My HCP sob story

[Guest HexHead]

Tennessee is a shall issue state, if you can buy a gun from an FFL you can get a permit. There is nothing the Sheriff can, legally, do about it.

Not quite. The requirements to get an HCP are quite a bit more restrictive than just the NICS check.

[Superman]

I know they do more than just a NICS check, I have a permit. What will keep you from getting a permit that won't keep you from buying a gun?

[Oh Shoot]

I know they do more than just a NICS check, I have a permit. What will keep you from getting a permit that won't keep you from buying a gun?

There's a reason that a NICS takes 10 min but a HCP check can take 90 days (or more) and it's not ALL due to inefficiency at the DOS office.

There have been several reports here of folks who were able to buy guns but had their HCP denied until they worked something out with some boo boo or other on their record, so I don't know exactly how the two checks differ but it's pretty obvious that the HCP one is more extensive.

Seems things that happened at a different address or especially in a different state may not always show on NICS but will on HCP check.

- OS

[Fallguy]

The sheriifs have no say here in Tennessee either. From 39-17-1351. Handgun carry permits.

( Send a copy of the application to the sheriff of the county in which the applicant resides.

(2) Within thirty (30) days of receiving an application, the sheriff shall provide the department with any information concerning the truthfulness of the applicant's answers to the eligibility requirements of subsection © that is within the knowledge of the sheriff.

Tennessee is a shall issue state, if you can buy a gun from an FFL you can get a permit. There is nothing the Sheriff can, legally, do about it.

But they used to have a say and issued the permits......and that was the discussion going on

[Fallguy]

I called CO and asked them their take on my CO CCW and was told the day that I no longer was a CO resident that my CO CCW was no longer valid. TN told me it serves as a temporary HCP for 30 days after becoming a resident here. Getting two different stories from two different states. I live here so I'm going with TN's say on this matter. Either way 30 days ended 65 days ago. This sucks! Caught up in the system.

I'll email this lady and be mindfull of my manners.

Thanks guys.

I'm sure as far as CO is concerned your permit is no longer valid in CO, but that doesn't mean TN wouldn't still recognize it.

As others said in TN a expired permit is still good if you have the paperwork showing you applied for a renewal before the expiration date.

The real question is whether that still applies to an out of state permit being "renewed" to get a TN permit.

[JayC]

Thanks I will. I paid the $50 fee.

Didn't you receive a yellow receipt that says basically this acts as your permit until your new one is received?

I'm not sure what they do with out of state licenses but every renewal form I've ever seen had a little white sticker on the top that says to the paper as your permit until the new permit comes in the mail.

[Guest GunTroll]

Didn't you receive a yellow receipt that says basically this acts as your permit until your new one is received?

I'm not sure what they do with out of state licenses but every renewal form I've ever seen had a little white sticker on the top that says to the paper as your permit until the new permit comes in the mail.

Thats funny. The yellow piece of paper I got the guy hand wrote out that this is not a permit to carry. They (TN DMV people) tried to take my CO CCW from me. After arguing with them a boss type figure came over and pulled up the regs on their computer. She then informed them to give me back my CCW. It clearly states on my CO CCW that this ID belongs to the Sheriffs department of Jefferson County CO. I still got it. Its not expired, but I fear that if a LEO were to run it for some reason CO wouldn't honor it due to me asking the county back in CO what they want me to do with it once TN comes through. Long story short the CO people told me it wasn't valid any longer due to me not being a resident of CO.

My lesson learned here..... never tip your cards to the GOV. I tried the honest do good citizen approach and now I'm 97 days without my permit. The breakdown between dealing with two states is jeopardizing my right to protect myself and family. Sad thing is the 2A for some reason seems not to apply. Sad!

[JayC]

If it's been 97 days, you should call TN DOS and ask where you're CCW is... I'd also call my local legislator and see if they can help you get this straightened out... hopefully you live in a area with a pro-2A one.

Thats funny. The yellow piece of paper I got the guy hand wrote out that this is not a permit to carry. They (TN DMV people) tried to take my CO CCW from me. After arguing with them a boss type figure came over and pulled up the regs on their computer. She then informed them to give me back my CCW. It clearly states on my CO CCW that this ID belongs to the Sheriffs department of Jefferson County CO. I still got it. Its not expired, but I fear that if a LEO were to run it for some reason CO wouldn't honor it due to me asking the county back in CO what they want me to do with it once TN comes through. Long story short the CO people told me it wasn't valid any longer due to me not being a resident of CO.

My lesson learned here..... never tip your cards to the GOV. I tried the honest do good citizen approach and now I'm 97 days without my permit. The breakdown between dealing with two states is jeopardizing my right to protect myself and family. Sad thing is the 2A for some reason seems not to apply. Sad!

[trblmkr13]

I am going crazy at 2 weeks if I hit day 97 I am driving up to Nashville for answers

[Guest mn32768]

The statement you posted....where can I find the statute that you referenced?

Tennessee Code Annotated 39-17-1351(l) states:

"(l) The department shall issue a permit to an applicant not prohibited from obtaining a permit under this section no later than ninety (90) days after the date the department receives the application. A permit issued prior to the department's receipt of the Tennessee and federal bureaus of investigation's criminal history record checks based upon the applicant's fingerprints shall be subject to immediate revocation if either record check reveals that the applicant is not eligible for a permit pursuant to the provisions of this section."

The Handgun Permit department has to issue or decline the permit within 90 days and cannot refuse to issue the permit because background checks are not complete. If I were you, I would contact the Department (via email to "safety@state.tn.us") and ask them if they're refusing to issue the Handgun Permit now that the 90 days has elapsed in violation of the "shall issue" statute.

[Oh Shoot]

Tennessee Code Annotated 39-17-1351(l) states:

"(l) The department shall issue a permit to an applicant not prohibited from obtaining a permit under this section no later than ninety (90) days after the date the department receives the application. ...

However, the TCA says nothing about renewal turnaround time, and OP's HCP is likely being treated as one, since he was only charged the renewal fee, and not the first time app fee.

MANY folks have not gotten their renewal within 90 days.

- OS

[Guest c.mcbee]

i sent my app. and finger prints in on the 10th of november. I made the call today and the lady told me that i was approved but it had not been pulled yet so she pulled it and told me that i would receive it in 14 days or less. so even if it takes the full 14 days i am lookin at 42 days max.

[MadMarx]

Just made the call, been calling once a week for the last couple. My wife and I filled out the Apps and got fingerprinted on Nov 2, now on the list to be issued. Getting close to the Wally-Walk:x:

[coopracing]

Has anyone ever stopped in the Foster Ave. office? I work on the next street over and have thought about stopping in. I applied on Oct.12th and when I sent an e-mail a couple weeks ago she just replied to allow 90 days. Should I call?? or do you guys think it would be ok to stop in and ask??

[Fallguy]

I'm not sure, but I've never thought of it as walk-in type place/office. Since it is really just for processing and not applying.

[coopracing]

I'm not sure, but I've never thought of it as walk-in type place/office. Since it is really just for processing and not applying.

Yes sir I agree with you,,,,,,, I did go ahead and make the call. I was really trying to be patient, but I am so anxious to get it I feel like a kid. For what ever it's worth the guy was very nice. I give him my information, he confirmed address and full name, told me everything was approved and I should see it within 7 days or so?????

Does this say it was sitting idle at some step of the process??? Did this change anything or would it have been 7 days anyway??? Does this help the original poster??? I don't know the answer, nor did I want to tie him up asking, but I will probably have to take off from work so I can sit at the mailbox the next couple weeks!!!!----------

Edited December 8, 2009 by coopracing

[Guest GunTroll]

Alright, I emailed Lisa Knight on sunday and got a response monday. I just checked my email today. She said I was approved on monday . Funny how it takes an email to get something done that is over due. She thanked me for my patience and told me of the backlog issue. Should get it 10-14 days from now.

So if I count it all up including the 14 day wait to receive the permit, assuming it will take the full 14, It will have taken me 114 days.

Mrs. Knight was very polite and I would recommend anyone who has been waiting patiently to email her to ask for help and or answers.

Thanks for pointing me to her!

[coopracing]

I am glad you got an answer. I hope you have it by the end of the week!!!!

By the way, Welcome to TN!

[Oh Shoot]

Alright, I emailed Lisa Knight on sunday and got a response monday. I just checked my email today. She said I was approved on monday . Funny how it takes an email to get something done that is over due. She thanked me for my patience and told me of the backlog issue. Should get it 10-14 days from now.

So if I count it all up including the 14 day wait to receive the permit, assuming it will take the full 14, It will have taken me 114 days.

Mrs. Knight was very polite and I would recommend anyone who has been waiting patiently to email her to ask for help and or answers.

Thanks for pointing me to her!

Most folks can get the same results by just calling, but sounds like they've put on some temps again, that ONLY answer the phone.

During my experience, I got some gal who said if I "missed a check cycle", it could be 180 days. I sent a (perhaps too acerbic) email to Lisa, who actually CALLED me back, apologized for the poor information, explained they were using some temps, and would get that rectified. But it still took 88 days overall.

One problem is, the law says they must issue in 90 days, but there are no penalties for not doing so, so it's an unenforceable statute.

And yeah, they always say, "it was issued" or "it will be issued" on such and such...like your phone call was a total coincidence.

- OS

Edited December 9, 2009 by OhShoot

[DavidH1]

There's a reason that a NICS takes 10 min but a HCP check can take 90 days (or more) and it's not ALL due to inefficiency at the DOS office.

There have been several reports here of folks who were able to buy guns but had their HCP denied until they worked something out with some boo boo or other on their record, so I don't know exactly how the two checks differ but it's pretty obvious that the HCP one is more extensive.

Seems things that happened at a different address or especially in a different state may not always show on NICS but will on HCP check.

- OS

NCIS check goes to the TBI. HCP goes to the local sheriff, TBI, and FBI that's why it can take so long. I have been waiting 76 days. I am starting to get a little impatient the 20th will 90 days and I will start calling.

[Wingshooter]

NCIS check goes to the TBI. HCP goes to the local sheriff, TBI, and FBI that's why it can take so long. I have been waiting 76 days. I am starting to get a little impatient the 20th will 90 days and I will start calling.

I would go ahead and call now.

It was the same deal with me that others have reported... They said it was issued the day that I called, and I got it a week later.

[Guest excatm76]

I emailed Lisa Knight over the weekend too. Same thing got a response and my permit was aproved on Monday. I also contacted my state Rep on Friday afternoon and thier office called on Tuesday to say that they had called and my permit was aproved. It looks like the email is still a good way to go. But don't forget you have elected state Reps that work for you too.

[DavidH1]

I would go ahead and call now.

It was the same deal with me that others have reported... They said it was issued the day that I called, and I got it a week later.

Hey batman, I called today and they it was on the way. I wonder if they tell everyone That?

[Oh Shoot]

Hey batman, I called today and they it was on the way. I wonder if they tell everyone That?

About 75% of those who call after 30 days, yes.

- OS

[shortround]

I called today and was told it's still processing. I'm at 52 days.