New Law Restricts Purchasing a Firearm if you have a DUI

[Fasazu]

Was just notified that by TBI that if you have had a DUI in the last 5 years or 2 DUI's in the last 10 years you will not pass the TICs check to buy a firearm. I read the law about going armed. I do not condone getting a DUI and believe that if you are under the influence while driving that you should be prosecuted. What I do not understand is what that has to do with the fundamental right to defend yourself with a firearm. A DUI is not a felony charge with the exception of a death involved (which in that case would then prevent you from purchasing a firearm "felony").  So why for 5 years are you prevented from purchasing a firearm to defend yourself because you made a bad decision (non-violent crime) one time? This is not right and not what I believe Tennessee should be allowing!

[Tuffus]

They backed off of that rather quickly.

https://tennesseefirearms.com/2021/07/tbi-immediately-retracts-its-policy-to-use-dui-standards-to-deny-firearms-purchases/?fbclid=IwAR34eLmBTsgX7B693aFozLk8VYgyMkb1QIUtg-aw6bQprR0ibY5hzj6GLk8

[bersaguy]

Things like they tried to do this morning with the DUI's should have been expected to test for a reaction and they got several right quick and changed their mind on the DUI rule almost before the ink dried.

[Fasazu]

Great news!

[deerslayer]

I suppose if one wanted to get technical, one could argue that, since alcohol is actually just another drug, a DUI conviction disqualifies the convict on 21e of a 4473 form (are you an unlawful user or addicted to a depressant?).  Alcohol is a depressant and driving around liquored up is unlawful.  I don't necessarily support that angle, but somebody may have made that argument. 

Edited July 2, 2021 by deerslayer

[chances R]

23 hours ago, Fasazu said:

Was just notified that by TBI that if you have had a DUI in the last 5 years or 2 DUI's in the last 10 years you will not pass the TICs check to buy a firearm. I read the law about going armed. I do not condone getting a DUI and believe that if you are under the influence while driving that you should be prosecuted. What I do not understand is what that has to do with the fundamental right to defend yourself with a firearm. A DUI is not a felony charge with the exception of a death involved (which in that case would then prevent you from purchasing a firearm "felony").  So why for 5 years are you prevented from purchasing a firearm to defend yourself because you made a bad decision (non-violent crime) one time? This is not right and not what I believe Tennessee should be allowing!

However, the above stipulations will keep one from carrying a handgun under the new permitless carry law.  One has to be able to meet all qualifications/disqualifications of the ECP requirements.

[Oh Shoot]

It has been the existing policy to deny gun purchase if any alcohol related conviction has occurred in the last year, like PD or DUI.

This has been a fairly long standing policy based on TCA 39-17-1316(a)(1), and to my knowledge has not changed.

Still in the TBI Guide for FFLs publication, page 5:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjLnaeL58fxAhUem2oFHXgGBPkQFnoECAYQAA&url=https%3A%2F%2Fwww.tn.gov%2Fcontent%2Fdam%2Ftn%2Ftbi%2Fdocuments%2FFFL_TN_Guide_2016.pdf&usg=AOvVaw0jVNBiW3WJv96fbhGNenjl

 

- OS

[Sunfish]

On 7/3/2021 at 4:13 PM, Oh Shoot said:

It has been the existing policy to deny gun purchase if any alcohol related conviction has occurred in the last year, like PD or DUI.

This has been a fairly long standing policy based on TCA 39-17-1316(a)(1), and to my knowledge has not changed.

Still in the TBI Guide for FFLs publication, page 5:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjLnaeL58fxAhUem2oFHXgGBPkQFnoECAYQAA&url=https%3A%2F%2Fwww.tn.gov%2Fcontent%2Fdam%2Ftn%2Ftbi%2Fdocuments%2FFFL_TN_Guide_2016.pdf&usg=AOvVaw0jVNBiW3WJv96fbhGNenjl

 

- OS

Been going on as long as I can remember late 80's early 90's