Grass Roots North Carolina / Forum For Firearms Education
Post Office Box 10665, Raleigh, NC 27605
877.282.0939 (Phone) 919.573.0354 (Fax) www.GRNC.org

 

FOR IMMEDIATE RELEASE

 

Release date: October 14, 2022

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Gun group prepares second lawsuit against Mecklenburg Sheriff McFadden

McFadden continues to manipulate state law in what appears to be deliberate effort to stall permits

 

[Raleigh] Grass Roots North Carolina, the state’s primary gun rights group, announced this morning that it is preparing a second lawsuit against Mecklenburg County Sheriff Garry McFadden over continued delays in concealed handgun permits.

Pursuant to the first suit, McFadden is currently subject to a June 8, 2022 consent order requiring him to:

1. Process NC pistol purchase permit applications within the 14 calendar days required by law, and issue permits to qualified applicants immediately as required under G.S. 14-404(f).

2. Take fingerprints on the same day that a concealed handgun applicant presents at the sheriff’s office for fingerprinting.

3. Make all requests for mental health records for concealed handgun applicants within 10 calendar days of receiving the application, as required by G.S. 14-415.15(a);

4. Issue or deny concealed handgun applications within 45 calendar days and receipt of mental health records, as required by G.S. 14-415(a); and

5. Further enjoins McFadden from otherwise violating state law with respect to issuing pistol purchase permits and concealed handgun permits.

Said GRNC president Paul Valone:

“In apparent defiance of the consent order binding him as the result of our last lawsuit, Sheriff Garry McFadden continues to delay concealed handgun permits up to a year despite a law stipulating permits be issued in 45 days. Because none of the other 99 North Carolina counties are experiencing similar delays, we have concluded that McFadden appears to be flooding the Veterans Administration with requests for mental health records even for applicants who never served in the military.

“A provision in the majority opinion in New York State Rifle & Pistol v. Bruen, which struck down much of that state’s “may issue” concealed handgun law, creates a cause of action even against shall-issue permit systems like North Carolina’s if the issuing authority unduly delays permits. We believe that to be the case in Mecklenburg County and are preparing litigation on that basis. At this juncture, I am unable to say more.”