by Sheriff Garry McFadden of Mecklenburg County, NC had a disingenuous way of delaying the issuance of NC Concealed Handgun Permits. Under the guise of investigating an applicant’s mental health status, he would have all applicants’ names sent to the Veterans Administration for a copy of their records. Notice I said all. The VA would be getting requests for mental health records for applicants who had never, ever served in any branch of the US military. This created both a paperwork headache for the VA and a prolonged delay for the applicant.
Based on this, Grass Roots NC, Gun Owners of America, and individual sued in US District Court for the Western District of NC. It appears a settlement is in the works which still requires the approval of Judge Max O. Cogburn, Jr.
GRNC released the following last night.
In recent days, a press release from the Mecklenburg County Sheriffs’ Office (MCSO) has caused Charlotte news media to prematurely report a settlement in the lawsuit filed by Grass Roots North Carolina, Gun Owners of America, and individual plaintiffs against Mecklenburg County Sheriff Garry McFadden.
Per advice from GRNC’s legal team, we have so far refrained from giving details of the settlement. Given MCSO’s public statement adding “spin” to McFadden’s defeat, however, GRNC is compelled to tell the truth about what has been tentatively agreed to by the parties.
At issue are what appear to be intentional delays in issuing concealed handgun permits (CHPs) by McFadden, who previously sent mental health record requests to the Veteran’s Administration for all permit applicants, regardless of whether they served in the military, flooding the VA with paperwork in order to create delays in permits.
This is the second lawsuit GRNC and GOA have filed against McFadden over permit delays. Between the two suits, GRNC and GOA have ended McFadden’s gun permit delays in the following ways:
- Repealing NC’s Jim Crow-era pistol purchase permit law, used by urban sheriffs to delay handgun purchases;
- Ending the MCSO practice of requiring CHP applicants to schedule appointments, often months ahead, to apply;
- Ending the practice of sending mental health records requests to the VA for all applicants;
- Requiring the sheriff to make mental health record requests only for applicants who have previously sought mental health treatment (tentative); and
- Paying $5,000 toward damages and legal fees suffered by the plaintiffs (tentative).
Most amusing was McFadden’s statement that he will continue to “inquire of each applicant whether the applicant has sought mental health treatment.” In truth, he is required to do so. In fact, it is a part of the CHP application form stipulated by the NC Administrative Office of the Courts.
While we are disappointed that McFadden refuses to pay the full legal fees incurred by those denied their rights due to his malfeasance as a public servant, as a public policy organization, GRNC is happy that McFadden has capitulated on permit delays.