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Help, HCP expired.... Renewed in April


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Posted (edited)

If i'm posting this in the wrong forum, I apologize.... I'm wondering if I can legally carry? My HCP expired on 8/3/2009 but, I renewed on 4/15/2009 and I have the copies of my renewal applications and the reciepts attached. I tried calling the # on the website at 4:oopm no answer...

Edited by Tony B
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Guest centurion
Posted

Mine expired on 6-23. Renewed in 6-18. Just keep the copy of the application and your expired license together. This will keep you legal until your new permit arrives. The DOS office put a small sticker on mine that says receipt serves as temporary carry permit.

Guest Muttling
Posted

The legal aspect is something only an attorney can answer, you tried to comply with the law (which goes in your favor) but you haven't been issued a renewal (which doesn't go in your favor.) I'm guessing that it's not legal for you to carry at this point in time as you haven't received any form of acknowledgement of your application to renew, but that's just a guess.

I would not carry until you can speak someone from the state and I would document the crap out of everything you from here forward. I would also suggest calling them earlier in the day for clarification as well as status.

Guest Isaac
Posted

From what I've read on other threads, if you have the paperwork and receipt, it should work in place of your HCP until you get your new one as long as it is done before the expiration date, so you should be good. I'm not 100% sure, anyone wanna confirm?

Edit: LOL, guess I was on the reply screen too long :rolleyes:

Guest Patty
Posted (edited)

What do the renewal rules state about this?

Edited by Patty
Posted (edited)

As long as you renew before your expiration date, you can continue to carry with your old HCP and the recipet that shows your applied for a renewal even after the expiration date on the old HCP.

They should explain this when renewing your HCP.

From Handgun Carry Permit Frequently Asked Questions Question 5

The renewal fee for a handgun carry permit is $50.00. Permit Holders whose permit have not expired and are renewing their permit, may legally carry their handgun with the receipt provided from their application.

and

39-17-1351(q)(1)

Prior to the expiration of a 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 a permit. In the event the permit expires prior to the department's approval or issuance of notice of denial regarding the renewal application, the permit holder shall be entitled to continue to use the expired permit; provided, however, that the permit holder shall also be required to prove by displaying a receipt for the renewal application fee that the renewal application was delivered to the department prior to the expiration date of the permit.

Edited by Fallguy
Guest rockytop
Posted
Mine expired on 6-23. Renewed in 6-18. Just keep the copy of the application and your expired license together. This will keep you legal until your new permit arrives. The DOS office put a small sticker on mine that says receipt serves as temporary carry permit.

What he said.

This is what I was told by the DOS employee at the Driver Testing Station where I renewed.

Posted
The legal aspect is something only an attorney can answer, ...

Horse pucky.

The rules are very plain, and are on the TNDOS site.

See FallGuy's post.

- OS

Guest HexHead
Posted
I'd like to thank everyone for their help!!!!!

Copy of your application doesn't mean squat. The rule says copy of the receipt showing you paid the fee.

If you renewed by mail, you don't have the receipt. You need to call them and they will send you a letter you need to carry with your expired permit until the new one comes.

Posted
If i'm posting this in the wrong forum, I apologize.... I'm wondering if I can legally carry? My HCP expired on 8/3/2009 but, I renewed on 4/15/2009 and I have the copies of my renewal applications. I tried calling the # on the website at 4:oopm no answer...

If you get caught you are going away for 11 - 29. Big Offense ;)

:hyper: Ah just kidding, go with what Fallguy tells ya.

As long as you renew before your expiration date, you can continue to carry with your old HCP and the recipet that shows your applied for a renewal even after the expiration date on the old HCP.

They should explain this when renewing your HCP.

From Handgun Carry Permit Frequently Asked Questions Question 5

and

Guest Muttling
Posted
Horse pucky.

The rules are very plain, and are on the TNDOS site.

See FallGuy's post.

- OS

Yes they are, I had not seen this detail before and I'm glad he posted it.

Guest Patty
Posted

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

Guest Patty
Posted

So the correct answer would be no, if your permit has expired

Posted
So the correct answer would be no, if your permit has expired

The OP renewed 4 months before the expiration of his HCP.

The member in post 2 renewed 5 days before his expired.

But you are right, if you permit has expired before you renewed you can not carry until your new permit arrives. But that wasn't the case for these two individuals

Guest Patty
Posted
The OP renewed 4 months before the expiration of his HCP.

The member in post 2 renewed 5 days before his expired.

But you are right, if you permit has expired before you renewed you can not carry until your new permit arrives. But that wasn't the case for these two individuals

If, you have not recieved your renewal permit back from the issuing agent before the old one expires, then you cannot carry. If you are waiting before the old one expires, then you can carry provide you have the proper copy of the renewal application on you. It matters not weather you sent it in 6 months or 4 months, or 4 days, once it expires you cannot carry untill you recieve the renewal from the issuing agent.

Is that not what the rules mean ?

Posted

Nope not what it means.

As long as you have applied for your renewal before the date of the expiration of your old permit, you are good to go with a receipt for your renewal.

If you apply for a renewal after your old HCP has expired then NO, your receipt is not good enough, you must wait until your new HCP arrives in the mail.

Correct Fallguy?

Posted
If, you have not recieved your renewal permit back from the issuing agent before the old one expires, then you cannot carry. If you are waiting before the old one expires, then you can carry provide you have the proper copy of the renewal application on you. It matters not weather you sent it in 6 months or 4 months, or 4 days, once it expires you cannot carry untill you recieve the renewal from the issuing agent.

Is that not what the rules mean ?

That is wrong.

Read the law.

It plainly says you can continue to carry even if your old permit has expired as long as you can prove your applied for renewal before the expiration date. You show that by the sticker they put on the reciept when your renew.

Posted
Nope not what it means.

As long as you have applied for your renewal before the date of the expiration of your old permit, you are good to go with a receipt for your renewal.

If you apply for a renewal after your old HCP has expired then NO, your receipt is not good enough, you must wait until your new HCP arrives in the mail.

Correct Fallguy?

100% correct.

Guest Patty
Posted
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

This is a copy of the rule, from the state website. I thought I understood what I read to imply that if your permit has expired and renewing their permit cannot lawfully carry a hangun until they receive their new permit.

It will be my decision to not carry unless I have the renew permit.

Posted
This is a copy of the rule, from the state website. I thought I understood what I read to imply that if your permit has expired and renewing their permit cannot lawfully carry a hangun until they receive their new permit.

It will be my decision to not carry unless I have the renew permit.

First state law superseceds any rule/regulation of department. But both are saying the same thing in this case.

Both are discussingn two possiable scenarios on renewing.

1. Applying for renewal before expiration expiration.

2. Applying for renweal after expiration of current HCP. (Which you can do if it is whithin 6 months of expiration. If it is over 6 months you are considered a new applicant)

In case number 1 above, you can continue to carry, even after the expiration date on the HCP as long as you can show you applied for renewal before the expiration date.

In case number 2 above you can not carry until your new HCP is issued.

But it is you decision to carry/not carry as you see fit. I am just trying to prevent misinformation from being given.

Guest Patty
Posted
First state law superseceds any rule/regulation of department. But both are saying the same thing in this case.

Both are discussingn two possiable scenarios on renewing.

1. Applying for renewal before expiration expiration.

2. Applying for renweal after expiration of current HCP. (Which you can do if it is whithin 6 months of expiration. If it is over 6 months you are considered a new applicant)

In case number 1 above, you can continue to carry, even after the expiration date on the HCP as long as you can show you applied for renewal before the expiration date.

In case number 2 above you can not carry until your new HCP is issued.

But it is you decision to carry/not carry as you see fit. I am just trying to prevent misinformation from being given.

I think I understand what you wrote, and your intent is to prevent me from making statements based on the rules, that could be misleading. This is a good approach to these discussions, as that is my intent to begin with. I would not want to error on my viewpoints to the extent that would cause anyone to think as I do and be wrong. Thank you for sharing your ideas with me like you have about this Fallguy.

Guest dlstewart01
Posted
This is a copy of the rule, from the state website. I thought I understood what I read to imply that if your permit has expired and renewing their permit cannot lawfully carry a hangun until they receive their new permit.

It will be my decision to not carry unless I have the renew permit.

Its simple If you renew before your permit expires you can carry after your permit expires if you have not received the permit yet,

If you WAIT till your permit expires and then renew, you CANNOT carry till you receive your new permit.

Posted
... My HCP expired on 8/3/2009 but, I renewed on 4/15/2009 and I have the copies of my renewal applications and the reciepts attached. I tried calling the # on the website at 4:oopm no answer...

Wow...I'm surprised that it's been 4 months. Mine expires 01/10 and I sent mine off a few weeks ago.

Glad I did.

Posted

Mine also expires this month. I sent in my renewal in May, and got a letter from TDOS in early June. The letter stated that it would serve as a temporary carry permit until my renewal arrives. However, it also stated in bold type: "This letter will expire in 90 days from the above date (May 30) and become void should your background check reveal any criminal charges." So, does this mean A) it will become void in 90 days if they find criminal charges, or does it mean :shake: it will become void if criminal charges are discovered, but will be void after 90 days regardless?

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