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NORTH CAROLINA’S DRUGGED DRIVING LAW

Drugged Driving – or Drug DWI – is a form of “Impaired Driving,” under N.C.G.S. 20-138.1. This is the same law that the State uses to convict drunk drivers. In other words, the same law governs drunk driving and drugged driving.

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NC DWI LAW – DEFINING “DRIVING”

As always, we begin our analysis by reviewing the relevant law, N.C.G.S. 20-138.1: “A person commits the offense of Impaired Driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this state: While under

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Contents

FLETCHER LEGAL, PLLC is a Charlotte based law practice dedicated to helping people navigate both the judicial process, and life’s most difficult moments. 

I FIRMLY BELIEVE:

• RESULTS SPEAK BEST FOR THEMSELVES. When we consistently deliver the very best results, current clients consistently refer new business.

• RELATIONSHIPS ARE KEY; I only accept clients I want to work with, in matters where I add value. Each client has my personal cell phone number, as legal emergencies rarely occur during business hours. 

• TECHNOLOGY, PROPERLY ADMINISTERED, TOTALLY CHANGES THE GAME. In capable hands, technology levels the playing field with BigLaw; it reduces costs and expense; and it expands the availability of legal services to demographics traditionally under served.While this is undoubtedly a social good, the legal profession has historically been slow to react, and even slower adopting new technology.

For a better understanding of what we’re really all about, check out our CORE VALUES.

I am not a General Practitioner; This is not a full service law firm. We are especially particular about who we work with.

CASES WE ACCEPT. Whether you’re facing serious felony accusations, demonstrating for a just cause, or simply trying to clean up the past, my team and I are here to help. We do not accept every case or client; we’re very particular about who we choose to work with, and only accept cases that we believe we can win, or where we can genuinely add value.

WE GO WHERE WE’RE NEEDED. We stick to what we’re good at, continually pushing the envelope, and streamlining process steps. We go where we’re needed, across all 100 North Carolina Counties. And, we always set our clients up for the best possible outcome.

FEDERAL PROHIBITING CRITERIA

Events triggering federal firearm bans.

FLETCHER LEGAL, PLLC is a Charlotte based law practice dedicated to helping people navigate both the judicial process, and life’s most difficult moments. 

I FIRMLY BELIEVE:

• RESULTS SPEAK BEST FOR THEMSELVES. When we consistently deliver the very best results, current clients consistently refer new business.

• RELATIONSHIPS ARE KEY; I only accept clients I want to work with, in matters where I add value. Each client has my personal cell phone number, as legal emergencies rarely occur during business hours. 

• TECHNOLOGY, PROPERLY ADMINISTERED, TOTALLY CHANGES THE GAME. In capable hands, technology levels the playing field with BigLaw; it reduces costs and expense; and it expands the availability of legal services to demographics traditionally under served.While this is undoubtedly a social good, the legal profession has historically been slow to react, and even slower adopting new technology.

For a better understanding of what we’re really all about, check out our CORE VALUES.

I am not a General Practitioner; This is not a full service law firm. We are especially particular about who we work with.

CASES WE ACCEPT. Whether you’re facing serious felony accusations, demonstrating for a just cause, or simply trying to clean up the past, my team and I are here to help. We do not accept every case or client; we’re very particular about who we choose to work with, and only accept cases that we believe we can win, or where we can genuinely add value.

WE GO WHERE WE’RE NEEDED. We stick to what we’re good at, continually pushing the envelope, and streamlining process steps. We go where we’re needed, across all 100 North Carolina Counties. And, we always set our clients up for the best possible outcome.

GUY WALKS INTO A BAR LOOKING TO BUY A GUN. Buyer approaches seller, a Federal Firearm Licensee (FFL), to purchase a firearm. Before Seller may legally accept payment, and transfer title to Buyer, he must conduct a government-ordered background check to ensure Buyer is eligible to own a gun. Buyer must complete ATF Form 4473, and submit to a background check using NICS.

The National Criminal Background Check System, or NICS, is a national database established and maintained by the Federal Bureau of Investigations (F.B.I.). Launched in 1998, and mandated by the Brady Handgun Prevention Act (Brady Act) of 1993, NICS established a quick, reliable, and uniform background check on prospective gun purchasers.

Before selling a firearm, licensed retailers must contact NICS online or by phone to initiate a background check. Once submitted, NICS personnel use the data gathered on ATF Form 4473 to conduct a background check on Buyer to ensure they do not have a disqualifying entry in the database.

NICS will provide Seller with one of three responses after conducting an initial search: “Proceed,” “Delayed,” or “Denied.” “Proceed” allows the firearm transfer: “Denied” prohibits sale, and if “Delayed” more than 3 days, Seller may legally transfer the firearm to Buyer, provided doing so doesn’t violate state law.

The overwhelming majority  of firearm background checks take just minutes to clear. From 2008 to 2014, the F.B.I. processed more than 51 million NICS transactions; only 556,496, or about 1 percent, were denied.

Denials usually occur when Buyer is subject to state or federal firearm bans. Felony convictions are the most common reason by NICS denial.

CALL, TEXT & BOOK APPOINTMENTS ONLINE
Designed for maximum useability. Zero phone-tag. Zero missed messages.

Having a felony conviction, or a federal or state firearm ban, doesn’t mean you’ll never legally own a gun again. North Carolina law specifically creates a way to restore firearm rights by petitioning your local court.

That’s part of what I do: my name is Derek Fletcher, and I’m the managing attorney at FLETCHER LEGAL. We assist people exercising their Constitutional Rights, including Second Amendment Gun Rights. We go where we’re needed, all across the state. If I can ever be of service, shoot be a text or book an appointment for a video conference.

And remember: Serious cases require serious representation.

- D. FLETCHER

FEDERAL PROHIBITING CRITERIA

Events triggering federal firearm bans.

Certain events trigger federal firearm bans, state firearm bans, or both simultaneously. These are known as Federal Prohibiting Criteria, and their occurrence automatically revokes the subject’s right to own a firearm, granted through the Second Amendment. Even when these events fail to permanently deprive rights, their mere existence, such as a pending felony case, will usually trigger a denial in NICS.

  •   Conviction in any court of a crime punishable by a term of imprisonment exceeding one year (felony conviction), or convicted of a state offense classified as a misdemeanor but punishable by a maximum term of imprisonment greater than two years. 18 U.S.C. § 922 (g)(1).
  • Adjudication of mental defectiveness by any court, or  involuntary committment to a mental institution. 18 U.S.C. § 922 (g)(4).

Federal law, and thus NICS, only applies to federally licensed retailers; private sellers are exempt. Furthermore, Brady provided states a partial opt-out option, granting each the option of serving as “points-of-contact.” Point-of-contact states conduct background checks relying on state records in addition to federal resources.

North Carolina is a partial point-of-contact state: licensed retailers selling long rifles must conduct a federal NICS search. All North Carolina handgun sellers must verify a buyer’s valid pistol purchase permit or concealed carry license before transferring any handgun. No person may purchase or receive a handgun in North Carolina without a purchase permit or concealed carry license, N.C.G.S. § 14-402.

Federal law doesn’t require dealers to conduct NICS checks if a prospective buyer presents a valid, state-issued, purchase permit or a valid, state-issued concealed carry license. Thus, permit and license holders are exempt from federal background checks at the time of purchase.

To obtain a pistol purchase permit or concealed carry license, a prospective buyer must apply through the sheriff’s office in their county of residence. They must submit fingerprints, consent to a background check, and pay filing fees. Before issuance, the sheriff must be “fully satisfied” of applicant’s “good moral character,” that the applicant desires a handgun for protection, target shooting, collection, or hunting, and that the handgun transfer doesn’t violate North Carolina or federal law. Sheriffs make these determinations, and must provide written findings within 7 days, using:

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