I was convicted of a Class 2 misdemeanor DWI in Jan. 2014. I recently applied for a pistol purchase permit after spending hours searching through NC laws about the matter and the situation the DWI put me in. It is my understanding that a CCW permit can NOT be given to somebody w/ a DWI in the past 3 years, but nowhere does it state a reason for denial of a ppp. Any help would be greatly appreciated!
Also I live in Pitt County. What steps do I take to appeal this denial??
You are probably going to have to speak with a lawyer about this. First off, I've never heard of a class 2 DWI. There are Level 2 DWIs and then there a class 2 misdemeanor called Driving after consuming alcohol while being under 21.
I do not know on what grounds the Sheriff denied you application, but there is some legal authority to suggest that anyone convicted of a DWI in North Carolina is prohibited from possessing a firearm under federal law.
To try to explain the issue as quickly as I can in this forum, federal law prohibits persons convicted of certain crimes from possessing a firearm. Those crimes are generally what you would think of as felonies. However because some states (New Jersey) for example do not divide their crimes into felonies and misdemeanors, the Feds have an alternative method of deciding who is barred from possessing a firearm. In a nutshell, if you are convicted of a crime for which the penalty can be more than two years, then you are barred from possessing a firearm under federal law whether or not the crime is considered a misdemeanor or a felony. Since the most serious type of DWI, known as aggravated level 1 ( or Level A1) is punishable by up to three years. If there is only one crime of DWI in Borth Carolina then anyone convicted of DWI is barred from possessing a firearm.
Now this is an argument that could be challenged in court. The sheriffifht also have had a different reason for denying the application. I strongly recommend that you speak with an attorney who practices in Pitt County about this.
PS. I apologize for typos. I answered this on my phone and I cannot see part of the answer. So it may be full of typos.
Christopher James WelchCriminal Defense AttorneyJacksonville, NC ·
I am not sure exactly why they would deny you a purchase permit if the DWI is on your record, but one possibility is due to some changes in state DWI law that are triggering some federal gun prohibitions. Rather than rehashing the entire logic behind this, let me give you a link to a discussion from the NC Institute of Government which was the source for this theory.
Was this a Level 2 DWI?
What was the reason for denial given in the letter you received from the Sheriff's Department?
In terms of appealing the denial, it is very helpful to have an attorney who's dine such appeals assist you. Drafting and arguing such an Appeal isn't really layperson's work.
Robert H. GermanDUI / DWI AttorneySpring Lake, MI ·
I am licensed to practice law in Michigan but I am familiar with North Carolina law. The letter from the Sheriff may have been interpreted as a denial for a CCW. There is nothing in the federal law which would prohibit you from purchasing a pistol. The Sheriff could have registered a complaint with the BATF causing them to deny you the purchase of a pistol but that would be a stretch. You need a lawyer who is familiar with NC firearms law and DWI law to assist you.
You can argue that a Level 2 DWI does not disqualify you from possessing a firearm as a Level 2 DWI carries only one year in prison while the federal firearms statute prohibits possession of a firearm by one convicted of a crime "punishable by a term of imprisonment exceeding one year."
