|
The sheriffs of any and all counties of this State shall issue to any person, firm, or
<br />corporation in any county a "eense- or permit to purchase or receive any weapon mentioned in
<br />this Article from any person, firm, or corporation offering to sell or dispose of the weapon. The
<br />lieense r permit shall expire five years from the date of issuance. The lieeiise or- permit shall
<br />be in the following form:
<br />North Carolina,
<br />County.
<br />I, Sheriff of said County, do hereby certify that I have conducted a
<br />criminal background check of the applicant, whose place of residence is
<br />in (or) in Township,
<br />County, North Carolina, and have received no information to indicate that it would be a
<br />violation of State or federal law for the applicant to purchase, transfer, receive, or possess a
<br />handgun. The applicant has further satisfied me as to his, her (or) their good moral character.
<br />Therefore, a r— permit is issued to to purchase one pistol from any
<br />person, firm or corporation authorized to dispose of the same.
<br />This r permit expires five years from its date of issuance.
<br />This day of ,
<br />Sheriff."
<br />SECTION 17.2.(a) G.S. 14 -404 reads as rewritten:
<br />"§ 14 -404. Issuance or refusal of permit; appeal from refusal; grounds for refusal;
<br />sheriff's fee.
<br />(a) Upon application, the sheriff shall issue the lice e- of-- permit to a resident of that
<br />county, unless the purpose of the permit is for collecting, in which case a sheriff can issue a
<br />permit to a nonresident, when the sheriff has done all of the following:
<br />(1) Verified, before the issuance of a permit, by a criminal history background
<br />investigation that it is not a violation of State or federal law for the applicant
<br />to purchase, transfer, receive, or possess a handgun. The sheriff shall
<br />determine the criminal and background history of any applicant by accessing
<br />computerized criminal history records as maintained by the State Bureau of
<br />Investigation and the Federal Bureau of Investigation, by conducting a
<br />national criminal history records check, by conducting a check through the
<br />National Instant Criminal Background Check System (NICS), and by
<br />conducting a criminal history check through the Administrative Office of the
<br />Courts.
<br />(2) Fully satisfied himself or herself by affidavits, oral evidence, or otherwise,
<br />as to the good moral character of the applicant.
<br />(3) Fully satisfied himself or herself that the applicant desires the possession of
<br />the weapon mentioned for (i) the protection of the home, business, person,
<br />family or property, (ii) target shooting, (iii) collecting, or (iv) hunting.
<br />(b) If the sheriff is not fully satisfied, the sheriff may, for good cause shown, decline to
<br />issue the r-- permit and shall provide to the applicant within seven days of the refusal a
<br />written statement of the reason(s) for the refusal. The statement shall cite the specific facts
<br />upon which the sheriff concluded that the applicant was not qualified for the issuance of a
<br />permit and list, by statute number, the applicable law upon which the denial is based. An appeal
<br />from the refusal shall lie by way of petition to the chief judge of the district court for the district
<br />in which the application was filed. The determination by the court, on appeal, shall be upon the
<br />facts, the law, and the reasonableness of the sheriffs refusal, and shall be final.
<br />The sheriff shall keep a list of all permit denials, with the specific reasons for the
<br />denials noted. The list shall not include any information that would identif t�pplicant
<br />whose application was denied. The list, as described in this subsection, shall be a public record,
<br />Attachment number 3
<br />House Bill 937- Ratified Session Law 2013 -369 Pa 9
<br />G -2 Page 1Z4
<br />
|