance does not apply to assistants,

deputies or other employees of the clerk or register of deeds.

12. Any individual with a valid concealed handgun permit (under either North Carolina Law or the law

of issuance) provided the weapon is a handgun, is in a closed compartment or container within the

person’s locked vehicle, and the vehicle is in a parking area that is owned or leased by state

government.


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THE DO'S AND DON'TS OF CARRYING A CONCEALED HANDGUN

1. Your permit to carry a concealed handgun must be carried along with valid identification

whenever the handgun is being carried concealed.

2. When approached or addressed by any officer, you must disclose the fact that you have a valid

concealed handgun permit and inform the officer that you are in possession of a concealed

handgun. You should not attempt to draw or display either your weapon or your permit to the

officer unless and until he/she directs you to do so. Your hands are to be kept in plain view and

you are not to make any sudden movements.

3. At the request of any law enforcement officer, you must display both the permit and valid

identification.

4. You may not, with or without a permit, carry a concealed weapon while consuming alcohol or

while alcohol or any substance, controlled or otherwise, is in your blood unless the substance

was obtained legally and taken in therapeutically appropriate amounts.

5. You must notify the Sheriff who issued the permit of any address change within thirty (30)

days of the change of address.

6. If a permit is lost or destroyed, you must notify the sheriff who issued the permit and you may

receive a duplicate permit by submitting a notarized statement to that effect along with the

required fee. Do not carry a handgun without it.

7. Even with a permit, you may not carry a concealed handgun in the following areas:

a) Any law enforcement or correctional facility;

b) Any space occupied by state or federal employees;

c) Any premises where the carrying of a concealed handgun is prohibited by the posting of

a statement by the controller of the premises;

d) Public educational property, however a permittee may secure a handgun in a locked

vehicle;

e) Areas of assemblies or demonstrations;

f) State occupied property;

g) Any state or federal courthouse;

h) Any area prohibited by federal law;

i) Any local government building if the local government had adopted an ordinance and

posted signs prohibiting the carrying of concealed weapons.

8. If you are in a vehicle and stopped by a law enforcement officer, you should put both hands on

the steering wheel, announce you are in possession of a concealed handgun and state where you

have it concealed, and that you are in possession of a permit. Do not remove your hands from

the wheel until instructed to do so by the officer.

I, ________________________, have read and understand the Do’s and Don’ts of carrying a

concealed handgun, and the Disqualifying Criminal Offenses pursuant to N.C. General

Statute § 14-415.12 (b)(8).

Signature______________________________________, Date___________________

Witness: ______________________________________, Date____________________


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STATE OF NORTH CAROLINA

_____________________ County

RELEASE OF PHYSICAL AND MENTAL HEALTH, SUBSTANCE

ABUSE AND CONFIDENTIAL COURT RECORDS FOR

CONCEALED HANDGUN PERMIT

Name And Address Of Applicant Date of Birth

Social Security No.

State Drivers License No. (State Identification No. If No

Drivers License)

State

I hereby authorize and require any and all doctors, hospitals or other providers who have ever provided physical or mental health or substance abuse treatment or care to me, including without limitation the providers, named below, to release to the sheriff of the above named county any and all records concerning my physical capacity, mental health, mental capacity or substance abuse that the sheriff may reasonably request in connection with my application for a concealed handgun permit. The purpose of the release is to enable the sheriff to determine my qualification and competence to handle a handgun. I understand that alcohol and substance abuse information is protected by federal regulations and that other confidential records such as psychiatric information may be protected by North Carolina statute. Accordingly, I specifically authorize the release of any and all alcohol, substance abuse and psychiatric information that may be documented in my records. I understand that further disclosure or redisclosure by the sheriff of any information disclosed to the sheriff pursuant to this Release is prohibited without my further written consent unless otherwise provided for by state or federal law. In understand that I may revoke this authorization at any time except to the extent that action has already been taken in reliance on this Release. Even without my express revocation, this Release will expire upon the satisfaction of the request or one year from the date below, whichever occurs first.

Name Of Provider Address Of Provider

I also request and authorize any and all clerks of superior court of North Carolina to inform the sheriff of this County whether or not the clerk’s records contain the record of any involuntary commitment proceeding under Article 5 of Chapter 122C of the General Statutes in which I have been named as a respondent and, if so, to reveal to the sheriff any confidential information in the court files or records of each such proceeding that the sheriff may reasonably require in order to determine whether or not to issue a concealed handgun permit to me. This Release may be treated as a motion in the cause within the meaning of G.S. 122C-54(d) and a clerk may reveal information to the sheriff pursuant to any specific or standing order entered in response to or anticipation of this motion. Any expenses relating to the search, production, copying and certification of a medical or court record pursuant to this Release shall be my responsibility. I authorize the sheriff to photocopy this Release after I sign it, and I authorize any provider to whom a photocopy of this Release is presented to rely on the photocopy as being as effective as the original.

SWORN AND SUBSCRIBED TO BEFORE ME Date

Date

Signature Of Person Authorized To Administer

Oaths

Signature of Applicant

Title

SEAL

Date Commission Expires

AOC-SP-914M New 12/95


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Front Side of Permit Card

Back Side of Permit Card


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CONCEALED HANDGUN PERMIT CHANGE OF ADDRESS FORM

Permittee’s Name: ____________________________________________________

Last First Middle

Permit Number: _______________________________

Today’s Date: _______________________________

Effective Date: _______________________________

Address as Currently Displayed on Permit:

_____________________________________________________________

Apt. # Street # Street Name

_____________________________________________________________ County City State ZIP

New or Changed Information:

_____________________________________________________________ Apt. # Street # Street Name

_____________________________________________________________

County City State ZIP

Permittee Name Changed to:

________________________________________________ Last First Middle

Reason Name Changed*: ❏ Separation/Divorce ❏ Legal Name Change

❏ Other_______________________________

_______________________________ * Attach any supporting documentation (i.e. court documents) to this form and retain in your files.

Sheriff’s Office Use:

Form received by ____________________ Date Received___________ Once necessary verification has been done, a MODIFY (MCG) should be done to

show the changes indicated above.


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NOTICE OF DENIAL OF APPLICATION FOR

ISSUE/RENEWAL OF A CONCEALED HANDGUN PERMIT

DATE: ______________________

Applicant’s Name: _________________________

Address: __________________________________

__________________________________

Dear ____________________________:

This letter is to advise you that your application for issue/renewal of a

concealed handgun permit has been denied.

It is found that your actions of _____________________________________________________________

_____________________________________________________________ _____________________________________________________________

_____________________________________________________________ constitutes a violation of the provisions set forth in the North Carolina General

Statutes for the provisions set forth in the North Carolina General Statutes for the possession of a concealed handgun permit. Therefore, your application for a permit

to carry a concealed handgun is denied.

You may appeal this denial by petitioning a district court judge of the district in which you reside.

________________________________ (Signature)

Sheriff of ___________________ County


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NOTARIZED STATEMENT OF LOSS OR DESTRUCTION OF PERMIT

I, _____________________________, Permit # ________________, do hereby state that the permit to carry a concealed handgun issued to me by

________________________ Sheriff’s Office has been lost or destroyed. I am requesting that, upon my payment of the required fee, a duplicate permit be issued

to me.

______________________________ ____________________________

Date Signature of Permittee

STATE OF NORTH CAROLINA

COUNTY OF __________________

Sworn and subscribed before me, this the ______ day of _____________, ______.

________________________________ Notary Public

My commission expires __________________.


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SAMPLE RENEWAL NOTIFICATION LETTER

To: ____________________

____________________

____________________

RE: Notice of Concealed Handgun Permit Renewal

Dear _______________:

A review of my records indicates that your concealed handgun permit issued on ________________ (date) is scheduled to expire on ________________ (date).

North Carolina law provides that if the holder of a concealed handgun permit

wishes to renew the permit, the holder must apply for renewal at least thirty (30)

days prior to its expiration date. Because some of the processing procedures of the application are beyond our control (such as criminal history checks through the

Federal Bureau of Investigation), we are requesting your cooperation in getting your application turned in as soon as possible so that the renewal of your

application is not unnecessarily delayed. In order to facilitate the processing of your renewal application, we encourage you to complete and submit the required

information listed below between sixty (60) and ninety (90) days prior to the expiration of your concealed handgun permit. The required forms identified below

can be obtained from our office:

1. The concealed handgun Renewal Form; and 2. An affidavit stating that you remain qualified under the criteria of

the concealed handgun law; and 3. A new fingerprint card; and

4. A renewal fee of $75.00 ($40 for qualified former law enforcement

officers); and 5. A current Mental Health Release Form.

The requirement to take another firearms safety class prior to renewal of

permit is solely within the discretion of the Sheriff. However, failure to renew your permit by the expiration date will result in your permit expiring. Any future permits

will be treated as a new application, which will require applicant to take the firearms safety class again.

This renewal reminder is being provided as a courtesy from your Sheriff’s

Office. Please do not hesitate to contact this office if we can answer any questions you may have.

(Sheriff) __________________________


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EXEMPTION FROM FIREARMS COURSE

____________________________ County Sheriff’s Office

IN THE MATTER OF CONCEALED HANDGUNS: Permit # ______________________

I hereby certify that I am exempt from the firearms safety and training course

required to obtain a concealed handgun permit. Specifically, I certify that I am exempt under the category marked below.

❏ I am applying for an Emergency Temporary Permit.

❏ I am retired from service as a law enforcement officer with a local, state, or

company police agency in North Carolina, other than for reasons of mental disability, and have been retired as a sworn law enforcement officer two years

or less from the date of the permit application, and have a non-forfeitable right to benefits under the retirement plan to the local, state, or company

police agency as a law enforcement officer or have 20 or more years aggregate years of law enforcement service and have retired from a company police agency that does not have a retirement plan. My effective date of

retirement was ____________.

❏ I am a current law enforcement officer employed by a local, state, or company

police agency in North Carolina who: a. Is authorized by the agency to carry a handgun in the course of duty; b. Is not the subject of a disciplinary action by the agency that prevents

the carrying of a handgun; and c. Meet the requirements established by the agency regarding handguns.

❏ I am a qualified retired probation or parole officer.

❏ I am an armed security guard with a current Firearms Registration Permit

issued by Private Protective Services.

__________________________________________ ________________

Applicant’s Name & Signature Date

__________________________________________ ________________ Agency Representative’s Name & Signature Date

NOTE: Federal law enforcement officers, military, or out-of-state law enforcement officers are NOT exempt from firearms training.


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STATE OF NORTH CAROLINA |

| COUNTY OF __________________ |

Residence | | AFFIDAVIT

IN THE MATTER OF THE | CONCEALED HANDGUN PERMIT |

RENEWAL OF: |

____________________________________ __________________ (NAME) (PERMIT NUMBER)

I currently hold a concealed handgun permit with __________________

County originally issued on ________________________ (date). Pursuant to NCGS 14-415.16, I am hereby making timely application for the

renewal of this permit. I hereby affirm that I remain qualified to possess this

permit pursuant to the criteria set forth in Article 54B of Chapter 14 of the North Carolina General Statutes.

Specifically, I affirm that:

1. I have successfully completed an approved firearms safety and training course which involved the actual firing of handguns and instruction in

the laws of North Carolina governing the carrying of a concealed handgun and the use of deadly force or am otherwise exempted from

this course.

2. I am eligible to own, possess, or receive a firearm under the provisions of state and federal law.

3. I am not under indictment nor has any finding of probable cause been

entered for a pending felony charge.

4. I have not been adjudicated guilty in any court of a felony.

5. I am not a fugitive from justice.

6. I am not an 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.

7. I am not currently, and have not previously been adjudicated or

administratively determined to be lacking mental capacity or mentally ill.


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8. I have not been discharged from the US armed forces under

dishonorable conditions.

9. I have not been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence

constituting a misdemeanor, including but not limited to, a violation of the disqualifying criminal offenses listed on attachment (1) to this form.

10. I have not had an entry of a prayer for judgment continued for a

criminal offense which could disqualify me from obtaining a concealed handgun permit.

11. I am not free on bond or personal recognizance pending trial, appeal, or

sentencing for a crime, which would disqualify me from obtaining a concealed handgun permit.

12. I have not been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2 or 20-138.3 within three years prior to the date of this

affidavit.

13. I am 21 years of age or older.

14. I am a citizen of the United States.

15. I am a current resident of North Carolina and have lived here 30 days or longer prior to this renewal application.

16. I do not have a physical or mental infirmity that prevents the safe

handling of a handgun.

17. I have not violated any of the standards for carrying a concealed

handgun with this permit as set forth in Article 54B of Chapter 14 of the North Carolina General Statutes.


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Attachment 1 to the Renewal Affidavit for Concealed Handgun Permit

DISQUALIFYING CRIMINAL OFFENSES PURSUANT TO N.C.G.S. § 14-415.12(b)(8)

An individual who has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for offenses constituting a misdemeanor under the following specific statutes, or other crimes of violence, is disqualified from obtaining a

permit to carry a concealed handgun:

1. Harassment of and communication with jurors (14-225.2) 2. Violating orders of court (14-226.1)

3. Furnishing poison, controlled substances, deadly weapons, cartridges,

ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities (14-258.1)

4. Weapons on campus or other educational property (14-269.2) 5. Carrying weapons into assemblies and establishments where alcoholic

beverages are sold and consumed (14-269.3)

6. Carrying weapons on state property and courthouses (14-269.4) 7. Possession and sale of spring-loaded projectile knives (14-269.6)

8. Impersonation of fireman, emergency medical services personnel (14-276.1) 9. Impersonation of law-enforcement or other public officers (14-277)

10. Communicating threats (14-277.1) 11. Carrying weapons at parades and other public gatherings (14-277.2) 12. Stalking (14-277.3)

13. Stalking (14-277.3A) 14. Throwing or dropping of objects at sporting events (14-281.1)

15. Exploding dynamite cartridges and bombs (14-283) 16. Riot and inciting to riot (14-288.2)

17. Fighting or conduct creating a threat of imminent fighting or other violence

(14-288.4(a)(1)) 18. Making or using any utterance, gesture, display or abusive language that is

intended and plainly likely to provoke violent retaliation and thereby create a breach of peace (14-288.4(a)(2))

19. Looting and trespassing during emergency (14-288.6)

20. Assault on emergency personnel (14-288.9) 21. Violations of city State of Emergency Ordinances (14-288.12)

22. Violation of county State of Emergency Ordinances (14-288.13) 23. Violation of State of Emergency Ordinances (14-288.14) 24. Child abuse (14-318.2)

25. Violations of the standards for carrying a concealed weapon (14-415.21(b)) 26. Misrepresentation on certification of qualified retired law enforcement officers

(14-415.26) 27. Any crime of violence found in Chapter 14, Article 8 of the North Carolina

General Statutes.


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NOTICE OF PROBABLE CAUSE AND HEARING

In the matter of: ______________________________ Date: _________________

(Name of Permittee)

Permit Number: _________________

Probable Cause exists to believe you are ineligible to (retain/renew) your permit to carry a concealed weapon. Specifically it is believed you: ____________

______________________________________________________________________________________________________________________________________

(State the time, date, and details of the permittee’s conduct)

______________________________________________________________________________________________________________________________________

___________________________________________________________________

This violation, if proved, would result in your permit to carry a concealed

handgun being revoked.

You have the following rights:

1. You may elect to respond to the accusation in writing by submitting a statement to _____________________ of the _________________

County Sheriff’s Office. Your written response will become a part of the record of this incident.

2. In the alternative, you may elect to have a hearing on this matter

before _________________________ of the _______________ County Sheriff’s Office.

a. If requested by you in writing within 72 hours of receipt of this notice, this hearing will be held on the _____ day of

______________, _____. b. You may appear at the hearing and hear all evidence.

c. You may make a statement on your behalf and may call relevant witnesses if doing so does not necessarily burden the proceedings.

d. The decision of the Sheriff will be based solely on the evidence presented in the report of violation and at your hearing. The final

decision will be made in writing and a copy given to you. e. All reports and papers connected with this matter will be included

in your file. f. You may appeal the findings to a district court judge of the district

where you reside.


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SAMPLE NOTIFICATION OF

SUSPENSION OF CONCEALED HANDGUN PERMIT

Name: Address:

City: State:

ZIP: Concealed Handgun Permit Number:

Date:

This letter is to notify you that the Concealed Handgun Permit which has been issued

to you by the __________________ County Sheriff’s Office has been suspended by Judge ___________________ pursuant to a current Domestic Violence Order issued

against you.

The Domestic Violence Order was issued on _________________, 20__ and filed in ___________________ County, North Carolina. For reference purposes, the court

file number of the Order is __________________.

Pursuant to this Order, your right to carry a concealed handgun is suspended. If found in possession of a concealed handgun, you may be

arrested! You should turn in your permit to this department. When the suspension has expired, you may return to this agency and get your permit

back. If you keep the permit during the suspension, you may not use it! It is your responsibility to notify this department when the suspension is over

so that we may reinstate your permit.

If you have any questions, contact ______________________ with this

department at __________________.

*******************************************************************

Informational Note that is not part of letter:

If the Sheriff determines that the subject is Brady disqualified, but the order does not specifically suspend the permit, the Sheriff should notify the judge and initiate

revocation proceedings under N.C.G.S. § 14-415.18.


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NOTICE OF FINDINGS OF REVOCATION HEARING

(DATE)

Permittee name Address

Address

RE: Concealed Handgun Permit # _________________

Dear ______________________:

This letter is to advise you of the findings of the hearing that was held on

______________________________, ____, regarding your permit to carry a

concealed handgun. This matter was heard by _____________________ in _____________ County.

It is found that your actions of (describe findings of hearing)

______________________________________________________________________________________________________________________________________

___________________________________________________________________ (do/do not) constitute a violation of the provisions set forth in the North Carolina

General Statutes for the possession of a concealed handgun permit. Your permit to carry a concealed handgun (is/is not) revoked.

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.

You may appeal this revocation by petitioning a district court judge of the

district in which you reside.

_________________________________

Sheriff of _____________ County


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EXAMPLE:

* * * E M E R G E N C Y T E M P O R A R Y P E R M I T * * *

PERMIT NUMBER: NC222426 EXPIRE DATE: 10-04-2013

PERMITTEE: DOE,JOHN

ADDRESS: 1234 MAIN STREET RALEIGH NC 27777 COUNTY: WAKE

DRIVER LICENSE NUMBER: 1234567 DRIVER LICENSE STATE: NC SSN: XXX-XX-XXXX

DATE OF BIRTH: 07-22-1979 RACE/SEX: WHITE/MALE HEIGHT: 5 FT. 11 IN. WEIGHT: 170 HAIR: BROWN EYES: BROWN

CONTACT AGENCY: NC0920000-WAKE CO SO - RALEIGH

------------------------------------ ------------------------------------

PERMITTEE SIGNATURE SHERIFF SIGNATURE

IT IS UNLAWFUL TO CARRY A CONCEALED HANDGUN WITHOUT THIS PERMIT AND VALID IDENTIFICATION IN YOUR POSSESSION OR TO FAIL TO DISCLOSE TO ANY

LAW ENFORCEMENT OFFICER THAT YOU ARE CARRYING A CONCEALED HANDGUN.

--------------------------------------------------------------------------------------------- EXAMPLE:

* * * T E M P O R A R Y D U P L I C A T E P E R M I T * * *

PERMIT NUMBER: NC222426 HISTORICAL PERMIT NUMBER: 123456NC

PERMITTEE: WILLIAMS,JEFF EXPIRE DATE: 10-04-2013 ADDRESS: 1130 BALLYMOTE DR

DALLAS NC 27607 COUNTY: WAKE

DRIVER LICENSE NUMBER: 123456 DRIVER LICENSE STATE: NC SSN: XXX-XX-XXXX

DATE OF BIRTH: 07-22-1979 RACE/SEX: WHITE/MALE HEIGHT: 5 FT. 08 IN. WEIGHT: 170 HAIR: BROWN EYES: BROWN

CONTACT AGENCY: NC0920000-WAKE CO SO - RALEIGH

------------------------------------ ------------------------------------ PERMITTEE SIGNATURE SHERIFF SIGNATURE

IT IS UNLAWFUL TO CARRY A CONCEALED HANDGUN WITHOUT THIS PERMIT AND

VALID IDENTIFICATION IN YOUR POSSESSION OR TO FAIL TO DISCLOSE TO ANY LAW ENFORCEMENT OFFICER THAT YOU ARE CARRYING A CONCEALED HANDGUN.


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EXAMPLE:

* * * A D D R E S S C H A N G E F O R M * * *

PERMIT NUMBER: NC222426 HISTORICAL PERMIT NUMBER: 123456NC EXPIRATION DATE: 10/04/2013

PERMITTEE: WILLIAMS, JEFF

ADDRESS: 333 DREAMING DRIVE SOUTHERN PINES, NC 27832 MOORE

ISSUING AGENCY: NC0470000 - HOKE - RAEFORD

----------------------------------- -------------------------------

PERMITTEE SIGNATURE SHERIFF SIGNATURE

CARRY THIS CHANGE OF ADDRESS FORM ALONG WITH YOUR CONCEALED HANDGUN PERMIT CARD AT ALL TIMES, AS PROOF THAT NOTIFICATION HAS BEEN

MADE TO THE PROPER AUTHORITY.

---------------------------------------------------------------------------------------------

EXAMPLE:

* * * A D D R E S S C H A N G E N O T I F I C A T I O N * * *

TO: NC0470000-HOKE CO. SHERIFF - RAEFORD

FROM: NC0920000-WAKE CO SO - RALEIGH

SUBJECT: ADDRESS CHANGE NOTIFICATION

THE FOLLOWING CONCEALED HANDGUN PERMIT HOLDER HAS SUBMITTED A CHANGE OF ADDRESS NOTIFICATION TO OUR OFFICE WHICH PLACES THE

CONCEALED HANDGUN RECORD UNDER YOUR AUTHORITY. A COPY OF THE CURRENT FILE MAY BE OBTAINED BY CONTACTING OUR OFFICE DURING NORMAL

WORKING HOURS.

PERMIT NO. NAME R/S BIRTH DATE NC222426 WILLIAMS,JEFF W M 07-22-1979

* END OF RECORD *


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EXAMPLE:

NOTIFICATION OF CONCEALED HANDGUN PERMITTEE VIOLATION

TO: NC0120000 – BURKE COUNTY SHERIFF’S OFFICE

FROM: NCNHP0100 – STATE HIGHWAY PATROL – TROOP A – WILLIAMSTON

ATTN SHERIFF: THIS IS TO ADVISE YOU THAT THE BELOW INDIVIDUAL HAS BEEN

CHARGED WITH A POSSIBLE VIOLATION OF THE CONCEALED HANDGUN LAW OR OTHER LAW WHICH MAY AFFECT THEIR RIGHT TO CONTINUE POSSESSION OF

THEIR CONCEALED HANDGUN PERMIT.

PERMITTEE'S NAME: WILLIAMS,JEFF PERMIT NUMBER: NC222426

NCGS: 20-138.1

CHARGE EXPLANATION: DRIVING WHILE IMPARIED DATE CHARGED: 10042013 CHARGING OFFICER'S NAME: MIKE THOMAS

CASE/CITATION #: 13-241 CHARGING AGENCY PHONE: 9195551212 IF YOU DESIRE COPIES OF THE INVESTIGATIVE REPORTS, CITATIONS, ETC.,

CONTACT THIS AGENCY DURING NORMAL BUSINESS HOURS.

---------------------------------------------------------------------------------------------

EXAMPLE:

* * * CONCEALED HANDGUN FINGERPRINT RESPONSE * * *

ATTN: NC0920000 - WAKE COUNTY SHERIFF

APPLICANT NAME: SMITH, JOHN ALAN RACE/SEX: W/M

DATE OF BIRTH: 02-28-1979 DRIVERS LICENSE: 123456789012

PRIOR CRIMINAL RECORD

THE CONCEALED HANDGUN APPLICANT FINGERPRINTS SUBMITTED FOR THE INDIVIDUAL NAMED ABOVE WERE PROCESSED AND IDENTIFIED WITH A PRIOR

CRIMINAL RECORD FOR

SID: NC01234567A FBI: 1234567AA1

THE RECORD CAN BE OBTAINED THROUGH THE CCH/INTERSTATE IDENTIFICATION INDEX BY USING THE QNR TRANSACTION.


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EXAMPLE:





NO PRIOR RECORD

THE CONCEALED HANDGUN APPLICANT FINGERPRINTS SUBMITTED FOR THE INDIVIDUAL NAMED ABOVE WERE PROCESSED AND DISCLOSED NO PRIOR

CRIMINAL RECORD AT BOTH THE SBI AND THE FBI.

---------------------------------------------------------------------------------------------

EXAMPLE:





WARNING - NEW CRIMINAL ACTIVITY

BE ADVISED THAT A CURRENT ARREST/CUSTODY FINGERPRINT CARD IS IDENTIFIED AGAINST THE INDIVIDUAL ABOVE WHO HAS BEEN ISSUED A

CONCEALED HANDGUN PERMIT BY YOUR AGENCY. THIS ARREST/CUSTODY MAY

CONSTITUTE GROUNDS FOR A REVOCATION OF THE PERMIT.

SID: NC01234567A FBI: 1234567AA1

THE RECORD CAN BE OBTAINED THROUGH THE CCH/INTERSTATE IDENTIFICATION INDEX BY USING THE QNR TRANSACTION.


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MODULE 4

Concealed Handgun Permits

Independent Exercises


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Fill in the blank

1. A regular concealed handgun permit is valid for ________ years.

2. The type of permit, which can be issued immediately, due to an emergency

situation, is called an ________________________________________.

3. The number assigned by DCIN to a “pending” application entered into the Concealed Handgun Permit File is called a _________________________.

True/False

1. Any law enforcement agency may issue a duplicate concealed handgun

permit. a. True

b. False

2. A concealed handgun permit application should be entered into DCIN as

soon as accepted and prior to determining whether to issue or deny. a. True

b. False

Multiple Choice

1. When a person issued a concealed handgun permit changes address, he must:

a. Notify the clerk of court to update his concealed handgun permit file b. Notify the issuing Sheriff to update his concealed handgun permit file

c. Notify the district court judge to update his concealed handgun permit file

d. Nothing is necessary until the time for his permit to be renewed

2. A person may appeal a Sheriff’s decision regarding his concealed handgun

permit by petitioning: a. The clerk of court where the application was filed

b. The Sheriff of another county c. The district court judge where the application was filed

d. The county manager where the application was filed

3. A person must be at least ____ years of age to apply for a concealed handgun permit.

a. 18 b. 21

c. 25 d. 19


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4. Upon conclusion of the fingerprint search, the SBI will notify the

contributing Sheriff’s Office of the findings by: a. Certified letter

b. Online terminal message c. Calling the Sheriff

d. All of the above

5. If a Sheriff does not believe an individual possesses good moral character he or she can deny an applicant for:

a. Permit to Purchase b. Concealed Handgun Permit

c. Both A and B d. Neither A or B

Transactions:

1. You have just received a Change of Address Form on an individual who was

previously issued a concealed handgun permit in your county (still valid). You would use the __________ transaction to update the address

information. a. Enter

b. Enter/Add Status c. Modify

d. None of the above

2. Your Sheriff wishes to know how many concealed handgun permits were issued in your county last month. You would use the ____________

transaction to obtain that information. a. Enter

b. Enter/Add Status

c. Modify d. Query

3. You have received the online fingerprint search notification from the SBI

indicating “no record” on an applicant from your county. Your Sheriff has decided to issue the concealed handgun permit to the individual. You

would use the ___________ transaction to indicate the issuance of the permit.

a. Enter b. Enter/Add Status

c. Modify d. Query


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NATIONAL INSTANT CRIMINAL BACKGROUND

CHECK SYSTEM (NICS)

INFORMATION AND TRANSACTIONS

ADDENDUM TO THE WEAPONS PERMITS

CERTIFICATION MODULE

Special Operations Division

Criminal Information and Identification Section


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I. Contents of the Law

A. Introduction to NICS

1. NICS is a national computer system implemented and maintained by the Federal Bureau of Investigation (FBI) for quickly obtaining

information on individuals who may be prohibited from receiving or possessing a firearm under federal law.

2. NICS check is required for the transfer of any firearm, including

handguns, rifles, and shotguns (except curios and relics) effective November 30, 1998, as required under Public Law 103-159 (Brady

Handgun Violence Prevention Act).

B. Federal Law Requirements – A list of Federal Prohibitors is located in the FORMS section of this manual.

1. As a general rule, the following categories of persons are ineligible

to receive or possess a handgun under federal law: a. Persons convicted in any court of a crime punishable by

imprisonment for a term exceeding one year. Persons who have been convicted (including by a general court martial)

of any offense punishable by imprisonment for a term exceeding one year, whether or not such term of

imprisonment was imposed. (1) A person would not be ineligible under this criteria if

the person has been pardoned for the crime or conviction, the crime or conviction has been expunged

or set aside, or the person has had their civil rights restored, and under the law where the conviction

occurred, the person is not prohibited from receiving or possessing any firearm.

(2) A "crime punishable by imprisonment for a term

exceeding one year", is defined in federal law so as to exclude most misdemeanors in NC.

b. Persons who are fugitives from justice. c. Persons who are unlawful users of or addicted to marijuana,

any depressant, stimulant or narcotic drug, or any other controlled substance.

d. Persons who have been adjudicated as mental defectives or have been committed to a mental institution.

e. Persons who are aliens and are illegally or unlawfully in the US.

f. Persons who have been discharged from the US Armed Forces under dishonorable conditions.

g. Persons who, have been citizens of the US, have renounced their US citizenship.


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h. Persons subject to a court order that:

(1) Was issued after a hearing of which person received actual notice, and the person had an opportunity to

participate; and, (2) Restrains the person from harassing, stalking or

threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in

other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;

and, (3) Includes a finding that the person represents a

credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the

use, attempted use, or threatened use of physical force against the intimate partner or child that would

reasonably be expected to cause bodily injury.

i. Persons convicted in any court of a misdemeanor crime of domestic violence. A qualifying misdemeanor crime of

domestic violence is an offense that: (1) Is a federal, state, local, tribal or territorial offense

that is a misdemeanor under federal, state or tribal law; OR

In states which do not classify offenses as misdemeanors, is an offense which is punishable by

imprisonment for a term of one year or less, and includes offenses that are punishable by a fine.

Has the element of the use or the attempted use of physical force, or the threatened use of a deadly

weapon. The physical force element can only be established by the conviction. and,

(2) At the time the offense was committed, the

defendant was; A current or former spouse, parent or guardian

of the victim; A person with whom the victim shared a child in

common; A person who was cohabitating with or had

cohabitated with the victim as a spouse, parent, or guardian; or,

A person who has or had been similarly situated to a spouse, parent, or guardian of the victim.

j. Persons who are under indictment or information for a crime punishable by imprisonment for a term exceeding one year.


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C. Alternative to Required NICS Check at Time of Transfer

1. The Permanent Provision of Brady allows for an alternative to the requirement that a check of the NICS be performed prior to each

firearm transfer. a. Permit To Purchase

(1) A NICS check is not required for persons who have presented to the Federal Firearms Licensee (FFL) a

valid permit that allows the person to acquire a firearm that was issued not more than five years

earlier. (2) ATF and the NC Attorney General’s Office have

determined that a permit to purchase a handgun may be presented to a FFL for the purchase of a long gun

(rifle or shotgun). (3) One Permit to Purchase may be used to purchase one

handgun (1:1 ratio). Multiple long guns may be

purchased with one Permit to Purchase; however, they must be purchased in a single transaction.

b. Concealed Handgun Permit (1) A NICS check is not required for persons who have

presented to the Federal Firearms Licensee (FFL) a valid NC Concealed Handgun Permit.

(2) One NC Concealed Handgun Permit may be used to purchase multiple handguns and/or long guns.

2. If one of these options is used, an additional NICS inquiry by the

FFL on the intended purchaser is not necessary.

II. NICS Inquiry Transactions

A. NICS Name Inquiries (QN or QNP) 1. Sheriff’s must utilize either the Query NICS Record (QN)

transaction or Query NICS Record Including All Protection Orders (QNP) transaction.

2. NAM, RAC, SEX, DOB and SOR (State of Residence) must be used

to identify the subject on either transaction.

3. Optional fields, such as HGT, WGT, POB, and either SOC or MNU, should be used when available.

4. PUR, OPR, and ATN are required for criminal history logging

purposes.


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5. State Transaction Number (STN) is an optional field allowing the

local agency to include an application number, OCA, or other number to track the inquiry if necessary.

6. Query NICS Record (QN) transaction performs a NICS Name

inquiry, but checks NCIC Protection Orders that are “flagged” on persons who are disqualified from receiving firearms under federal

law due to the protective order (records where flag is “Yes” or “Unknown” will be returned).

7. Query NICS Record Including All Protection Orders (QNP)

transaction performs the same NICS Name inquiry, but checks all active NCIC Protection Order files, regardless of the Brady

indicator. It is recommended that Sheriffs use the Query NICS Record Including All Protection Orders (QNP) transaction instead

of the Query NICS Record (QN) transaction, since the Brady

indicator code may be incorrectly identified in some POF records.

NOTE: NC law allows a Sheriff to refuse a Permit to Purchase a handgun to an individual who is not of “good moral character.”

If a NCIC Protection Order response is received on the record subject prohibiting the individual from committing acts of

domestic violence, this may be used in determination of the issuance of the Permit to Purchase.

8. Responses from the name inquiry utilizing either the Query NICS

Record (QN) transaction or the Query NICS Record Including All Protection Orders (QNP) transaction may be from one or more of

the following: a. NICS Index File – This file contains the name and personal

data on individuals who are federally and state prohibited

from purchasing and possessing a firearm. b. NICS Index Illegal/Unlawful Aliens File – This file

contains information provided by the Immigration and Customs Enforcement (ICE) on illegal or unlawful aliens.

c. NICS Index Controlled Substance Abuse File – This file contains information provided by the US Coast Guard,

Department of Defense, Department of Veteran’s Affairs, and some participating states on persons who are an

unlawful user of or addicted to any controlled substance. This file may include records on persons who failed drug

tests and/or are participating in a drug treatment program. d. NICS Index Dishonorable Discharges File – This file

contains information provided by the US Coast Guard and Department of Defense on persons who have been


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discharged from the Armed Forces under dishonorable

conditions. e. NICS Index Citizenship Renunciants File – This file

contains information from the Department of State on persons who have renounced his/her United States

citizenship. f. NICS Index Mental Defectives/Commitments – This file

contains information from the Department of Defense, Department of Veteran’s Affairs, and some participating

states on persons who have been adjudicated as a mental defective or have been committed to a mental institution.

g. NCIC Persons Hot Files (1) Wanted Persons File

(2) Protection Orders File (3) Immigration Violators File

(4) Gang File

(5) Known or Appropriately Suspected Terrorist File (6) Protective Interest File

(7) Foreign Fugitives File (8) Sexual Offender Registration File

(9) Supervised Release File (10) SENTRY (individuals under supervision of Federal

Bureau of Prisons) h. Interstate Identification Index (III) – This file contains

automated criminal record indexes of individuals who have been arrested and a valid FBI fingerprint card has been

submitted. i. NC SBI Computerized Criminal History (CCH) – This file

contains automated criminal records of individuals who have been arrested and a valid SBI fingerprint card has been

submitted.

j. NC Persons Hot Files (1) NC Concealed Handgun Permit File

(2) NC Sexual Offender Registration File

NOTE: The Citizenship section on both the Query NICS Record

(QN) transaction and the Query NICS Record Including All Protection Orders (QNP) transaction is mandatory.

If an applicant for a Permit to Purchase is NOT a US citizen the Immigration and Customs Law Enforcement

Support Center (ICE) Immigration Alien Query (IAQ) transaction will be performed automatically, as required

by NICS and the US Attorney General.


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The “Supplementary Questions for Applicants for a

Permit to Purchase a Handgun” Form found in the FORMS section and under Links, NICS Info, Non-US Citizen Form

must be used for all persons applying for a Permit to Purchase a handgun.

This form must be used, or the information must be added to your agency’s Permit to Purchase application.

9. A NICS inquiry does not automatically check NC Administrative

Office of the Courts (AOC) files. State law (NCGS 14-402) requires a criminal history check of the applicant through AOC

files in addition to the CCH and NICS inquiries. A Criminal Defendant Name (QACD) transaction should be utilized to retrieve

local records which may not be indexed in the SBI/FBI records. For Example: Misdemeanor convictions for domestic violence.

10. When a valid name inquiry utilizing either the Query NICS Record (QN) transaction or a Query NICS Record Including All Protection

Orders (QNP) transaction is performed, the response from NICS will include a NICS Transaction Number (NTN). This NTN must be

used in any subsequent transactions (record retrieval, denial notification, etc.).

NOTE: The NTN shall be written on the application as proof

that a NICS check was performed.

11. If a NICS Index match is found based on the inquiry, NICS will respond back with descriptive identifiers (similar to a National

Name {QH} transaction response). Each matching NICS Index record will contain a NICS Record Identifier (NRI), which is similar

to a NIC. The NRI must be used to retrieve that specific record.

B. NICS Record Inquiries (QNR)

1. Utilize the NICS Specific Record (QNR) transaction to obtain a specific record maintained in NICS, NCIC, or DCIN files.

2. NAM, DOB, NTN (NICS Transaction Number), and one of the

following identifiers must be used: FBI or NIC or NRI or SID.

3. Responses will vary, depending on the numeric identifier used in the record inquiry:

a. Using FBI, the complete NCIC/III record will be returned, along with any related out-of-state CCH records. NC/CCH

records will also be checked.


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b. Using NIC, the specified NCIC Hot File record will be

returned. c. Using NRI, the specified NICS Index record will be returned.

d. Using SID, only a NC SID may be used. Using NC SID, the NC/CCH will be returned. NC SID can be used to retrieve

NC/CCH records that may not be indexed in NCIC/III.

III. Enter State Denial Notification (NDN)

1. When a Sheriff’s Office denies either a Permit to Purchase or a Concealed Handgun Permit, the NICS Section should be notified of

the denial.

2. Agencies should submit the Enter State Denial Notification (NDN) transaction indicating the permit has been denied due to a federal

or state prohibition.

3. The reason for the denial can be either state or federally

disqualifying.

4. NICS will flag the record as a denial and retains a log of all transactions relating to the denial for 10 years.

5. If an Enter State Denial Notification (NDN) transaction is not

received for a Query NICS Record (QN) transaction or Query NICS Record Including All Protection Orders (QNP) transaction, NICS

assumes that the Query transaction resulted in an approval and the transaction is purged from the system log according to purge

criteria for approvals.

6. Additionally, the FBI provides the ATF an electronic copy of

transactions resulting in a denial. ATF may use this data to pursue legal action, as falsification of the Form 4473 (completed

prior to firearms transfer) is a federal offense.

7. If denying a Concealed Handgun Permit based on a NCIC/NICS record, the Sheriff’s Office should:

a. Update the Concealed Handgun Permit record utilizing the Enter/Add Status (ECGN) transaction to indicate the denial;

and, b. Perform the Enter State Denial Notification (NDN)

transaction indicating the NICS, NCIC record(s) or state prohibition causing the denial.


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B. State Denial Overturned Message (NDO)

1. Allows the agency that entered a “denial” on an individual to indicate the denial has been overturned.

2. If an individual appeals a denial, and the denial is overturned, the

agency that entered the denial must perform this transaction to indicate he/she may now be eligible for transfer of a firearm.

IV. NICS Index File Transactions

A. Enter NICS Index Record (EDP) – This transaction is used to enter an individual into the NICS Index when the Sheriff’s Office has denied a

Permit to Purchase or a Concealed Handgun Permit based on a federal or state prohibitor, other than a NICS Index Record, NCIC Hot File

record, or NCIC/III record. Therefore, this record entry is based on

record information developed through other sources NOT the response from the NICS Index, NCIC files or III.

NOTE: By placing these records in NICS, it allows states to access the

information when required prior to the transfer of a firearm or issuance of a permit. Use of the NICS Index is voluntary and

not required under permanent provisions of the Brady Act.

1. An entry should be made only if a permit is denied based on one or more of the following:

a. NC/CCH record not indexed in NCIC/III or b. An AOC record indicating conviction of a misdemeanor for

any domestic violence charge, as well as establishing a qualified relationship and force element meeting the federal

misdemeanor crime of domestic violence criteria and the

defendant was represented by an attorney or knowingly and intelligently waived his right to counsel; or

c. Any other state or local record which is considered a federal prohibition, such as proof that the individual has been

adjudicated as a mental defective as documented in public records maintained by the Clerk of Superior Court.

d. A North Carolina State Prohibitor.

2. DO NOT ENTER AN INDIVIDUAL INTO THE NICS INDEX IF: a. The denial was based solely on good moral character. This

is a local decision and could be changed from county to county or state-to-state.


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b. The denial was based on a record response from NICS

Index, NCIC or III. Since the individual’s record is already in a national system searched by NICS, there is not a need

to enter this person again.

3. NAM, SEX, DOB, SSN, Category of Prohibited Persons (PCA), and Agency Record Identifier (ARI) must be used to identify the record

subject.

4. When submitting a record to the NICS Index with a Category of Prohibited Persons (PCA) code “I” – Conviction for a Misdemeanor

Crime of Domestic Violence, then the Relationship to Victim (RTV) and the State Statute and Subsection (SST) fields are mandatory.

5. When submitting a record to the NICS Index with a Category of

Prohibited Persons (PCA) code “J” – State Prohibitor, then the

State Prohibited Category (SPC) field is mandatory.

6. Use optional fields whenever the information is available.

7. Upon successful transmission, NICS will respond back with a NRI number, which is similar to a NIC. This number, along with the

printed screen, should be retained with all supporting documentation for future reference.

B. Modify NICS Index Record (MDP) – This transaction is used to add,

change, or delete existing information in a record entered into the NICS Index File.

C. Supplemental NICS Index Record (SDP) – This transaction is used

to add specific identifiers (SOC, SMT, AKA, or MNU) to an existing NICS

Index record.

D. Cancel NICS Index Record (XDP) – This transaction is used to cancel a NICS Index record when the record should not have been entered or

the initial reason for the denial is no longer a prohibiting factor. Only the entering ORI can cancel the record. The Relief from Disabilities

Question (RDQ) field will automatically default to “N” since North Carolina does not have an ATF-Certified Relief from Disabilities Program.

E. Query NICS Index Record (QDP) – This transaction is used to

display a detailed NICS Index record entered by your ORI.

NOTE: Copies of all NICS Index transactions should be printed and maintained in the related file for future reference.


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F. NICS Index Retention

1. NICS will purge a NICS Index record when the Date of Expiration (EXP) is reached, if one was entered.

2. Two weeks before Date of Expiration, agency will receive a

notification from the NICS Index indicating record will be purged. The notification will be sent to the ORI which entered the NICS

Index record.

3. If a record is entered and no expiration date is indicated, the record will be retained until the record subject reaches the 120th

birthday or until removed by the entering agency.

V. Access, Dissemination, and Appeals of NICS File Records

A. Access and Dissemination 1. Access to the NICS Index is restricted to personnel certified in

Module 4 (Weapons Permits) and is limited to the purpose of providing information to federal, state, or local criminal justice

agencies in connection with the issuance of a permit or license to possess, acquire, conceal, or transfer a firearm.

2. NICS may not be used by agencies that are returning firearms to

their rightful owners from law enforcement possession pursuant to a court order (as in the return of firearms from evidence rooms

pursuant to a judge’s order). A state/national criminal record inquiry (QH/QR) using purpose code “F” would be justified.

3. The use of NICS for any other purpose is strictly prohibited.

Misuse may result in administrative sanctions, suspension or

termination of NICS access, fines up to $10,000, and/or criminal charges being filed by the FBI.

4. Only operators certified in this module can access NICS system.

If an operator is certified in the Criminal Records module but not in the Weapons Permits Module, he/she will not be authorized to

perform NICS transactions.

B. Appeals Procedures 1. If in the application process a NICS response indicates potential

basis for denial, the Sheriff’s personnel should determine from the individual whether additional information is needed to clear up

discrepancies (such as fingerprint verification).


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2. If the individual wishes to challenge the accuracy of the record

upon which the denial is based, he or she should be directed to make inquiry to the agency that entered the record. This could be

the criminal justice agency that entered the record or NICS.

3. As an alternative, the individual may elect to direct his or her challenge to the accuracy of the record in writing to the NICS

Section for appeals procedures. Contact information:

Federal Bureau of Investigation Criminal Justice Information Services Division

NICS Section Appeal Services Team, Module A-1

Post Office Box 4278 Clarksburg, WV 26302-4278

1-877-324-6427

4. If a NCIC/III or NC/CCH provided a criminal record causing the

denial and the individual challenges the record, refer the individual to the SBI Criminal Information and Identification

Section for right-to-review procedures. Contact information:

NC State Bureau of Investigation Criminal Information and Identification Section

3320 Garner Rd Raleigh, NC 27626

(919) 662-4500

5. If a NC Domestic Violence Protective Order provided the basis of a denial and individual disputes accuracy of the Order, refer the

individual to the issuing Court/Official.

VI. Retention of Records

A. Weapon Permits and Applications 1. The NC Department of Cultural Resources (NC DCR) publishes a

retention schedule for governmental agencies, including Sheriff’s Offices. This schedule can be found in its entirety at

www.ncdcr.gov.

2. Permit applications must be retained in accordance with NC DCR’s rules and NCGS 132 – Public Records Law.

http://www.ncdcr.gov/


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B. NICS Inquiries and Responses

1. NICS inquiries and responses resulting in a “proceed” or approval must be maintained for one (1) year.

2. NICS inquiries and responses resulting in a “denial” may be

retained indefinitely.

3. The NTN for each NICS record check should be recorded on the application as proof that a NICS check was conducted.

C. NICS Log of Transactions (QCHL)

1. Agencies must run the Inquiries Log (QCHL) transaction to print their automated logs.

2. All QN, QNP and QNR transactions are maintained on the

automated log.

3. Effective January 1, 2011 NICS inquires & responses resulting in

an issuance or a proceed are to be maintained for one (1) year.

4. Logs must be signed or initialed and dated.

5. A monthly review must be conducted to determine compliance.

6. Any misuse must be reported to the SBI.


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MODULE 4

National Instant Criminal Background Check System (NICS)

Forms Section


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FEDERAL PROHIBITORS FBI Criminal Justice Information Services Division

National Instant Criminal Background Check System Section January 2011

SOURCES: Gun Control Act of 1968; Title 18, United States Code (U.S.C.), Sections 921 and 922; Title 27, Code of Federal Regulations (C.F.R.) Part 478.11.

SECTION 922(g)(1) - PERSONS WHO HAVE BEEN CONVICTED IN ANY COURT OF A CRIME PUNISHABLE BY IMPRISONMENT FOR TERM EXCEEDING ONE YEAR

A person convicted (including by a general court martial) of any offense punishable

by imprisonment for a term exceeding one year, whether or not such term of imprisonment was imposed.

NOTES:

The term crime punishable by imprisonment for a term exceeding one year does not include (a) any Federal or State offenses pertaining to antitrust violations, unfair

trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or (b) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance

with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered a conviction, unless such

pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms and the person is not

otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.

SECTION 922(g)(2) - PERSONS WHO ARE FUGITIVES FROM JUSTICE

(1) A person who has fled from any State to avoid prosecution for a felony or a misdemeanor.

(2) A person who leaves the state to avoid giving testimony in any criminal proceeding.

(3) A person who knows that misdemeanor or felony charges are pending against such person and who leaves the state of prosecution.

NOTES:


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Fugitives from justice do not include persons who are charged with crimes and there is no evidence that they left the state.

A person is not a fugitive from justice merely because he or she has an

outstanding civil traffic citation.

SECTION 922(g)(3) - PERSONS WHO ARE UNLAWFUL USERS OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE

(1) A person who uses a controlled substance and has lost the power of self-control with reference to the use of the controlled substance.

(2) A person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.

NOTES:

Unlawful use is NOT limited to the use of drugs on a particular day, or within a matter of days or weeks before receiving a firearm; rather the unlawful use only

needs to have occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled

substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm.

An inference of current use may be drawn from evidence or a recent use or possession of a controlled substance or a pattern of use or possession that

reasonably covers the present time. For example,

· A conviction for use or possession of a controlled substance within the past year, or

· Multiple arrests for use or possession of a controlled substance within the past five years if the most recent arrest occurred within the past year; or

· A person found through a drug test to use a controlled substance unlawfully,

provided the test was administered within the past year.

ATF has advised when considering multiple arrests within the last five years and the

most recent occurring within the last year, a disposition of “dismissed” appearing on the criminal history record is to be considered. If the dismissal is posted to the

record, or if completion of terms, automatic dismissal or discharge time frame, etc., has been reached and there are multiple arrests within the past five years and an arrest within the past year, the record can be used as a prohibitor for 18 U.S.C. §

922(g)(3) for multiple arrests.

A “dismissed” charge is considered an “arrest.” A dismissal occurs when a charge is not adjudicated and may only be used when establishing a pattern of use, e.g., multiple arrests within the past five years, if the most recent occurred within the past

year. For a current or former member of the Armed Forces, an inference of current use

may be drawn from recent disciplinary or other administrative action based on


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confirmed drug use (e.g., court-martial conviction, non-judicial punishment, or an administrative discharge based on drug use or drug rehabilitation failure).

As defined in 21 U.S.C. §802 and 21 C.F.R. Part 1308, the term “controlled

substance” includes but is not limited to marijuana, depressants, stimulants, and narcotic drugs. The term “controlled substance” does not include distilled spirits, wine, malt beverages, or tobacco (as those terms are defined or used in Subtitle E of

the Internal Revenue Code of 1986, as amended).

SECTION 922(g)(4) - PERSONS WHO HAVE BEEN ADJUDICATED AS MENTAL DEFECTIVES OR HAVE BEEN COMMITTED TO A MENTAL INSTITUTION

(1) A determination by a court, board, commission, or other lawful authority that a

person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:

Is a danger to himself or others; or

Lacks the mental capacity to contract or manage his own affairs.

(2) A person found to be insane by a court in a criminal case. (3) A person found incompetent to stand trial or found not guilty by reason of lack of

mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. §850a, §876b.

(4) A person formally committed to a mental institution by a court, board, commission, or other lawful authority (including commitment involuntarily,

commitment for mental defectiveness or mental illness, or a commitment for other reasons, such as for drug use).

NOTES:

This term does not include a person in a mental institution for observation or a

voluntary admission to a mental institution.

Mental institution includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a

general hospital.

In some circumstances, the process by which an agency designates an alternate payee for benefits will meet the criteria for this prohibitor.

This term does not include a person who has been granted relief from the disability through a qualifying federal or state relief from disability program as authorized by

the NICS Improvement Amendments Act of 2007.


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This term also does not include a person whose adjudication or commitment was imposed by a Federal department or agency, and:

o the adjudication or commitment was set aside or expunged;

o the person was fully released from mandatory treatment, supervision or monitoring;

o the person was found to no longer suffer from the disabling mental health condition;

o the person has otherwise been found to be rehabilitated; or

o the adjudication or commitment was based solely on a medical finding without opportunity for a hearing.

SECTION 922(g)(5) - PERSONS WHO ARE ALIENS AND ARE ILLEGALLY OR

UNLAWFULLY IN THE UNITED STATES

(1) An alien who is illegally or unlawfully in the United States.

(2) Except as provided in 18 U.S.C. § 922(y)(2), an alien who has been admitted to the

United States under a non-immigrant visa (as that term is defined is Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. §1101[a][26]).

NOTES:

Permanent resident aliens are not prohibited under this section.

Aliens who are unlawfully in the United States are not in valid immigrant,

nonimmigrant or parole status. The term includes:

An alien who unlawfully entered the United States without inspection and authorization by an immigration officer and who has not been paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act (INA);

An alien who is a nonimmigrant and whose authorized period of stay has expired or who has violated the terms of the non-immigrant category in which he or she was admitted;

An alien who was paroled under INA Section 212 (d)(5) and whose authorized period of parole has expired, or whose parole status has been terminated;

An alien who is under an order of deportation, exclusion, or removal, or under an order to depart the United States voluntarily, whether or not he or she has left the United States.

Examples of Persons who are in the United States in non-immigrant status


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o An alien who is traveling temporarily in the United States for business or pleasure.

o An alien who studies in the United States and who maintains a residence abroad.

o An alien who is a temporary foreign worker.

Exceptions for Non-immigrant Aliens (18 U.S.C. §922[y][2])

o An alien who has been admitted to the United States for lawful hunting or sporting purposes.

o An alien who is in possession of a hunting license or permit lawfully issued in the United States.

o An official representative of a foreign government who is:

1) Accredited to the United States Government or the Government’s

mission to an international organization having its headquarters in the United States; or

2) En route to or from another country to which that alien is accredited. o An official of a foreign government or a distinguished foreign visitor who has

been so designated by the Department of State.

o A foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

o An alien who has received a waiver from the Attorney General.

SECTION 922(g)(6) - PERSONS WHO HAVE BEEN DISCHARGED FROM THE U.S. ARMED FORCES UNDER DISHONORABLE CONDITIONS

A person whose separation from the U.S. Armed Forces resulted from: o

(1) A dishonorable discharge; or

(2) A dismissal adjudged by a general court-martial.

NOTES:

This term does not include any separation from the U.S. Armed Forces resulting from any other discharge, for example, a bad conduct discharge.

SECTION 922(g)(7) - PERSONS WHO, HAVING BEEN CITIZENS OF THE UNITED STATES, HAVE RENOUNCED THEIR U.S. CITIZENSHIP

A person who, having been a U.S. citizen, has renounced U.S. citizenship either:

(1) Before a diplomatic or consular officer of the United States in a foreign state pursuant to 8 U.S.C. §1481 (a)(5); or

(2) Before an officer designated by the Attorney General when the United

States is in a state of war pursuant to 8 U.S.C. §1481(a)(6).


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NOTES:

This term does not include any renunciation of citizenship that has been reversed as a result of administrative or judicial appeal.

SECTION 922(g)(8) - PERSONS SUBJECT TO A COURT ORDER THAT RESTRAINS

THEM FROM HARASSING, STALKING, OR THREATENING AN INTIMATE PARTNER OR CHILD OF SUCH INTIMATE PARTNER, OR FROM ENGAGING IN OTHER

CONDUCT THAT WOULD PLACE THE PARTNER OR CHILD IN REASONABLE FEAR OF BODILY INJURY

A person who is subject to a court order that:

(1) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; and

(2) restrains the person from harassing, stalking or threatening an intimate partner of such person or child of such intimate partner or person, or from

engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(3) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child or by its terms expressly

prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause

bodily injury.

NOTES:

The term intimate partner includes the spouse of the person, a former spouse of

the person, an individual who is a parent of a child of the person, and an individual who cohabits or has cohabited with the person.

The term actual notice includes, but is not limited to, service of process personally served on the party and service by mail, proof that notice was left at

the party’s dwelling house or usual place of abode with some person of suitable age and discretion residing therein or proof that the party signed a return receipt for a hearing notice which had been mailed to the party. This does not include

notice published in a newspaper.

SECTION 922(g)(9) - PERSONS CONVICTED IN ANY COURT OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE

A person convicted of a local, state, tribal, or federal offense that meets ALL of the following criteria:

(1) Is a misdemeanor under state, tribal, or federal law, or in jurisdictions which do not classify offenses as misdemeanors, is an offense which is


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punishable by imprisonment for a term of one year or less, and includes offenses that are punishable only by a fine. (This is true whether or not the

statute specifically defines the offense as a “misdemeanor” or as a “misdemeanor crime of domestic violence,”) and

(2) Has, as an element, the use or attempted use of physical force (e.g. assault and battery), or the threatened use of a deadly weapon; and

(3) Was committed by a current or former spouse, parent, or guardian of the

victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or

guardian of the victim.

NOTES:

A person is NOT considered to have been convicted of a misdemeanor crime

of domestic violence if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights

restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense),

unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms and the person is not otherwise prohibited by the law of the

jurisdiction in which the proceedings were held from receiving or possessing any firearms.

SECTION 922(n) - PERSONS WHO ARE UNDER INDICTMENT OR INFORMATION FOR A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE

YEAR.

(1) A person under indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

(2) A military service member charged with any offense punishable by

imprisonment for a term exceeding one year which has been referred to a general court-martial.

NOTES:

An information is a formal accusation of a crime, which differs from an indictment because it is made by a prosecuting attorney rather than a grand jury.


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SUPPLEMENTARY QUESTIONS FOR APPLICANTS

FOR A PERMIT TO PURCHASE A HANDGUN Prohibitions applicable to certain aliens. Federal law makes it unlawful for aliens who are illegally or unlawfully in the United States to receive or possess firearms. In addition, subject to certain exemptions, aliens

who are in a non-immigrant status are prohibited from possessing or receiving firearms in the United States. A non-immigrant alien is not subject to this prohibition if the alien:

1) Is in possession of a valid hunting license or permit lawfully issued in the United States; 2) Is an official representative of a foreign government who is accredited to the United States Government

or his or her government’s mission to an international organization having its headquarters in the United States; or

3) Has received a waiver from the prohibition from the Attorney General of the United States. See 18 USC 922(y)(2) for additional exceptions. In order to determine whether applicants who are not U.S. citizens are prohibited from possessing firearms under Federal law, it is necessary to obtain answers to the following questions.

1) Name: __________________________________________

2) Are you a citizen of the United States? Yes No

If the answer to Question 2 is “yes”, there is no need to answer questions 3-8. Go directly to the certification statement in question 9. Sheriff: If the answer to Question 2 is “yes”, use “C” in the Citizenship (CTZ) field of the QN or QNP transaction.

3) What is your country of citizenship? List more than one if applicable.

________________________________ 4) What is your place of birth? _________________________________ (City and country)

5) What is your INS-issued alien number or admission number? __________________ 6) Are you an alien illegally in the United States? _________________

7) Are you a non-immigrant alien? __________________

Sheriff: If the answer to Question 7 is “yes”, proceed to Question 8a. If the answer to Question 7 is “no”, use “F” in the Citizenship (CTZ) field of the QN or QNP transaction.

8a) Do you fall within any of the exemptions to the nonimmigrant alien prohibitions set forth in 18 USC

922(y)? Sheriff: If the answer to Question 8a is “yes”, proceed to Question 8b. If the answer to Question 8a is “no”, the NICS check cannot be initiated. As a non-immigrant, the subject is ineligible to purchase, possess, or redeem a firearm if they do not meet one of the non-immigrant exemptions.

8b) If you answered “yes” to question 8a, under which exemption do you fall? Please attach documentation to support your entitlement to the claimed exemption, if applicable.

Sheriff: Validate the exemption item and indicate the exemption in the Exception Documentation (EXC) field of the QN or QNP transaction. Then place “F” in the Citizenship (CTZ) field of the QN or QNP transaction.

9) I certify that the above answers are true and correct.

______________________________________ _________________ Applicant’s Signature Date


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MODULE 4

National Instant Criminal Background Check System (NICS)

Independent Exercises


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True/False

1. All background inquiries for firearms purposes (Permits to Purchase and Concealed Handgun Permits) must include a NICS Name inquiry.

a. True b. False

2. A valid Permit to Purchase a handgun (issued not more than 5 years ago by a NC

Sheriff) is presented to a Federal Firearms Licensee (FFL) for the purchase of a

shotgun or rifle. The FFL is not required to perform a NICS check. a. True

b. False

3. A NICS Name inquiry (QN or QNP) may result in a response being received from

the NC Sexual Offender Registration or Concealed Handgun Permit File. a. True

b. False

4. An entry into the NICS Index may be made when the Sheriff receives a

disqualifying response (FBI record with felony conviction) from NCIC/III. a. True

b. False

Fill in the blank

5. __________________ is a unique transaction number assigned by NICS after a

NICS Name inquiry is performed. This number is returned in the NICS response and must be used in subsequent transactions.

6. __________________ is a unique number, like a NIC number, assigned to a

record found in the NICS Index (ex. Dishonorable Discharges File record).

Transactions

7. Using your certification manual, identify the appropriate transaction used to

perform the following: a. Perform a background inquiry on an individual by name and personal

descriptors (race, sex, DOB, etc.) to check all active NCIC Protection Orders. ___________

b. Request a specific record from the NICS Index by FBI number after you

receive a “hit” on a NICS Name inquiry.

___________

c. Allows agency to send a notification to the NICS system indicating the permit was denied.

___________


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Instructions for Taking the Online Certification Tests

1. Users must attend 90% of classroom instruction in order to be authorized to

test for DCIN certification.

2. The DCIN Training Specialist will assign test authorization for each user at the

end of the last day of classroom instruction.

3. Before any user can take a certification test, he/she must coordinate

testing with their agency’s Terminal Agency Coordinator (TAC) or

Assistant TAC (ATAC). The TAC/ATAC will schedule a date/time for the

testing and may specify a particular location where the testing is to occur.

New users should contact their TAC/ATAC within seven days of completion of

classroom instruction. The user must test within fifteen days of

classroom instruction. If testing has not been completed within fifteen

days of the end of classroom instruction, the test authorization will

expire and the user will be required to attend DCIN class again.

4. If a user takes a certification test without properly contacting his/her

agency TAC/ATAC, the score will be deleted and the user must retake

the test. The user may be sanctioned by the SBI. A subsequent

violation, after having been sanctioned, may result in revocation of

the user’s DCIN certification.

5. A user has the ability to recertify within 30 days of expiration. A user can

take a recertification test up to 90 days after their expiration date has passed.

However, they cannot sign into Omnixx Force and operate the system. They

can only sign into Omnixx Trainer and take the appropriate test(s). If they do

not have a passing score of 80% or higher by the 91st day, they will be

required to attend DCIN class again and complete testing to obtain

certification in appropriate module(s).

6. Tests consist of both true/false and multiple choice questions pulled at

random from a pool of test questions. Modules 1 and 5 have 33 test-

questions. Modules 2, 3, 4, and 6 have 25 test-questions.

7. Tests are timed. For a 25-question test, a user is allowed 40 minutes to

complete the test. For a 33-question test, a user is allowed 50 minutes to

complete the test.


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8. If a user does not complete the test within the time limit allowed, the test will

automatically be submitted and graded.

9. If a user fails the test, he/she must wait 24 hours before taking the

test again.

10. While taking the online test, the user may use their certification manual and

their notes from class. The user may not use any other materials. The user

cannot receive assistance from anyone while taking this test, except

clarification from the TAC/ATAC on how to use the Omnixx Trainer

software.

11. Cheating or assisting in cheating is fraud! If a user is caught cheating

or assisting another user in cheating, the user’s DCIN certification

may be revoked. The results of the investigation will be turned over

to NC Department of Justice Training & Standards Division, who may

revoke other certifications as well (law enforcement officer, criminal

justice instructor, telecommunicator, and/or correctional officer

certifications).

12. When the test has been submitted for grading, the user will immediately

receive a Test Results page displaying the test score. This Test Results page

will display test categories (portions of the outline) with results broken down

in each specific category.

13. The Test Results page MUST BE PRINTED. The user must sign or

initial the results page along with the TAC/ATAC. The SIGNED

RESULTS PAGE MUST BE placed in the appropriate training file

maintained by the agency for the 2 year certification timeframe.

14. Users must make a score of at least an 80% or higher for each module test

taken in order to obtain certification or recertification. Users making an 80%

or higher are granted certification rights immediately.

Revised 05/29/2015

weapons permits - nc sbidcin.ncsbi.gov/euidocs/training/m4weapons07152015final.pdf ·...

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