SUBCHAPTER 09H - QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS

 

SECTION .0100 - FIREARMS QUALIFICATION CERTIFICATION PROGRAM

 

12 NCAC 09H .0101         PURPOSE

The Commission hereby establishes rules to allow for the firearms qualification certification of qualified retired law enforcement officers, as defined in G.S. 14-415.10, who are authorized by federal law, Section 926C of Title 18 of the United States Code, to lawfully carry handguns concealed. The rules in this Section establish the method by which a qualified retired officer shall be tested to determine whether the officer meets the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm. The rules in this Section do not apply to qualified retired law enforcement officers who complete the required training and firearms qualification with the agency from which they retired.

 

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.

 

12 NCAC 09H .0102         MINIMUM TRAINING SPECIFICATIONS

(a)  Firearms Training and Qualification shall consist of a minimum of four hours and include the requirements of Paragraphs (c) and (d) of this Rule.

(b)  Pursuant to 12 NCAC 09E .0106(a), each qualified retired law enforcement officer shall qualify with each handgun he or she carries.

(c)  Each qualified retired law enforcement officer shall receive a minimum of two hours of instruction on the North Carolina laws of self-defense, the use of force by private citizens, detention of persons by private persons, and assistance to law enforcement officers by private citizens.

(d)  Instruction shall include a review of firearms safety and basic marksmanship fundamentals.

(e)  The qualification requirements shall be achieved at least once in a single day in no more than three attempts per day for each course of fire and for each weapon for which qualification is required. Officers not qualifying in a single day for each course of fire shall be deemed as a failure and the retired qualified law enforcement officers shall not be allowed to carry that weapon until such time as the qualification requirements have been met.

(f)  Qualified retired law enforcement officers shall be certified for a period of 12 months from the date the application is approved by the Commission. Upon application for renewal, the certification shall be renewed by the Commission for 12-month periods provided the qualified retired law enforcement officer meets the rules specified in this Subchapter.

 

History Note:        Authority G.S. 14-415.10; 14-415.25; 14.415.26; 17C-6;

Eff. May 1, 2009;

Amended Eff. April 1, 2017;

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

Amended Eff. October 1, 2025; July 1, 2020.

 

12 NCAC 09H .0103         INSTRUCTORS

(a)  Only instructors who hold Specialized Instructor Certification in Law Enforcement Firearms issued by the Criminal Justice Education and Training Standards Commission as outlined in 12 NCAC 09B .0304(a) shall conduct the firearms qualification training as specified in Rule .0102 of this Subchapter.

(b)  Each instructor specified in Paragraph (a) of this Rule shall record and retain the firearms qualification scores for each qualified retired law enforcement officer trained by the instructor for a period of five years. The scores shall not be transmitted to the Criminal Justice Standards Division unless requested but must be available for inspection by Criminal Justice Standards Division representatives. If the instructor is conducting training on behalf of a North Carolina governmental law enforcement agency, the North Carolina Justice Academy, or a North Carolina community college, the institution shall maintain the records in lieu of the instructor in order to comply with this Rule.

(c)  Upon successful qualification, the instructor shall sign and date the Retired Law Enforcement Officers Firearms Qualification Certification Application Form (F-9R) attesting to the successful qualification. The Retired Law Enforcement Officer Firearms Qualification Application (F-9R) shall contain the following:

(1)           type of application;

(2)           applicant's name, address, phone number, email address, and date of birth;

(3)           Applicant Attestation regarding qualification for certification;

(4)           date and location of the applicant's successful completion of the firearms qualification;

(5)           instructor's name and Acadis number;

(6)           the make, model, and serial number of the weapon and the day and night score achieved for each weapon qualified with; and

(7)           signature of the applicant.

 

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

Eff. April 1, 2009;

Amended Eff. December 1, 2009;

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

Amended Eff. October 1, 2025.

 

12 NCAC 09H .0104         SANCTIONS

(a)  The Commission shall deny or revoke an applicant's, 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 Chapter 150B, Article 3A, of the N.C.G.S.

(b)  The Commission shall 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 shall:

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

(2)           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 in effect until the applicant or retired law enforcement officer:

(1)           has successfully completed the required training or qualification specified in Rule .0102 of this Subchapter; or

(2)           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 5 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.

Amended Eff. October 1, 2025.

 

12 NCAC 09H .0105         FILING AND FEES

Each applicant for firearms qualification certification under the Qualified Retired Law Enforcement Officers Firearms Qualification Certification Program shall submit the following to the Commission:

(1)           a Commission application form (Form F-9R) pursuant to 12 NCAC 09H .0102.

(2)           a copy of the qualified retired officer's photographic identification indicating retirement status issued by the law enforcement agency from which the applicant retired; and

(3)           a fee of fifty dollars ($50.00) for the initial one-year qualification and a fee of twenty-five dollars ($25.00) for the annual renewal thereafter. Applications and fees shall be submitted via the Acadis portal utilizing the RLEO Initial and RLEO Renewal Webforms. The Acadis portal is located at https://ncja-portal.acadisonline.com/acadisviewer/login.aspx.

 

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

Eff. April 1, 2009;

Amended Eff. April 1, 2017;

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

Amended Eff. October 1, 2025.