FYI... NEW ATTORNEY GENERAL OPINION AS OF 6/3/09 ABOUT CARRY PERMIT RENEWAL 09-106

[GLOCKMEISTER]

S T A T E O F T E N N E S S E E

OFFICE OF THE

ATTORNEY GENERAL

PO BOX 20207

NASHVILLE, TENNESSEE 37202

June 3, 2009

Opinion No. 09-106

Information Required for the Renewal of a Handgun Carry Permit

QUESTION

Is a person applying for the renewal of a handgun carry permit required to provide any

information or documentation in addition to that required by Tenn. Code Ann. § 39-17-

1351(q)(1)?

OPINION

No. Under Tenn. Code Ann. § 39-17-1351(q)(1), a person who applies for a renewal of a

handgun carry permit is only required to complete a renewal application on a form supplied by

the Department of Safety, pay a renewal fee of fifty dollars ($50.00) and certify that the

applicant is still eligible to hold a handgun carry permit. The statute does not require an

applicant to provide any additional documentation or information.

ANALYSIS

Tenn. Code Ann. § 39-17-1351(q)(1) sets forth the requirements for the renewal of a

handgun carry permit. It provides, in pertinent part:

Prior to the expiration of the permit, a permit holder may apply to the department

for the renewal of the permit by submitting, under oath, a renewal application

with a renewal fee of fifty dollars ($50.00). The renewal application shall be on a

standard form developed by the department of safety and shall require the

applicant to disclose, under oath, the information concerning the applicant as set

forth in subsection ©, and shall require the applicant to certify that the applicant

still satisfies all the eligibility requirements of this section for the issuance of the

permit.

Tenn. Code Ann. § 39-17-1351(q)(1).

The primary objective of statutory construction is to ascertain and give effect to the

intention of the legislature. Auto Credit of Nashville v. Wimmer, 231 S.W.3d 896 (Tenn. 2007).

If a statute is clear and unambiguous, courts will find the intent in the plain and ordinary

meaning of its language. Brown v. Erachem Comilog, Inc., 231 S.W.3d 918 (Tenn. 2007).

Under rules of statutory construction, the express mention of one subject in a statute means the

exclusion of subjects that are not mentioned. State v. Edmondson, 231 S.W.3d 925 (Tenn. 2007).

Tenn. Code Ann. § 39-17-1351(q)(1) clearly and unambiguously sets forth the

requirements for renewal of a handgun carry permit. Such requirements are completion of a

renewal form supplied by the Department of Safety, signing a certification that the applicant is

still eligible to hold a handgun carry permit and paying the fifty dollar ($50.00) renewal fee. If

the legislature had intended to require any additional documentation, it would have so stated in

the express language of the statute.

ROBERT E. COOPER, JR.

Attorney General and Reporter

MICHAEL E. MOORE

Solicitor General

WILLIAM R. LUNDY, JR.

Assistant Attorney General

Requested by:

The Honorable Doug Jackson

State Senator

302 War Memorial Building

Nashville, TN 37243

[Fallguy]

Yep...saw that earlier.

Added it and 09-99 to http://www.tngunowners.com/forums/firearms-law-faq/13408-reference-material-some-basic-questions.html

Can't help but to wonder what was behind asking for the opinion....

[Guest Jamie]

Yep...saw that earlier.

Added it and 09-99 to http://www.tngunowners.com/forums/firearms-law-faq/13408-reference-material-some-basic-questions.html

Can't help but to wonder what was behind asking for the opinion....

Probably the fact that they're now wanting - or were until this - a certified copy of a birth certificate or other proof of residence when you renew.

( Just got my notice a couple of weeks ago. It's more than a month early. )

I wonder if they'll be sending me something else in the mail now, to say "never mind, just send us your money".

[Guest SomeGuy]

Fallguy,

Might be due to the new requirement you show a birth certificate at renewal.

Jamie,

If your permit expires in a month, you need to send in your renewal. Mine expired over 3 weeks ago, and I did my renewal in Feb (bout 3 months early). I am still waiting.

[Guest Jamie]

Jamie,

If your permit expires in a month, you need to send in your renewal. Mine expired over 3 weeks ago, and I did my renewal in Feb (bout 3 months early). I am still waiting.

Yeah, I know... I'll get there.

Worst come to worst, I'll go down to the DL office to renew it, and will have the receipt to show it's valid.

No big deal one way or the other.

[GLOCKMEISTER]

It took me 4 months to get my renewal back. For many years I just went down and would see a friend and get it done, back in a week. But NOOO... this time I had to stop by the DLTS Because I was driving by it in Gallitan and get it renewed... I'll never do that again.

[Paletiger13]

Sounds like when you get your first permit. Did you guys try calling them before it arrived? U think TDOS is sitting on them?

[Guest SomeGuy]

Pale,

Supposedly there is a very large influx of new applicants, and has been every month for something like a year now. When I first applied four years ago I had my permit in around 37 days. Now waiting over 120 is standard.

Even though it annoys me, I see the good in our movement. Long-run, having more people involved even a bit helps. Some of these new HCP holders will become politically involved, some will get shafted legally and get VERY involved. It sucks for now, but I see future help for our fight for removal of the infringements on our liberties.

[Rog O]

Can't remember where it came from, but a couple of years ago before I renewed my carry permit, it was suggested that you start the renewal process six months early to avoid delays. Sounded good then, got mine in two weeks.

[Guest Jamie]

...it was suggested that you start the renewal process six months early to avoid delays. Sounded good then, got mine in two weeks.

I suppose you can renew that early if you want, but really, there's no need, so long as you renew it before it expires.

From www.tennessee.gov/safety/handgun/renewals:

Permit Holders whose permit has not expired and are renewing their permit, may legally carry their handgun with the receipt provided from their application. Permit Holders whose permit have expired and are renewing their permit, cannot lawfully carry a handgun until they receive their new permit.

Of course, if you let it expire you're screwed, and can't legally carry 'til they send you a new one, however long that may take.

P.S. I notice there's no longer any mention of birth certificates or other extra forms of I.D. on the state's page now.

Edited June 6, 2009 by Jamie

[Guest HexHead]

Fallguy,

Might be due to the new requirement you show a birth certificate at renewal.

Jamie,

If your permit expires in a month, you need to send in your renewal. Mine expired over 3 weeks ago, and I did my renewal in Feb (bout 3 months early). I am still waiting.

It wasn't just show a birth certificate. Wasn't it a certified copy that they were going to keep? Why did they want one every four years? I ordered mine a couple of months ago and it cost me $25.

[Guest HexHead]

It took me 4 months to get my renewal back. For many years I just went down and would see a friend and get it done, back in a week. But NOOO... this time I had to stop by the DLTS Because I was driving by it in Gallitan and get it renewed... I'll never do that again.

My old renewal date was in May. Last year I sent my paperwork in at the end of Feb., before I even got the letter. I know there was that problem last year with the FBI and all, along with the whole Channel 5 dustup, but I didn't get my renewal until the end of July. Five months almost to the day. I got two of those extension letters to carry from the DoS.

[Guest Jamie]

It wasn't just show a birth certificate. Wasn't it a certified copy that they were going to keep? Why did they want one every four years? I ordered mine a couple of months ago and it cost me $25.

Yep, certified, and yeah they were gonna keep it, at least if you mailed it in. I don't know if they would've if you'd gone to the DL station to renew or not.

[Guest Doc44]

Wow... have to have a certified birth certificate to have the legal right to protect yourself.... but anybody can run for president.

Doc44

[Guest HexHead]

Yep, certified, and yeah they were gonna keep it, at least if you mailed it in. I don't know if they would've if you'd gone to the DL station to renew or not.

It was pretty painless when we submitted my wife's paperwork at the Springfield DTS. I'd rather chew my leg off than voluntarily go to one of the Nashville stations.

[Guest HexHead]

Wow... have to have a certified birth certificate to have the legal right to protect yourself.... but anybody can run for president.

Doc44

yeah, we're still waiting to see that certified birth certificate.

[Guest Jamie]

It was pretty painless when we submitted my wife's paperwork at the Springfield DTS. I'd rather chew my leg off than voluntarily go to one of the Nashville stations.

Heh... try being married to somebody who worked at one of those stations. I can tell you, you'd be ready to chew your own head off.

[Guest Jamie]

Wow... have to have a certified birth certificate to have the legal right to protect yourself.... but anybody can run for president.

Doc44

So does this mean it's open season on illegal immigrants? At least so long as they aren't president?

[wjh2657]

When I got my permit a year ago the birth certificate requirement was in effect. So I guess it falls within the "still qualified' area.