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AG 2013 11 18
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AG 2013 11 18
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Last modified
12/4/2013 10:40:59 AM
Creation date
11/27/2017 11:03:45 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/18/2013
Board
Board of Commissioners
Meeting Type
Regular
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(1) Fraud or intentional and material misrepresentation in the obtaining of a <br />permit. <br />(2) Misuse of a permit, including lending or giving a permit or a duplicate <br />permit to another person, materially altering a permit, or using a permit with <br />the intent to unlawfully cause harm to a person or property. It shall not be <br />considered misuse of a permit to provide a duplicate of the permit to a <br />vender for record- keeping purposes. <br />(3) The doing of an act or existence of a condition which would have been <br />grounds for the denial of the permit by the sheriff. <br />(4) The violation of any of the terms of this Article. <br />ifiitia4ly -Fee <br />A permittee may appeal the revocation, or nonrenewal of a permit by petitioning a district <br />court judge of the district in which the applicant resides. The determination by the court, on <br />appeal, shall be upon the facts, the law, and the reasonableness of the sheriffs refusal. <br />The sheriff of the county where the permit was issued or the sheriff of the county <br />where the person resides shall revoke a permit of any permittee who is adjudicated guilty of or <br />receives a prayer for judgment continued for a crime which would have disqualified the <br />permittee from initially receiving _a permit. Upon determining that should be revoked <br />pursuant to this subsection, the sheriff shall provide written notice to the permittee, pursuant to <br />the provisions of G.S. 1A -1, Rule 4(j), that the permit is revoked upon the service of the notice. <br />The notice shall provide the permittee with information on the process to appeal the revocation. <br />Upon receipt of the written notice of revocation, the permittee shall surrender the permit to <br />the sheriff. Any law enforcement officer serving the notice is authorized to take immediate <br />possession of the permit from the permittee. If the notice is served by means other than by <br />law enforcement officer, the permittee shall surrender the permit to the sheriff no later than 48 <br />hours after service of the notice. <br />A permittee may �ppeal the revocation of a permit pursuant to this subsection by petitioning <br />a district court judge of the district in which the permittee resides. The determination by the <br />court, on appeal, shall be limited to whether the permittee was adjudicated guilty of or received <br />a prayer judgment continued for a crime which would have disqualified the permittee from <br />initially receiving a permit. Revocation of the permit is not stayed pending appeal. <br />(b) The court may suspend a permit as part of and for the duration of any orders <br />permitted under Chapter 50B of the General Statutes." <br />SECTION 21. G.S. 14- 269(b) is amended by adding the following new <br />subdivisions to read: <br />"(4d) Any person who is a North Carolina district court judge, North Carolina <br />superior court judge, or a North Carolina magistrate and who has a <br />concealed handgun permit issued in accordance with Article 54B of this <br />Chapter or considered valid under G.S. 14- 415.24; provided that the person <br />shall not carry a concealed weapon at any time while consuming alcohol or <br />an unlawful controlled substance or while alcohol or an unlawful controlled <br />substance remains in the person's body. The judge or magistrate shall secure <br />the weapon in a locked compartment when the weapon is not on the person <br />of the judge or magistrate; <br />Any person who is serving as a clerk of court or as a reizister of deeds and <br />who has a concealed handgun permit issued in accordance with Article 54B <br />of this Chapter or considered valid under G.S. 14- 415.24; provided that the <br />person shall not carry a concealed weapon at any time while consuming <br />alcohol or an unlawful controlled substance or while alcohol or an unlawful <br />Attachment number 3 <br />House Bill 937 - Ratified Session Law 2013 -369 Pa 13 <br />G -2 Page 7 28 <br />
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