A North Carolina judge signed a consent decree between Grass Roots North Carolina (GRNC), Gun Owners of America (GOA), Gun Owners Foundation (GOF), and Mecklenburg County North Carolina Sheriff Garry L. McFadden.
The three gun rights groups teamed up to sue failed reality TV star Sheriff McFadden and Mecklenburg County over delays in issuing concealed carry permits. Mecklenburg County is the largest county in the state and includes the largest city in North Carolina, Charlotte. Under North Carolina law, an issuing agency, in this case, the Mecklenburg County Sheriff’s Department, has 45 days to issue a permit to an applicant.
Previously, GOA, GRNC, and GOF sued Sheriff McFadden in court because he required applicants to get fingerprinting through the Sheriff’s Department before they would accept a residence’s concealed carry application. The wait time for an appointment for fingerprints was nine months, much longer than anywhere in the state. Sheriff McFadden would fight back in court, stating that he was following the law and that the delays were legal. Unfortunately for McFadden, and fortunately for the gun owners of Mecklenburg County, the judge ruled for the plaintiffs and issued an injunction, meaning that the Sheriff’s Department would have to accept applications starting at the 45-day clock without fingerprints. The Sheriff’s Department would also have to give fingerprint appointments within that time frame.
This injunction should have ended the delays in issuing concealed carry permits, but Sheriff McFadden had another idea instead of using the fingerprinting process to delay permitting issuing. He would use a North Carolina law allowing issuing agencies to request mental health records to delay the process. The Sheriff would request mental health records from the Department of Veterans Affairs (VA) even if a person never served in the military.
This tactic would flood the VA with mental health records requests. The VA tends to issue slow responses or no responses to these types of requests. Sheriff McFadden would use these delays to avoid the 45-day deadline. The Mecklenburg County Sheriff’s Department would refuse to issue a permit until the mental health records were received and reviewed.
To the original plaintiffs, this action was just another delay tactic by Sheriff McFadden and his department. The three groups would file another lawsuit against the star of “I Am Homicide” and other failed reality TV shows. This time, Sheriff McFadden read the writing on the wall and gave in. The Sheriff would sign a consent decree with the organizations.
Sheriff McFadden agreed not to request mental health records unless an applicant admits to seeking mental health help from the VA, which is state law. Because of the VA’s long lead times, the Sheriff’s Department will issue concealed carry permits within 45 days even if the VA has not responded. The Mecklenburg County Sheriff’s Department has also agreed to cover some of the plaintiffs’ legal fees.
“We are pleased that we have accomplished all of the policy changes we sought,” GRNC President F. Paul Valone told AmmoLand News. “Between the two lawsuits we filed against Sheriff McFadden and our repeal of the Jim Crow-era pistol purchase permit system, permits will be issued within the time required by law, and handgun purchases will no longer be obstructed, enabling citizens to better protect their families.”
The judge agreed to the consent decree on Wednesday, putting the agreement into place. Many believe Sheriff McFadden will try to spin the loss as a win. However, being forced to pay the other side’s legal fees shows the public the real winners. Those winners are the gun owners of Mecklenburg County.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
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