Other than honorable discharge with a concealed permit?


C

cityjack

New member
Evening all,

First time posting here as I stumbled upon this good site while Googling the question I have for you all. I just purchased a handgun with a permit from a shop in Charlotte a couple weeks back. Caldwell county gave me the permit no problem. Took four days, not too bad. As my VA concealed permit is no longer good since I am now a resident of NC, I decided to take the class to get the certificate so I could apply for my concealed here in NC. Took the class, got my certificate and set my appointment up at the sheriffs to get fingerprinted. Upon reading the requirements it says that I can be declined if I have anything other than a Honorable discharge. 30 some odd years ago while in the navy I received an other than honorable for being young and stupid. No civilian conviction, no military conviction, just the OTH. Am I screwed now? How can they give me a purchase permit and not a concealed. I have looked and looked for the statutes, but I do not see anything.

Any help would be greatly appreciated. I did the customary search here but get conflicting stories.

Thanks guys.

Sid
 

Your OTH discharge does not preclude you from owning a firearm as far as Federal law goes.
N.C is one of those states that require an Honorable Discharge for a concealed permit.
 
As missoak mentioned, you don't need a ccw permit to buy and own a gun. In Indiana, and I would guess in NC, you can keep one in your home for home defense without a permit (don't take my word for it - check the laws). Since it says you 'can' be declined for the OTH and not that you 'will' be it might be a good idea to wait until you either get your ccw or a letter telling you you've been declined. If declined, it may be something you can appeal since this was 30 years ago. And if that doesn't work, maybe you could get a Florida non resident permit that would let you carry in NC. I'm just throwing out ideas- so do your homework or hope someone who knows more than me tells you what to do :victory:
 
FL has a similar stipulation for a CWP. Try reading here: Link Removed

In NC, I believe the wording around the discharge reads: "must have been discharged under honorable conditions."
Link Removed

Good luck!
 
I am not sure why NC thinks the community will be safer without you having a CCW because of the OTH when they will allow you to own a firearm anyway. Some states say you have to have "training" to have a CCW but not to open carry. The logic escapes me. I suspect it is just a continuation of "punishment" they think you deserve. If you want to clear it up with the military you can petition to have the OTH upgraded to a higher level. Young people make horrendous mistakes without fully understanding the consequences. Somehow our society has to come to grips with a new way of thinking. Most folks know who Martha Stewart is...she sells towels and stuff and makes fancy center pieces for Thanksgiving tables. Anyhow because she may not have been completely forthright with a federal investigation she is prohibited forever from possessing a firearm, whereas OJ Simpson, on the day he was acquitted of murder could go out and buy all the damned guns he wanted and probably get a CCW in California or NC for that matter. The absence of a conviction for a serious crime does not mean that a particular person should even own a water pistol. I know a person with a stellar military career that never should have been allowed to play with firearms. He was a very violent person...just nobody knew it except his spouse and children. We are not a country about logic...only about making sure all the i's are dotted and the t's are crossed.
 
You can get a Virginia non-resident permit and carry in NC, even as a NC resident. NC recognizes all permits issued by any other state. Quote from DoJ website: " Effective December 1, 2011, North Carolina automatically recognizes concealed carry permits issued in any other state." Direct link: Link Removed
 
Other than Honorable discharge, can mean a number of things. For example there are discharges from military service that are listed as "under honorable conditions" and yet they are not Honorable discharges. Such as a General discharge under honorable conditions.
~
You need to do as much research as possible to find a way to achieve your goal of being able to carry. Don't get discouraged and don't give up, there will be away for you to carry and YOU need to find out what it is and get it done.
 
Howdy,

TrapperBob said:
You can get a Virginia non-resident permit and carry in NC, even as a NC resident. NC recognizes all permits issued by any other state. Quote from DoJ website: " Effective December 1, 2011, North Carolina automatically recognizes concealed carry permits issued in any other state." Direct link: Link Removed
Click to expand...

At the same time all it would take is an anti-gun DA/PA to try to railroad the OP if possible.

I was in the military back in the 80's and part of my duties stateside was to capture and transport deserters, UAers, etc. and I saw numerous young men and women end up with OTH discharges strictly because they were either young and dumb and had something beyond their control cause them to be discharged.

cityjack,

After all these years "IF" you have your ducks in a roll and can prove it, go to your US Senator or US Rep and have your discharge upgrade to a "General under Honorable Conditions".

This path is available for people who made a mistake when they were a dumbass kid but have now got their life straightened out.

HTH

Paul
 
dogshawred said:
Other than Honorable discharge, can mean a number of things. For example there are discharges from military service that are listed as "under honorable conditions" and yet they are not Honorable discharges. Such as a General discharge under honorable conditions.
~
You need to do as much research as possible to find a way to achieve your goal of being able to carry. Don't get discouraged and don't give up, there will be away for you to carry and YOU need to find out what it is and get it done.
Click to expand...
In NC, you can get a CCW with a general "under honorable conditions" discharge.
 
Thank you all for your help and since you guys have been forthright about everything and examples, I decided to come back and give you the absolute latest from my sheriffs dept.

I called them the day after I put the app in and got fingerprinted and told them I made an honest mistake about the box I checked for the discharge for Armed Forces and need to change that to "Yes". The lady/deputy who took my prints and paperwork, which was the SAME woman who gave me my purchase permit 3 weeks ago, said she wanted to check with her supervisor to make sure. I told her NC law as I read it says, the sheriff MUST deny applicant if the discharge is ANYTHING but Honorable. I then told her mine was OTH and told her to change my app. She just called me back and told me her supervisor said in Oct of last year the state could no longer require a DD214 form. So I asked her do I change my app or no. She said no because there was no DISHONORABLE discharge that came back, as in when we did your purchase permit app 3 weeks ago. "You are good to go". She seemed more worried that I would lose my 90 dollars. More so than I was. I told her, I didn't care about the 90 bucks, I just didn't want the sheriffs dept. to think I was trying to pull a quick one on them. She said "do not worry, you are clear and good to go". We will now submit for the mental checks from the three surrounding institutions. Shouldn't be much more than 30 days she said although they have up to 90. Depends on how busy Raleigh is.

Go figure huh? How is it when we look at NC gun laws I see, must deny, and they see something else. Am I looking in the wrong place?

I guess I'll just sit and wait. Funny thing is, when I took the concealed class to get my certificate, the instructor said, in all of his 12 or so years of teaching the class, he never had anybody denied if they were already approved for the purchase permit. I thought I was going to be the first.

Just an FYI guys.

Lastly, you guys are also right about getting the discharge upgraded if that's what you want to do. They rarely ever do it. I put in for mine like 10 years ago. Gave history of my stupid decision back then. My education now, my career, involvement in the community and schools, background and family. All of it meant not a thing. Basically they came back and said AFTER LIKE 18 MONTHS OF WAITING, what you did then is what you did then and you got what you got for what you did. That discharge was for then not now. Thank you sir. Carry on smartly sailor.

Have a nice day guys.

Sid
 
Thanks for the input. i do not doubt your words sir about "General under honorable". But why in the heck does the latest NC statute under "NC gun laws" read............Sheriff MUST deny for anything other than honorable? The statute makes no notes under that line saying except for this or maybe that or sometimes it could be. It almost seems as if the there was a law passed that their current online postings are not keeping up with. I am reading this directly from the NCleg or NCDOJ sites.

Thanks

Sid
 
Sid,

Good afternoon sir. Hopefully you were able to receive your CCW license recently. I am currently in the process of getting discharged with an OTH discharge from the USCG. I'm not sure if it will still stick, but I received my CCW license last year while being stationed in Florida, so I'm assuming the license should be good until it expires for NC.

The reason I am replying to your post sir, is I am quite concerned as to future after the Service. After looking online and hearing from a few others, I am just concerned that the hard work and sacrifices I have made while serving for 8 years will all be skewed now due to earning this discharge through some dumb decision-making on my part. I just wanted to you on your experiences, since it seems like you have done real well after the Service. Thank you very much for your input in this matter.

-Eric
 
Hey Eric,

I did the same thing when I was 21 years old. Stupid decision and failed a random exam. I am now 51 and never EVER have I had a problem getting a job before college, my degree in engineering, or any employment after that. However, I have never worked for a government institution since the Navy. I have passed numerous background checks as well as held CCW's in two different states and now NC. Don't sweat it man. We all do stupid things at some point. Its the stupid ones that continue to make those same mistakes and don't learn from them.
Go about your life and just do the right thing. You'll have no problem finding employment, provided you do not need some sort of security clearance or exhaustive military background check. I have worked at quite a few different fortune 500 companies and never had a problem.

Have a good holiday and just relax. just keep doing the right thing and all will be fine. By the way, your CCW will be expired the minute you become an NC resident. Reciprocity is only honored when you are a resident of another state. When you become a NC resident, you MUST get a CCW issued by NC. I know. I thought the same thing when I tried to purchase here in NC with my still valid VA CCW. Store owner clued me in and said I was very lucky I hadn't been pulled.

Just an FYI in case you didn't know.

Good luck.

Sid
 
Lastly, you guys are also right about getting the discharge upgraded if that's what you want to do. They rarely ever do it. I put in for mine like 10 years ago.
Click to expand...

You are most certainly correct. My best friend received a other than honorable discharge in 1974. He is a solid citizen, CEO of large Florida Corp, numerous college degrees and a spotless civilian record . But he just can't get the US Army (and the US Gov) to amend it. It seems hopeless in most cases.
 
I received a OTH discharge about 9 years ago (young and dumb, drinking a lot/UA) and about 4-5 years ago got purchase permits in 3-4 days no problem in my county of residence at the time (franklin county NC). Here I am now have applied for permits through my county now (Nash, NC) and they are scrutinizing me about the discharge. I have had to provide a DD-214 along within an explanation. In franklin county they had no problem and issued permits in a few days. I am taking the ccw class this weekend and now reading this it seems I need to contact the Sheriff's department to get an answer whether I would be eligible before I hand over the $90 and it get thrown down the drain. I'm sure if I was still in Franklin county they wouldn't bat an eye but it seems my Sheriff wants to be a hard ass. I have stayed out of trouble except for a couple traffic violations in the past 9 years so I hope they will take into consideration that I have grown up a lot, being now with my family, kids etc. I'm sure if they deny it I would further understand why there are so many illegal gun owners.
 
Morning all,

the statutes in my little opinion are very misleading. When I took my CCW class someone asked the very knowledgeable instructor, once you take this class do they usually grant. Or something to that effect. The instructor said, I have never had a student that was able to get a purchase permit then be denied a CCW. Now how he ever kept up with all his students, who knows.
When I filled out the paperwork for my CCW, I checked "No" in the discharge box thinking it was the same as on the purchase permit papers. Then after getting home I read the statutes off the NCDOJ gun laws page very carefully. I had then decided to contact the sheriffs office and let them know the very next day. Twenty four hours had not even gone by. I told the lady I think I made a mistake on the form and need to change. She at first was more worried about getting me my 90 bucks back. i told her do not worry about the money, I just want to be honest and not appear as if I am lying. She came back like a minute later after asking a superior. She said do not worry about it. We are now not allowed to ask you about your discharge any longer and you should be fine.
I left it at that. No mention of a DD214 or anything else. I hung up and crossed my fingers for almost three months. I as I said was granted the CCW.

Good luck sir.

Sid
 
Thanks Sid. I will contact my SO in advance to make sure and if they tell me a definite no I will go the VA nonresident route. I have family in VA so it wouldn't be much for me to head up one Friday.
 
cityjack said:
As my VA concealed permit is no longer good since I am now a resident of NC
Click to expand...

Just FYI, VA permits are valid until they either expire or are revoked. Moving doesn't invalidate it. You can apply for a non-resident through VSP since your now a non resident, gotta send them a pic because non-resident permits have your pic on them but your old permit is still valid unless something has changed. You can verify with your former circuit court.
 
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