Kelly v. Riley, 223 N.C. App. 261 (Nov. 6, 2012)

(1) G.S. 14-415.12 (criteria to qualify for a concealed handgun permit) was not unconstitutional as applied to the petitioner. Relying on case law from the federal circuit courts, the court adopted a two-part analysis to address Second Amendment challenges. First, the court asks whether the challenged law applies to conduct protected by the Second Amendment. If not, the law is valid and the inquiry is complete. If the law applies to protected conduct, it then must be evaluated under the appropriate form of “means-end scrutiny.” Applying this analysis, the court held that the petitioner’s right to carry a concealed handgun did not fall within the scope of the Second Amendment. Having determined that G.S. 14-415.12 does not impose a burden on conduct protected by the Second Amendment, the court found no need to engage in the second step of the analysis. (2) The sheriff properly denied the petitioner’s application to renew his concealed handgun permit where the petitioner did not meet the requirements of G.S. 14-415.12. The court rejected the petitioner’s argument that G.S. 14-415.18 (revocation or suspension of permit) applied.