Anyone who has driven on the highways of North Carolina has seen an abandoned vehicle or two on the side of the road, often with a bright orange sticker on one of the windows. This sticker indicates that the vehicle will be towed under the direction of a law enforcement officer if the vehicle is not removed. Due process requires that a person whose car has been towed in this circumstance is entitled to notice and a speedy court hearing before a magistrate to determine whether probable cause existed for the towing, which ultimately determines who is responsible for the towing fees. G.S. Ch. 20, Art. 7A. This blog post will explore towing under the direction of law enforcement, when a post-towing hearing is allowed, when it is not, and how the magistrate follows the procedures. This post does not address towing directed by private parties for unauthorized parking on privately owned property, such as apartment complexes or business parking lots.
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Tag: hearings
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Due Process, Hearings, and Concealed Handgun Permits
To legally carry a concealed handgun in North Carolina, a person must receive a permit from the county sheriff. When considering an application for a permit, the sheriff is required to apply the criteria set out in G.S. 14-415.12. Among other requirements, the applicant must be at least 21, must be a citizen or lawful permanent resident of the U.S., and must have successfully completed an approved firearms training course. Several other factors also prevent the sheriff from issuing a permit to an applicant, such as the applicant’s ineligibility to possess a firearm under Federal law, conviction of a felony, adjudication of mental illness, or discharge from the military under less than honorable conditions. Also, quite sensibly, one of the requirements for issuing a permit is that the applicant “does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.” If none of the statutory restrictions applies, and the applicant otherwise meets all of the criteria, the sheriff “shall” issue the permit. G.S. 14-415.12.
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