Need some help on the law here

[Guest canynracer]

TCA 39-17-1351(g) and Title 18 USG

I just got a letter today from Nashville wanting information about a DUI I got 10yrs ago...While I was on probabtion for the DUI (got it in 97 came with 3rs probation), the prob dept switch my case to a new officer who said I failed to report in 2000, they did not tell me this AT ALL...needless to say, I was arrested on Easter, I bailed out... went to court the NEXT day, showed the judge proof that I reported, he said "Probation reinstated" that was it, I continued to report on time and schedule till my probabtion lifted.

Nashville did not deny me, but the letter says I must provide certified documents from the CA court about the probabtion violation arrest... I have already ordered these documents and Ventura Courts said they would mail them in the morning...(the lady at the courts said "it was no big deal, looks like you did what you were supposed to do, the record does say guilty but probation reinstated with no additional extension")

my question is, am I going to be denied this application?

I am FREAKING OUT!!!

The application did not say anything about things that were that old on my record or I would have disclosed it...they asked for 5 yrs

[Guest canynracer]

The only thing I can find on DUI is: The applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other State two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years from the date of application or renewal.

My responses:

I only got convicted on one DUI in July of 1997

and the offense they are talking about is dated 4-23-2000, that is 2yrs older than 5yrs of the date I applied...and it wasnt a DUI...it was part of the same DUI

grrrrrr, I am not gonna sleep well tonight...

When I get the documents, I am going to fedex them back to nashville instead of snail mail...

thoughts?

[saintsfanbrian]

Canyn - I am not a legal expert by any means, but I think you will probably be okay. Don't sweat the petty stuff and don't pet the sweaty stuff. There is time to worry. Remember, if they haven't found a reason to deny you by the 90th day they MUST issue.

[Guest canynracer]

LMAO....Thanks Brian!! (pet the sweaty stuff?? sicko!!)

I ordered the docs from the courts in CA, paid xtra to rush them cause the letter from Nashville says if I dont respond in 90days application will be denied.

I also wrote a letter:

________________________________________

To Whom It May Concern: 10/22/07

My name is Joel Julian. I recently received a letter from your office about a Tennessee Handgun Carry Permit application I submitted on October 1, 2007. The letter indicated that there is 1ct of Probation Violation DUI/Alcohol arrest that showed up on my record from 4-23-2000.

I have included the requested court documents for my DUI case and the probation violation in question. I wanted to take a moment to offer a breif explanation about the offense.

On 9/26/2007 I plead guilty to count 2 of “Driving over the legal Blood Alcohol Limit”. Part of the sentencing for this offense was 36 months of formal probation to which I was required to submit a monthly report of my employment status, residence, and completion status of the required Drinking Driver classes. I reported this status religiously every month.

Unbeknownst to me, my probation officer left the department and my case was handed over to a new officer. Apparently, the new officer was not given all of my status reports. As a result, he was missing one report for April. I had no information about the change, and was arrested on a Probation Violation warrant that was issued. I was arrested on Easter and bailed out that evening. I was very confused about the warrant and the arrest so I called the probation department. They told me about the officer change on my case and said it was probably an oversight. I went to court on the scheduled court date and explained to the judge what I was told by the probation department. The judge gave me time served, and re-instated the probation without any extension of the terms.

This offense happened quite some time ago, and I want you to know that I did read the eligibility requirements prior to submitting my application. I read the code you referred to in your letter. The only thing I can find regarding this offense is in Section 11.

(11) That the applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and that none of the convictions has occurred within five (5) years from the date of application or renewal;

I do understand that you are the law experts, and my intent is not to debate, nor argue the laws of the state. The intention of this letter is simply to let you know that I did not intentionally withhold this information. This was for one DUI offense, and it was outside the 5yrs of me submitting the application.

I am a devoted husband, father of three children, a homeowner, and a tax payer, and a permanent resident in the state of TN, which just wants to protect his family. I do realize that I made a mistake in my past that I am neither proud of, nor defending. It was an obvious offense that I have taken responsibility for, and learned from. I was young (23) and have matured tremendously since this learning experience.

I know your time is valuable, and I want to thank you for your review of my application.

Sincerely,

Joel Julian

____________________________________________

you guys think I should include it with the court docs? I am open to ANY advice from TGO

[Guest canynracer]

bump...I would really like to get some opinions on if I should include the letter...

[EMTRN]

I think the letter is a good idea except for this part:On 9/26/2007 I plead guilty to count 2 of “Driving over the legal Blood Alcohol Limit”. (Change that date and you are good!)

Paul

[Guest tjbert47]

Joel

I got that same letter when I applied for my permit in 2000. It is a normal step in the process. I went down town to the court house and got the records they asked for sent them in Fed Ex. A few weeks later my permit came in the mail. No delay.

You'll be just fine.

Tom in TN

[The Rabbi]

What kind of cake do you like?

[Guest canynracer]

I think the letter is a good idea except for this part:On 9/26/2007 I plead guilty to count 2 of “Driving over the legal Blood Alcohol Limitâ€. (Change that date and you are good!)

Paul

HOLY CRAP!!!! nice catch!!! thanks SO much!!! it was in 97

[Guest canynracer]

What kind of cake do you like?

once again Rabbi...you lost me..LOL...what do you mean?

you mean like its a cake walk?

[Mike.357]

Originally Posted by The Rabbi

What kind of cake do you like?

My guess is the old " file in a cake" thing. Yanno to break out of the hoosecow.

as for your letter I would not send it. Anything you send them will more than likely just be considered hearsay anyway, your opinion, and I doubt they care about your opinion. Just send them the documentation they need and a copy of their original letter to you. Ask them to let you know about your pending permit, maybe in a brief note stating what is included in the envelope.

It will all work out. I do have faith in TDOS. They cleared my permit up in about ten days from mailbox to mailbox.

[Guest canynracer]

ahhh...gotchya....sorry Rabbi..I am kinda slow

Nice..good advice! Thanks,

Joel

[Guest canynracer]

What do you think bout this?

__________________________________

To Whom It May Concern: 10/22/07

My name is Joel Julian. I recently received a letter from your office about a Tennessee Handgun Carry Permit application I submitted on October 1, 2007. The letter indicated that there is 1ct of Probation Violation DUI/Alcohol arrest that showed up on my record from 4-23-2000.

I have included the requested court documents for the DUI/probation violation in question, and the original request sent by your office

Please let me know if you need anything else that can help expedite my application.

Sincerely,

Joel Julian

(901) 389-0968

[Mike.357]

That is a lot cleaner and more to the point than what you wrote at first.

The only thing I might change on it is

You wrote

To Whom It May Concern:

I would prefer

"Dear Program Manager Handgun Carry Permit Office,"

Just my opinion is that is is more specific than " to whom it concerns. And that is probably how the letter to you was signed. If not, then specifically greet the person who sent it(or their title in lieu of not knowing their name.)

Also make sure you send your information to the attention of the Program Manager Handgun Carry Permit Office. I assume the address in Nashville is at the TDOS.

I do not know if my opinion is right or wrong on how you were going to do it or as far as my advice goes. All I know is that is how I did it and achieved the desired results.

I can relate to you probably feeling ate up by this. I was on a rollercoaster of emotion for four months while my situation was being resolved. Get arrested and figure

"well there goes the HCP" then recieving it in the mail a few days later, then getting mail more than a month down the road telling me my permit was not valid. Then waiting for my hearing and getting the documentation to send to TDOS. I can relate to how you are feeling.

It will all work out for you. I recommend you have about four fingers of bourbon and two fingers of water and watch the rest of Blazing Saddles on CMT right now. It will cheer you up.

[DaveTN]

My guess would be that your record is missing a disposition on the probation violation arrest.

If the records from the court show a disposition; you should be good.

I would submit a letter of explanation, but I would not question the eligibility requirements.

[Guest canynracer]

LMAO!!! thanks for the advice Mike, and I hear ya, acknowledging the person that sent it to me is best...I cant imagine it giving me a denial...according it has been 10yrs since the DUI, and 7yrs since the prob arrest...well I can only try...hopefully it works out.

Thanks guys!!

JJ

[Guest canynracer]

thanks Dave...I am going to go with a not so long letter to explain the arrest but like you said, I am going to leave the rest out of it...I tend to babble, so I am going to be to the point, and let the records I get from CA speak to it.

I will probably go in the middle of nothing, and the long think I had out there last time.

[Mike.357]

I tend to babble

I did not notice that

[Guest canynracer]

I give up...lol...

[Mike.357]

So did you get you request sent off about the paperwork over your probation?

What did you end up sending TDOS?

[willis68]

I give up...lol...

I feel for you, when I got my permit in Florida,something red flagged during the process of obtaining my permit, while 18 drunk and stupid, a friend of mine and myself committed a dine and dash, because we argued with the waitress (etreme Stupidity) anyway nearly 20 years later when i applied for my permit, the state of Florida said there was a "theft" showing on my background, the problem was that it was soo vauge, and the theft appeared to them to be more than a dine and dash, I had to play phone tag with the state of Florida and the court system of the town in Ohio, I grew up in, after my permit was issued that stuff never appeared on my records again?? My point is that you should have no problem as long as you have proof, as you do,

Best Of Luck,

[Guest canynracer]

I just got the paperwork from CA, its the wrong stuff..they are sending me the right stuff, I will probably get it wed...then I am gonna fedex it, along with the letter they sent, and a very brief letter that will basically thank them for expediting the permit.

we will see....

[Mike.357]

I bet this fast tracks your HCP and you will receive it very shortly after nashville gets the paperwork.

[Guest canynracer]

I hope so!! I will keep you posted

[Guest Clark]

Sorry to hear about your problem, but in many state statutes it states that you can not get your CCW Permit if you have had 2 or more in the last 3 years. I will have the staff check at Carryconcealed.net to see if the language applies in your state.

I think you will be ok....no worries. I got the following from following links from Carryconcealed.

http://carryconcealed.net/legal/tennessee-ccw-state-laws.php

Applicants are required to be a resident of the State of Tennessee;

Be at least twenty-one (21) years of age;

Applicants shall not have been convicted of any felony offense punishable for a term exceeding one (1) year;

Applicants shall not currently be under indictment or information for any criminal offense punishable by a term exceeding one (1) year;

Shall not be currently the subject of any order of protection;

Shall not be a fugitive from justice;

Shall not be an unlawful user of or addicted to alcohol or any controlled substance and the applicant has not been a patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction within ten (10) years from the date of application;

The applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other State two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years from the date of application or renewal.

Hope this helps!!!!!!!!!