Lawsuit against Mecklenburg County Sheriff

After waiting 8 months for my renewal in Meck, I applied 12/21 for expiration in 3/22, I called and was told " we mailed it in June." I went same day and asked for it in person and received my permit. Never received any communication it was completed. Their website stills says it's processing.
 
woods204 said:
After waiting 8 months for my renewal in Meck, I applied 12/21 for expiration in 3/22, I called and was told " we mailed it in June." I went same day and asked for it in person and received my permit. Never received any communication it was completed. Their website stills says it's processing.
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You went recently?

And to be clear, they had the original permit in hand that they said was mailed in June?
 
So if this is a accurate…the hold-up is the VA? If you’re not a veteran, is there any reason you’d be in their system?

E6C5B488-5E39-44A7-99C9-7B2A0AE725E6.jpeg

I don’t have any idea what the % of the population are veterans, but this seems to be something a checkbox on a form could remove as an obstacle.

Best I can tell, my renewal from April should be getting processed…except an organization I’ve never visited, and have no reason to visit, may have documentation I’m mentally unstable. 🙄
 
BigWaylon said:
So if this is a accurate…the hold-up is the VA? If you’re not a veteran, is there any reason you’d be in their system?

View attachment 518617

I don’t have any idea what the % of the population are veterans, but this seems to be something a checkbox on a form could remove as an obstacle.

Best I can tell, my renewal from April should be getting processed…except an organization I’ve never visited, and have no reason to visit, may have documentation I’m mentally unstable. 🙄
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I applied in February.
 
BigWaylon said:
So if this is a accurate…the hold-up is the VA? If you’re not a veteran, is there any reason you’d be in their system?

View attachment 518617

I don’t have any idea what the % of the population are veterans, but this seems to be something a checkbox on a form could remove as an obstacle.

Best I can tell, my renewal from April should be getting processed…except an organization I’ve never visited, and have no reason to visit, may have documentation I’m mentally unstable. 🙄
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Major progress. They moved from ~Jan 24th, all the way to Feb 3rd in the last seven weeks.

D652C141-76AE-40F0-9229-05DDFCDAA77B.jpeg
 
If the holdup is the VA it looks like a talk with your senator and representative is in order.
Make sure they know you know how to vote and have friends that are interested in what happens.
 


GRNC suing again because of unnecessary VA delays for people who did not serve.
 
Timfoilhat said:


GRNC suing again because of unnecessary VA delays for people who did not serve.
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Excellent.

I sent Mark Robinson an email today. I have zero faith any of my Congress critters would’ve done anything.
 
Do we still have a GRNC rep on here?
 
BigWaylon said:
So if this is a accurate…the hold-up is the VA? If you’re not a veteran, is there any reason you’d be in their system?

View attachment 518617

I don’t have any idea what the % of the population are veterans, but this seems to be something a checkbox on a form could remove as an obstacle.

Best I can tell, my renewal from April should be getting processed…except an organization I’ve never visited, and have no reason to visit, may have documentation I’m mentally unstable. 🙄
Click to expand...
When we live in K'Ville, our neighbor's renewal was held up by the VA for 6 months. It took a letter from Burr's office for them to move. Apparently, anti-gun bureaucrats at the VA are taking this delay action.
When my wife and I renewed in 2019, it was quick. We got the renewed permits before the expiration dates.
 
Timfoilhat said:


GRNC suing again because of unnecessary VA delays for people who did not serve.
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Wonder if that triggered the update on the MCSO website?

This was the one I posted on 10/17:

E738E7D7-7698-45A6-9362-F5A459F38119.jpeg

And this is what it looked like today:

0F6717D6-1339-4002-9680-2484CE46E3DA.jpeg

So in two weeks, we miraculously made it through all of Feb, March and April…and all but three days of May?
 
BigWaylon said:
Wonder if that triggered the update on the MCSO website?

This was the one I posted on 10/17:

View attachment 542105

And this is what it looked like today:

View attachment 542106

So in two weeks, we miraculously made it through all of Feb, March and April…and all but three days of May?
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This just proves that our government is extremely efficient.
 
www.grnc.org

GRNC.ORG

GRNC.ORG is North Carolina's only no compromise gun rights organization.
www.grnc.org www.grnc.org

Mecklenburg County Sheriff Sued​

Again Over Handgun Permits​



Grass Roots North Carolina, Gun Owners of America and ​

Mecklenburg residents file second suit over ​

obstructionism by Sheriff Garry McFadden​



[Charlotte] Grass Roots North Carolina (GRNC) and Gun Owners of America (GOA), together with three Mecklenburg County residents, are filing suit and a request for injunctive relief against Mecklenburg County Sheriff Gary McFadden over McFadden’s refusal to issue North Carolina pistol purchase permits and concealed handgun permits as required by law.

Press conference

A press conference will be held on the steps of the Mecklenburg County Courthouse to explain the reasons for the suit and possible outcomes.

Where: Mecklenburg County Courthouse, 832 E 4th St, Charlotte, NC 28202

When: 1:00 PM, November 28, 2022

Who: Representing the plaintiffs will be GRNC spokesmen Andy Stevens and Bryan Yerke

Why: The days of sheriffs denying lawful North Carolinians the right to self-defense are over.

Background

In 2021, GOA and GRNC filed suit against McFadden over delays in processing applications for both pistol purchase permits (PPPs) and concealed handgun permits (CHPs). The organizations won a preliminary injunction and then a June 8, 2022 consent order requiring McFadden 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).

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

McFadden’s continuing obstructionism

Unfortunately, recent complaints from Mecklenburg County concealed handgun permit applicants have revealed:

► Continuing delays of more than 1 year for concealed handgun permit applications despite state law requiring permits required to be issued in 45 days.

► No delays in NC’s other 99 counties: Reports CHP application delays are now coming only from Mecklenburg County, not from any of the state’s other 99 counties.

► McFadden is exploiting a loophole in NC law:

  • § 14-415.12 requires CHP applicants not “suffer from a physical or mental infirmity that prevents the safe handling of a handgun.”


  • § 14-415.15 (a) says: “within 45 days after receipt of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny the permit.”


  • Although the statute does not stipulate what inquiries are required or permitted, normal practice is for sheriffs to submit requests to, at most, local mental health facilities.


  • Unlike other sheriffs, McFadden is flooding the Veterans’ Administration (VA) with record requests not only for military veterans, but for ALL concealed handgun permit applicants, including those who never served in the military, creating a backlog at the VA which is, in any case, under no obligation to provide background check services for non-veterans.


  • McFadden is misinterpreting § 14-415.15 (a) by falsely claiming that he has 45 days AFTER receipt of mental health records to process applications even though the statute clearly says 45 days AND receipt of mental health records.
Lawsuit details

► The complaint and request for injunctive relief is being made in U.S. District Court For The Western District Of North Carolina.

► The complaint alleges violation of both the Second and Fourteenth Amendments;

► Among specifics of the complaint:

  • CHP delays arise from McFadden’s decision to make numerous irrelevant mental health records requests to the VA.


  • Other sheriffs are able to issue or deny all CHP applications within the statutory 45-day window, yet McFadden is dragging out application processing for more than a year.


  • The complaint cites the recent U.S. Supreme Court decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, alleging mental health checks are being used as “abusive ends,” namely “lengthy wait times in processing licensing applications,” which “deny citizens their right to public carry.”


  • Records requests to the VA are redundant, since under the “NICS Improvement Act of 2007,” the VA is required to report mental health disqualifications to the National Instant Background Check system, which state law requires sheriffs to access when processing applications.
Said GRNC president Paul Valone:

“Despite a consent order requiring him to obey North Carolina law, Sheriff Garry McFadden appears to be deliberately delaying and obstructing concealed handgun permit applications by flooding the Veterans Administration with records requests, even for applicants who never served in the military.

“McFadden seems to think he can play a game of “Whac-A-Mole” in which we win an injunction and consent order requiring him to issue handgun permits in compliance with North Carolina law, only to have him exploit yet another abusive interpretation of the law.

“But McFadden is mistaken. As we have said previously, Grass Roots North Carolina and Gun Owners of America will file as many lawsuits as necessary to ensure that this sheriff and other sheriffs comply with the law.

“With our legal hand strengthened by the recent Supreme Court decision in NY State Rifle & Pistol Assoc. v. Bruen, we have a strong position to win this suit, meaning McFadden’s obstructionism serves only to unfairly burden the taxpayers of Mecklenburg County with the costs of pointless litigation.”
 
Brings to mind a story I heard about a Sheriff down in FLA back in the 30’s or 40’s gettin’ hisself assassinated - in his own home - for pushing people too far ..
 
So much for “weekly”…

Nothing on the 16th, 23rd, or (so far) 30th. And mine is still showing pending assignment.

E141833F-C0EE-49A7-8976-8888ACC46DF3.jpeg
 
cubrock said:
The lawsuit was on the news yesterday.
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Yeah…I didn’t watch, but there was supposed to be a speech or something on the steps of the court. I think it was GRNC and three Meck Co residents.
 
BigWaylon said:
So if this is a accurate…the hold-up is the VA? If you’re not a veteran, is there any reason you’d be in their system?

View attachment 518617

I don’t have any idea what the % of the population are veterans, but this seems to be something a checkbox on a form could remove as an obstacle.

Best I can tell, my renewal from April should be getting processed…except an organization I’ve never visited, and have no reason to visit, may have documentation I’m mentally unstable. 🙄
Click to expand...


potentially, non-veterans can receive care at va facility's under certain circumstances
 
Diablos said:
potentially, non-veterans can receive care at va facility's under certain circumstances
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True, dependents use the VA. My mom has been to Walter Reed in DC several times and Wolmack at Bragg a lot.
 
The sheriff is being interviewed for the next hour on WBT radio in Charlotte right now.
1110am
 
Hashknife said:
The sheriff is being interviewed for the next hour on WBT radio in Charlotte right now.
1110am
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Can’t pick it up. Please provide the Cliff notes.
 
The idiot doing the interview has taken ONE call in the first 30 minutes. He is pathetic.

Apparently ALL CWP requests/renewals are sent to the VA first, then when (if) the Sheriffs office gets them back, the 45 day period starts... (??) The Sheriff says he is only utilizing the "system" that was already in place before he got there.
The host is "not a gun guy" but thinks this is a good idea....

7:45pm... 2 calls in 45 minutes.. The first call was CWP related, the second call was not. I've been on hold with WBT for 36 minutes...

7:50pm... Call #3 is not about the CWP subject...

7:52pm... Call #4 is VA/CWP related. The caller thinks Veterans do not need to be vetted for CWP. He is asking about kids playing violent video games and being a liability when firearms are concerned. The sheriff thinks "we" need to examine the games and music todays kids are exposed to.

7:57pm... Still on hold

7:58pm... Call #5 not CWP related

8:00pm... WBT did not take my call..


Basically the interview was the blind leading the blind...


I think the GRNC should request equal air time on this show. It airs nightly M-F from 7-8pm..


Screenshot_20221208-193012.png
 
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My 45 days is up on Saturday. 🤔
 
Ok…so they’re officially in violation of the law with mine, even using their own made-up crap.

7EF0A63A-E4D9-4BE3-855F-DFAE00C7F12C.jpeg

Last I checked, today is the 13th. Nothing.

FDA40A6F-B5BF-4D82-84E0-E6F09FD1EAB7.jpeg

Still shows processing. I never got an email when it changed from “to be assigned” to “pending”. I submitted on 4/18. But let’s be generous and say it was the 19th since it was after hours. Either way, the 45 days have passed and they’re not in compliance.


Was also told Sunday that the Sheriff has illegally been in office for the last nine months or so. Something about him not being bonded?
 
BigWaylon said:
Ok…so they’re officially in violation of the law with mine, even using their own made-up crap.

View attachment 559117

Last I checked, today is the 13th. Nothing.

View attachment 559116

Still shows processing. I never got an email when it changed from “to be assigned” to “pending”. I submitted on 4/18. But let’s be generous and say it was the 19th since it was after hours. Either way, the 45 days have passed and they’re not in compliance.


Was also told Sunday that the Sheriff has illegally been in office for the last nine months or so. Something about him not being bonded?
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Per the NC General Statutes, if the Sheriff is not bonded, then he isnt the Sheriff and is operating off the books. I assume a paid bond would be public record.
Screenshot_20221213-121730.png
 
Hashknife said:
Per the NC General Statutes, if the Sheriff is not bonded, then he isnt the Sheriff and is operating off the books. I assume a paid bond would be public record.
View attachment 559131
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I don’t know how the guy that told me that knew it. He’s a first responder (EMT or something) in Cabarrus County.

Surely GRNC would be aware of this…
 
Ironically,

WBT midday host Pete Kaliner is getting ready to talk about the CWP interview that Brett Jensen did with the Sheriff last week. Meck county is the only county in NC having a problem.

1110am WBT radio can be livestreamed from their website. I think they will be discussing this issue after 1pm today.
 
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Hashknife said:
Meck county is the only county in NC having a problem.
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…because I believe they’re the only one submitting requests to the VA. That’s right, 1 out of 100 has chosen to do that. So stupid.
 
BigWaylon said:
…because I believe they’re the only one submitting requests to the VA. That’s right, 1 out of 100 has chosen to do that. So stupid.
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Tune in and listen to WBT if you can. It should be interesting.
 
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