Dept of Safety problem

[Guest GregRN]

Hey Guys! I'll try not to get long winded here, but I want to vent.

I was issued my HCP June 1999. When I filled out the app, I included a copy of my restraining order. The order says simply that my ex-wife and I are not able to contact each other. This is a permanent court order, that I wanted in place. No violence, and no mention of violence. Despite my restraining order, I was issued the HCP.

January 2000, I changed addresses. Once again the app was marked 'yes' for restraining order. This time, instead of including a copy, the app stated "copy on file with original application". I was again issued my HCP. Same thing in June 2003, when I renewed.

This year, I was denied renewal. Reason: restraining order. After 8 yrs and 3 successful apps, with no change in law or in my situation. The app was filled out the exact same way. I even called Nashville to make sure a copy was on file. Now, $750 to a lawyer, and I hope to go to court soon.

I think I've been wronged. What do you think?

[towerclimber37]

let me get this straight, YOU placed the restraining order?

[Guest GregRN]

let me get this straight, YOU placed the restraining order?

My lawyer filled out the paperwork and I signed it. Obviously, I would have rather not had this hanging over my head, but her lawyer wouldn't go along with the agreement easily, unless this order was in there. To clarify: She placed a no contact restraining order temporarily; then, my lawyer made it permanent and mutual. The order simply says that neither party shall contact the other.

So why did she file it in the first place? I complained to her new employer (my bank) after she called me at home and told me about looking at my accounts in the computer. They chewed her out and she took me back to court.

[Smith]

Without knowing the situation it's hard to say, but I would never agree to any kind of legal binding permanent order. It just allows too many ambiguities to be placed in a negative context in the future. Good luck on this one.

[Guest GregRN]

You are right. I wish my lawyer and I had put a 'sunset clause' in there. I will definitely be going back to have this order removed. However, I have to appeal the denial of renewal first. Otherwise, I lose my right to appeal due to the deadline.

[saintsfanbrian]

Dude, that sucks. Note to self, never put that word permanent in writing.

[Guest Kingfish]

Good luck dude. That really sucks.

[Mark@Sea]

Never underestimate the capacity for stupidity of state employees. I could tell you a long winded story about South Carolina, but...

Good luck, and keep a copy of everything.

[Guest GlocKingTN]

Never underestimate the capacity for stupidity of state employees

(OR WOMEN)!!!!!!!!!!

I dont mean that in a bad way toward women(or maybe I do), but they can get things done in court that most MEN can't. And I'm living proof of this statement! I also have a real good court story, but..........

Anyways, good luck with your problem!

[Guest Medic908]

Careful about state employees...

[Guest Phantom6]

There is an appeal process for just this sort of screw-up. Call the handgun permit office in Nashville at (615) 251-8590 or you can download a PDF of the appeal form at http://tennessee.gov/safety/forms/handgunappeal.pdf

X-wives can be such a pain long after the marriage is over. I wish I could say that "All My X's Live in Texas" but alas only half of them do. Guess my life is only half like a country song. One lives right here in Oak Ridge. She lives less than a mile away and my dog growles and barks when she drives by. (Dogs CAN sense evil )

Good luck dude

[Guest GregRN]

It can be expensive to appeal. I'm sure I could have tried to handle the situation in court myself. After all, I have studied the federal and state laws extensively since I was rejected. However, I am not a lawyer, I am a nurse. I wouldn't want a shot of medication from a lawyer, so I thought it best to hire someone for representation and increase my chance of success. Personally I think it should be cut and dry. The TCA never mentions a restraining order. It merely states that you are not allowed to have a permit if you have an order of protection. Federal law defines an order of protection, and they expire after one year. However, restraining order is mentioned in the federal law as prohibiting purchase, if the restraining order mentions violence or physical harm. I should be safe either way. In any event, the reason cited for denial was "TCA 39-17-1351 Order of protection/Restraining order". I hope to soon hear the judge's interpretation.

[Cannon Fodder]

Careful about state employees...

What? He states the partial truth and I'm speaking from first hand experience.

[DaveTN]

Times are changing. Restraining orders or a domestic violence arrest will soon be the kiss of death to even purchase a firearm.

The haters are struggling to ban anyone with anything in their past from having guns. The VT shooting has caused debate that mental health records should be made available even when no arrest was made. This would open the door to ban anyone that has been through drug & alcohol rehab or anger management.

I have a 20 year old misdemeanor arrest in Illinois for illegal possession of a firearm that was dismissed. It has caused me to be denied a firearm purchase and have to appeal and wait four days every time I have bought a firearm in Tennessee. I have a C&R license from the ATF and even have a letter from the FBI that the charge was dismissed. I have purchased many firearms in Illinois, Alabama and Florida with no problem. TBI is doing this and there isn’t anything I can do. They say it is the Feds fault because the laws ban them from keeping any information they obtain on a background check on file.

I have been dragging my feet on getting a carry permit for that reason. I assume that it will be denied and I will be out $250.

Good luck on getting it straightened out.

[Guest Medic908]

What? He states the partial truth and I'm speaking from first hand experience.

Just want to make sure all of them aren't lumped together...some of us are actually decent people...

[Guest GregRN]

Times are changing. Restraining orders or a domestic violence arrest will soon be the kiss of death to even purchase a firearm.

You are right about that! I think they are making every effort to make it more difficult for legal carry. However, a person should not be penalized for a mutual NO CONTACT order. I've never been arrested (except for a speeding ticket...another story from my juvenile days).

Good luck to you, Dave. If you turn in all of your paperwork to the Dept of Safety with your application, they should not deny your permit. However, you must be prepared to appeal in General Sessions court if they deny. That is what the appeals process requires.

[Cannon Fodder]

Just want to make sure all of them aren't lumped together...some of us are actually decent people...

True. It seems that most of the stupidity lies in management more than the employees in my experience, but there are still stupid employees.