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Agreement reached to resume pistol purchases permits in Wake Co. after lawsuit

The Wake County Sheriff's Office said Tuesday an agreement has been reached with a plaintiff who recently filed legal action over Sheriff Gerald Baker's decision to temporarily suspend residents from obtaining pistol purchase permits.

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RALEIGH, N.C. — The Wake County Sheriff’s Office said Tuesday an agreement has been reached with a plaintiff who recently filed legal action over Sheriff Gerald Baker’s decision to temporarily suspend residents from obtaining pistol purchase permits.

In a press release, officials said in the consent order, both parties agreed that Baker will modify the application process so as to "minimize or alleviate the admission of applicants for said permits to the Public Safety Center," during the term of the State of Emergency, and resume processing applications, in as timely a fashion as possible, under the current conditions.

Superior Court Judge A. Graham Shirley issued the order Tuesday afternoon.

Spokesman Eric Curry told WRAL's Mark Boyle a modified resumption of the pistol purchase permits process would resume within seven days. The press release stated the modified application process would also be on the WCSO Pistol Permits Office's website in the next few days.

Baker said last week that his office wouldn't accept any new applications through the end of April, noting a crush of applicants had overwhelmed the system and that his office was trying to maintain "social distancing" and limit public access to the office.

The Associated Press reports according to documents, between March 10 and March 24, the sheriff’s office received applications in “unprecedented numbers” and caused more than 50 people to gather in the Wake County Public Safety Center. That gathering was in violation of March 22 Proclamation of Emergency Restrictions put in place by the Wake County Board of Commissioners.

Baker said his office had 755 pending permits when he made the decision to put things on hold.

Gun rights activists on Friday filed a lawsuit against Baker. The lawsuit was filed in federal court by Grass Roots North Carolina, one of its members, the Second Amendment Foundation and Firearms Policy Coalition.

The lawsuit asked a judge to force Baker to start issuing pistol permits again, arguing that state law requires him to process the permits. Under normal circumstances, a sheriff can deny an individual application for certain reasons, but state law doesn't give the authority to halt all applications even if there are extenuating circumstances, the lawsuit argues.

“I’m very pleased with Judge Shirley’s ruling,” Baker said. “I believe the court’s review of the entire situation reveals that my primary purpose has always been, and will continue to be, to protect the safety and welfare of my staff, Wake County citizens and the jail residents housed in the Wake County Public Safety Center.”

The Associated Press contributed to this story.

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