by Pistol purchase permits in North Carolina should be you go to the sheriff’s office, fill out a form, pay your $5, wait 15 minutes while they run you against those in the databases, and you walk out with your permit. However, that was not the way it was happening in Charlotte and Mecklenburg County. Sheriff Gary McFadden was taking upwards of a year to process some purchase permits as well as on NC Concealed Handgun Permits. He was using the pandemic as an excuse.
As a result, McFadden got sued and now a preliminary injunction is forcing him to start processing permits without further delays. This is a great win for the combination of Grass Roots North Carolina and Gun Owners of America who worked together on this.
From GRNC:
Release date: May 9, 2022
Judge Orders Mecklenburg Sheriff to Issue Handgun Permits Sheriff Garry McFadden enjoined by Court from delaying handgun permits
[Charlotte] In response to litigation filed by Grass Roots North Carolina (GRNC) and Gun Owners of America (GOA) over delays in handgun permits, a Superior Court judge has issued a preliminary injunction enjoining Mecklenburg County Sheriff Garry McFadden from further delays.
Says the order:
“…the Court concludes as a matter of law Plaintiffs have shown a likelihood of success on the merits and are likely to suffer irreparable harm in the absence of injunctive relief…”
The order enjoins McFadden from: 1. Failing to process pistol purchase permit applications within the 14 days required by North Carolina statute; 2. Failing to process concealed handgun permit applications within the 45 days required by statute; 3. Failing to request mental health records to process concealed handgun applications within 10 days as required by statute; and 4. Failing to process fingerprints for concealed handgun permits within 5 business days.
To see the order, go to: https://www.grnc.org/documents/meck-prelim-injunction.pdf
Statement from GRNC president Paul Valone:
“In violation of North Carolina law, Sheriff Garry McFadden has been dragging his feet in processing North Carolina pistol purchase permits and concealed handgun permits, often taking up to a year to issue permits and preventing lawful North Carolinians from buying and carrying handguns for defense of themselves and their families.
“We believe this order sends a clear message to sheriffs in Guilford, Mecklenburg and Wake counties, among others, that obstructing lawful citizens from exercising the right to keep and bear arms will no longer be tolerated. To ensure compliance by a sheriff who has so far dragged his feet, Grass Roots North Carolina advises anyone whose fingerprints are not taken with five business days of completing a concealed handgun application to contact us immediately.”
“GRNC thanks Attorney Ron Shook for volunteering his time to litigate this case for our members. Ron is one of our ‘gun-friendly lawyers and helps people state-wide in fighting for their Second Amendment rights. Ron’s contact information can be found on our website under the ‘gun-friendly’ lawyers tab.”
Background:
For years, GRNC has received complaints from Mecklenburg County residents over unlawful delays in issuing pistol purchase permits and concealed handgun permits. Because all handgun transfers in North Carolina require either a pistol purchase permit or concealed handgun permit, lawful North Carolinians are being prevented from protecting their families at precisely the moment that violent crime is exploding around the country.
For more information: www.GRNC.org