The due process clause of the 14^th Amendment requires that an applicant be afforded an opportunity for an evidentiary hearing to contest the denial of his application for renewal of a Concealed Handgun Permit pursuant to G.S. 14-415.12(a)(3). Daniel DeBruhl, who had maintained a Concealed Handgun Permit for 10 years, submitted an application for the renewal of his permit to the county Sheriff’s Office. The Sheriff’s Office issued a perfunctory denial of the application, without notice of the nature of or basis for the denial or any opportunity for DeBruhl to be heard. DeBruhl appealed the Sheriff’s decision to the District Court, arguing that there was no way for him to know what facts to challenge on appeal because no detail was provided in the denial. The District Court denied the appeal, finding in part that the permit was denied because DeBruhl sought or received mental health and/or substance abuse treatment and that he suffers from a mental health disorder that affects his ability to safely handle a firearm. Without affording DeBruhl an opportunity to be heard, District Court affirmed the Sheriff’s decision. DeBruhl appealed. The Court of Appeals began by finding that the defendant had a protected property interest in the renewal of his Concealed Handgun Permit upon expiration of his prior permit. The court went on to find that he was deprived of his right to procedural due process by the manner in which the renewal application was denied. Here, although DeBruhl had an opportunity for review, he did not have an opportunity to be heard. The court determined that “appellate review without an opportunity to be heard does not satisfy the demands of due process” and that the procedures employed here were “wholly inadequate.” It held:

Where a local sheriff determines that an application for renewal of a Concealed Handgun Permit ought to be denied on the grounds that the applicant “suffer[s] from a . . . mental infirmity that prevents the safe handling of a handgun[,]” that applicant must be afforded an opportunity to dispute the allegations underlying the denial before it becomes final. The opportunity to appeal the denial to the district court as set forth in N.C. Gen. Stat. § 14-415.15(c) is procedurally sufficient only to the extent that it provides an opportunity for the applicant to be heard at that stage. At a minimum, an applicant denied the renewal of a permit pursuant to the provisions of this subsection must be provided notice of the precise grounds for the sheriff’s denial, together with the information alleged in support thereof. This process must be followed by an opportunity to contest the matter in a hearing in district court.