GRNC & GOA Win Preliminary Injunction Against Mecklenburg County NC Sheriff

Mecklenburg County, North Carolina Sheriff, and reality TV star Garry McFadden
Mecklenburg County, North Carolina Sheriff, and reality TV star Garry McFadden.

CHARLOTTE, NORTH CAROLINA -(Ammoland.com)- Gun Owners of America (GOA) and Grass Roots North Carolina (GRNC) won a preliminary injunction against Mecklenburg County, North Carolina Sheriff, and reality TV star Garry McFadden.

Residents of the state need a handgun purchase permit or a concealed carry permit to buy a handgun in North Carolina. Local Sheriff’s departments issue these permits within the state. During the COVID pandemic, the Mecklenburg Sheriff’s Department fell behind on issuing permits. According to state law, the Sheriff has 45 days to issue the permit. It took up to ten months for the Sheriff’s Department to issue either permit.

Gun ownership saw a massive explosion during the COVID pandemic. People felt that they needed the means to defend themselves and their families during the pandemic. It wasn’t just COVID that spurred the growth of gun ownership. Social unrest in major cities across the country caused Americans to seek out firearms. Mecklenburg County was not immune to the chaos. The county is home to the city of Charlotte.

McFadden claimed the delays in processing permits were due to a record number of applications and COVID.

Gun rights advocates point out that the Mecklenburg County Sheriff’s Department has a $136 million budget and 1,800 employees. Out of the 1,800 employees, only 18 employees were assigned to the permitting office.

Permitting is considered non-discretionary spending since it is required by state law. While the Sheriff’s office only assigned 18 employees to the permitting office, he assigned employees to discretionary activities like monitoring gun shows and handing out backpacks to kids.

GRNC and GOA sued Sheriff McFadden for violating state law on behalf of their members. The star of I Am Homicide claimed that his Department was caught up in processing the applications. But the Sheriff was counting on technicalities to hit that goal. The case judge seemed annoyed at the Department.

Hurry Up & Wait Delays

McFadden didn’t consider an application complete until his department fingerprinted the applicant. Most sheriff departments around the country do fingerprinting on a walk-in basis. The Mecklenburg County Sheriff’s Department required an applicant to make an appointment to meet the fingerprinting requirements. The average time for an appointment was two months. McFadden did not consider these delays when he stated that his department was caught up with their backlog.

In North Carolina, a gun owner must sign a HIPPA waiver letting the Sheriff’s Department request the applicant’s mental health records. Some believe the Department was delaying requesting the records. The Sheriff also didn’t consider the application complete until they received the applicant’s mental health records.

The judge in the case found that GRNC and GOA had a good chance of succeeding and therefore granted a preliminary injunction against the Sheriff. The judge ordered the Sheriff’s Department to complete fingerprinting within five days of receiving an appointment request. If fingerprinting isn’t done in five days, then Sheriff-McFadden could be held in contempt.

If McFadden is held in contempt, he could be fined, or he could be sent to jail in an extreme case.

GOA and GRNC would also accept Sheriff McFadden’s resignation as a remedy for a contempt charge. It is unlikely that the Sheriff would resign.

The legal counsel for the gun groups is Ron Shook, who represents the two groups pro-bono. He was happy with the judge’s decision. He is not taking any money because he believes in gun rights.

“The law is clear to everyone except for Sheriff McFadden, apparently,” Shook said. “Hopefully the Judge’s ruling in this case will give him some perspective on his Constitutionally mandated duties.”

Paul Valone, president of GRNC, saw the judge’s decision as a victory for gun owners in Mecklenburg County. He asks anyone that does not get a fingerprinting appointment within five days of requesting one to contact Grass Roots North Carolina (GRNC)immediately.

“In violation of North Carolina law, Sheriff Garry McFadden has been dragging his feet in processing North Carolina pistol purchase permits and concealed handgun permits, often taking up to a year to issue permits and preventing lawful North Carolinians from buying and carrying handguns for defense of themselves and their families,” Valone said.

“We believe this order sends a clear message to sheriffs in Guilford, Mecklenburg and Wake counties, among others, that obstructing lawful citizens from exercising the right to keep and bear arms will no longer be tolerated. To ensure compliance by a sheriff who has so far dragged his feet, Grass Roots North Carolina advises anyone whose fingerprints are not taken within five business days of completing a concealed handgun application to contact us immediately.”

Gun Owners of America pointed out that McFadden was enforcing racist gun laws. The permitting process was developed during Jim Crow to prevent minorities from getting firearms.

“Sheriff Garry McFadden is enforcing Jim Crow-era gun control with a vengeance,” said Erich Pratt, Senior Vice President of GOA. “State law requires the Sheriff to issue pistol purchase permits within 14 days and carry permits within 45 days. But on both accounts, Sheriff McFadden has refused to act in a timely manner—at times, forcing law-abiding gun owners to wait almost a year before they can exercise their constitutionally-protected rights.”

“This is yet another reason why North Carolina must enact permitless carry and repeal the requirement to secure a pistol permit before purchasing a handgun. Our right to bear arms in self-defense should not be put on hold by lawless sheriffs, who use their power to disarm innocent civilians.”

McFadden was scheduled to be deposed by GOA and GRNC attorneys but asked for a delay to work out a settlement. The only settlement the gun groups will accept is that McFadden follows the law.

AmmoLand News reached out to the Mecklenburg County, North Carolina Sheriff’s Office for comment on the judge’s decision. Public affairs officer Janet Parker promised to email over a comment, but as of this writing, AmmoLand News has not received the email response.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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olddognc

I LIVE IN NC BUT NOT THAT COUNTY. HAVEN’T HEARD OF ANY REQUIREMENT FOR HIPPA WHICH WOULD BE NOT PART OF THE 2A OR THE STATE’S RULES AS FAR AS I KNOW OF. JUST BACKGROUND CHECK AND $40 BUCKS WITH FINGER PRINTS

Doug G.

Wait, why is no one talking about the requirement to sign a HIPPA release for medical records in order to get a permit? I read that and my first thought was that they needed Constitutional Carry in that state. Then it sunk in, who evaluates those medical records? Who can deny your rights because you’ve taken a medication that can also be used for depression, or because you once sought treatment with a psychologist? Wait a effing minute! How can this requirement stand? Who supported it and when is it being challenged? Delays are bad. A Right delayed is a… Read more »

swmft

in mass they have that too for ammo permit , and omg black powder thought they would blow a gasket I make my own

BigJim

Hang him.

swmft

put him in jail and put sand in all the Vaseline

Firebrand

Awaiting Approval? On a website that is supposed to Champion Constitutional Rights…now that is funny. What a joke.

Firebrand

What a joke. It would be funny if it weren’t reality. What an embarrassment to NC and Law Enforcement.

The photo tells you why native North Carolinian’s stay out of Wake, Mecklenburg and Guilford Counties.

Between the Liberal Yankees moving south and the Californians moving in, the State is ruined.

We need a fence around CA and the NE to keep them in, as well as a border wall.

JSNMGC

Sheriff McFadden was born and grew up in South Carolina. He went to college in North Carolina. His career has been in North Carolina.

It appears as though he has never lived anywhere other than “the south.” Keep working on that great myth.

Wild Bill

Yes, but not a funny joke. Maybe we can get the Chinese to nuke Ca and New England. I wonder if they would take a government credit card!

olddognc

ERIC ADAMS IN NORTH CAROLINA

ashort

That just goes to show that show business and politics do not belong together. Movies are made all the time about corrupt sheriffs abusing their power of office under tyrannical rule. Just like some politicians do, such as “LET’s GO BRANDON” for instance. He rules by tyrannical means, oppression, and fear mongering lies, while giving billions of dollars of military grade weapons, vehicles, and aircraft to the world biggest terrorists, and then trying to take the American peoples firearms away from them. He punishes the good people while rewarding sadistic murdering Terrorist’s.

HLB

Pistol permits are required and you really want pistol capability for Charlotte. There are some hunting regulation and other contentions with long guns, but if things get bad you should be able to purchase a rifle or shotgun and carry it.

HLB

JDL

A PURCHASE permit is required in North Carolina? Didn’t realize they were a royal blue state…

Russn8r

But awesome Mark Robinson is Lt Gov. Hopefully GRNC & GOA can promote him to Governor.

gregs

these small victories are beginning to pile up into the hill these tyrants will die upon.

Captn John

His county includes Charlotte, a liberal and black county so expect nothing less.

hippybiker

De Sheriff be pimpin!

MS-Steve

Is the sheriff the driver……. or the chicken-head on da hood?

Montana454Casull

Pass constitutional carry in North Carolina and strip Garry of his power to deny a right . Garry will no longer have any power if North Carolina follows the examples of 24 other states. Garry will become irrelevant and fade into the sunset !

PAF145

Given the publicity photo , I question the professionalism of the office holder

YourTruth

was thinking the same thing

Terry

I don’t. I think it’s self-explanatory!

Laddyboy

Hold these Officials feet to the fire. They MUST follow the laws, since they ARE PAID to enforce these very same laws.

AmmoLand News reached out to the Mecklenburg County, North Carolina Sheriff’s Office for comment on the judge’s decision. Public affairs officer Janet Parker promised to email over a comment, but as of this writing, AmmoLand News has not received the email response.

I would like to see some TIME-LINE information with “comments” such as these.

Willpatt223

Why didn’t you post a better photo of the Sheriff? Or his political affiliation? Not everyone watches reality TV………………

Rob J

There is an issue here in Pierce county WA ever since COVID hit. Washington is a Shall Issue state and the concealed pistol license must be issued within 30 days of application. Other counties have historically played loose with the dates, but the issue in Pierce ratcheted up these last couple years. They did the same fingerprinting by appointment as above (normal process is to print at the time the application is filed, within the same building… now applications are done online with appointment based printing) with months of wait time… or you were welcome to go to another county… Read more »

Last edited 3 months ago by Rob J
Tionico

Pierce COunty is home to Tacoma, one of the more corrupt cities in the country. Tacoma is home to their new VERY expensive Convention Centre.Washington State law assures we Mother May I Card Holders are able to be armed wthiin all publically accessible accomodations. This by law includes that Convention Centre. Futher WA state law madates that ALL areas prohibiting the possession of firearms MUST display certain signage, which form and placement relative to entrances is clearly estalbished by state law. This venue has NO such signs posted. When security noticed by concealed firearm they demanded I remove it from… Read more »

Rob J

Washington does not have force of law behind any “No Firearms” signs placed by private or public entities except in those areas specified by RCW 9.41.300. Personally I carry anywhere there is not a metal detector barring my entry. The convention center had no right to remove you from the premises simply for carrying a firearm concealed with a valid CPL, as it was a public space and barring any other illegal activity it does not meet the definition of trespass. In fact your presence meets the definition of Criminal Trespass – Defenses RCW 9A.52.090. Know your laws (keeping a… Read more »

Last edited 3 months ago by Rob J
john

Is that stolen car ? mis approved funds by the sheriff’s department? “Please get your fat ass of the hood”. Sheriffs pimp mobile ? Confiscated in a drug deal ? The sheriffs chase car? Got no Hemi under the hood ? Must be stolen.

Russn8r

I had no idea NC had such awful gun laws. Hopefully GRNC-GOA can toss the RINOs & Mark Robinson gets promoted to Governor.

Russn8r

Downvoters love Jim Crow gun control & hate pro-gun black Republicans.

Grigori

I think Mr Robinson, with a supportive Legislature, would do great things for 2A freedom in NC. North Carolina is an absolutely beautiful state, blighted by stupid liberal politicians and stupid gun and knife laws.

Last edited 3 months ago by Grigori
Terry

North Carolina is too close to the Kryptonite. The poison from DC bleeds into the surrounding areas. The Koolaid leaches into the water table and new Zombies are created.

HLB

I learned of the purchase permit a number of years back. It occurred to me that you might be able to purchase out of county under another sheriff. They do have an open carry constitution, so I can come in from out-of-state and open carry with my existing weapon or conceal carry with state reciprocity.

HLB

Russn8r

But it’s “illegal” for a NC resident to go buy a handgun in another state and bring it back, right?

Last edited 2 months ago by Russn8r
john

Picture is worth a thousand words.

Terry

Could not have said it better John!

JSNMGC

“They’re elected.”
“They’re on our side.”
“They work really hard.”

JSNMGC

“They don’t like it when people mock them.”

Russn8r

“The Major County Sheriffs of America wrote the Sen Judiciary Comtte to back Steve Dettelbach to lead the ATF.”

https://www.cnn.com/2022/04/22/politics/major-county-sheriffs-of-america-dettelbach/index.html

(from your post: https://www.ammoland.com/2022/05/gun-owners-must-stop-another-anti-gun-atf-nominee/#comment-2935960)

JSNMGC

If anyone who wants to thank Dennis (an elected sheriff and Marine Corps. Veteran) for using the significant influence of his leadership position in a law enforcement organization to assist in getting Steve Dettelbach confirmed, they can reach him at this number:   (407) 665-6635   Be sure to point out that the reason you agree with Dennis about Dettelbach is that Dettelbach has endorsed gun bans, restrictions on lawful firearms transfers, and further expansion of prohibitions on who can lawfully possess a firearm.   It would be especially helpful to let him know you feel safer when the government… Read more »

JSNMGC

Reply on hold.

If anyone wants to thank Dennis, they can reach him at:

(407) 665-6635

Russn8r

LOL, nice.

Laddyboy

“major county sheriffs” — this should be interpreted as: “Major County Sucaphant sheriffs”!
It IS very DISTURBING to hear people getting hired into positions of power who HATE the Constitutionally ACKNOWLEDGED RIGHTS of Americans!!

CourageousLion

That’s why we need to make more of an effort to get the word out about http://cspoa.org I wrote up a post about it for this site and have been totally ignored.

Russn8r

Not totally. I donated.