12 NCAC 09H .0104         SANCTIONS

(a)  The Commission shall deny or revoke the applicant for firearms qualification certification or the qualified retired law enforcement officer's firearms qualification certification when the Commission finds the applicant or retired officer has willfully and intentionally falsified any application or documentation required for qualification certification. Any applicant or qualified retired law enforcement officer denied or revoked may request an administrative hearing with the Commission subsequent to the summary denial or revocation in accordance with G.S. Chapter 150B, Article 3A.

(b)  The Commission may deny or suspend the applicant or retired law enforcement officer's firearms qualification certification when the Commission finds the applicant or retired officer:

(1)           has failed to successfully complete the required training or qualification specified in Rule 09H .0102; or

(2)           is ineligible to receive and possess firearms under federal or state law.

(c)  Before taking action, the Standards Division shall investigate the alleged violation of Paragraph (b) of this Rule and present a report of its findings to the Probable Cause Committee of the Commission.

(d)  The Probable Cause Committee may:

(1)           direct the Standards Division to conduct a further investigation of the alleged violation;

(2)           direct the Standards Division to conduct an administrative hearing in the matter, pursuant to 12 NCAC 09A .0107 and 26 NCAC 03; or

(3)           determine the appropriate sanctions against the violator pursuant to Paragraphs (f) and (g) of this Rule.

(e)  Denials or revocations in accordance with Paragraph (a) of this Rule are permanent. The retired officer is ineligible to ever receive firearms qualification certification from the Commission.

(f)  Denials or suspensions in accordance with Paragraph (b) of this Rule are:

(1)           until the applicant or retired officer has successfully completed the required training or qualification specified in Rule 09H .0102; or

(2)           until the applicant or retired officer is eligible to receive or possess firearms under federal or state law.

(g)  Any applicant or qualified retired law enforcement officer who receives firearms qualification certification under the rules in this Section who becomes ineligible under any of the standards enumerated in this Rule shall notify the Criminal Justice Standards Division of such disqualification within 10 calendar days of the occurrence of the event.

History Note:        Authority G.S. 17C-6; 14-415.10; 14-415.25; 14-415.26;

Eff. April 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.