(a) Except as permittedunder subsection (b) of this section, within 90 days after receipt of the itemslisted in G.S. 14‑415.13 from an applicant, the sheriff shall eitherissue or deny the permit. The sheriff may conduct any investigation necessaryto determine the qualification or competency of the person applying for thepermit, including record checks.
(b) Upon presentment tothe sheriff of the items required under G.S. 14‑415.13 (a)(1), (2), and(3), the sheriff may issue a temporary permit for a period not to exceed 90days to a person who the sheriff reasonably believes is in an emergencysituation that may constitute a risk of safety to the person, the person'sfamily or property. The applicant may submit proof of a protective order issuedunder G.S. 50B‑3 for the protection of the applicant as evidence of anemergency situation. The temporary permit may not be renewed and may be revokedby the sheriff without a hearing.
(c) A person'sapplication for a permit shall be denied only if the applicant fails to qualifyunder the criteria listed in this Article. If the sheriff denies theapplication for a permit, the sheriff shall, within 90 days, notify theapplicant in writing, stating the grounds for denial. An applicant may appealthe denial, revocation, or nonrenewal of a permit by petitioning a districtcourt judge of the district in which the application was filed. Thedetermination by the court, on appeal, shall be upon the facts, the law, andthe reasonableness of the sheriff's refusal. The determination by the courtshall be final. (1995,c. 398, s. 1; 2005‑343, s. 1.)
(a) Except as permittedunder subsection (b) of this section, within 90 days after receipt of the itemslisted in G.S. 14‑415.13 from an applicant, the sheriff shall eitherissue or deny the permit. The sheriff may conduct any investigation necessaryto determine the qualification or competency of the person applying for thepermit, including record checks.
(b) Upon presentment tothe sheriff of the items required under G.S. 14‑415.13 (a)(1), (2), and(3), the sheriff may issue a temporary permit for a period not to exceed 90days to a person who the sheriff reasonably believes is in an emergencysituation that may constitute a risk of safety to the person, the person'sfamily or property. The applicant may submit proof of a protective order issuedunder G.S. 50B‑3 for the protection of the applicant as evidence of anemergency situation. The temporary permit may not be renewed and may be revokedby the sheriff without a hearing.
(c) A person'sapplication for a permit shall be denied only if the applicant fails to qualifyunder the criteria listed in this Article. If the sheriff denies theapplication for a permit, the sheriff shall, within 90 days, notify theapplicant in writing, stating the grounds for denial. An applicant may appealthe denial, revocation, or nonrenewal of a permit by petitioning a districtcourt judge of the district in which the application was filed. Thedetermination by the court, on appeal, shall be upon the facts, the law, andthe reasonableness of the sheriff's refusal. The determination by the courtshall be final. (1995,c. 398, s. 1; 2005‑343, s. 1.)
(a) Except as permittedunder subsection (b) of this section, within 90 days after receipt of the itemslisted in G.S. 14‑415.13 from an applicant, the sheriff shall eitherissue or deny the permit. The sheriff may conduct any investigation necessaryto determine the qualification or competency of the person applying for thepermit, including record checks.
(b) Upon presentment tothe sheriff of the items required under G.S. 14‑415.13 (a)(1), (2), and(3), the sheriff may issue a temporary permit for a period not to exceed 90days to a person who the sheriff reasonably believes is in an emergencysituation that may constitute a risk of safety to the person, the person'sfamily or property. The applicant may submit proof of a protective order issuedunder G.S. 50B‑3 for the protection of the applicant as evidence of anemergency situation. The temporary permit may not be renewed and may be revokedby the sheriff without a hearing.
(c) A person'sapplication for a permit shall be denied only if the applicant fails to qualifyunder the criteria listed in this Article. If the sheriff denies theapplication for a permit, the sheriff shall, within 90 days, notify theapplicant in writing, stating the grounds for denial. An applicant may appealthe denial, revocation, or nonrenewal of a permit by petitioning a districtcourt judge of the district in which the application was filed. Thedetermination by the court, on appeal, shall be upon the facts, the law, andthe reasonableness of the sheriff's refusal. The determination by the courtshall be final. (1995,c. 398, s. 1; 2005‑343, s. 1.)
