HCP Revoked

[Guest bulletproof]

I think this really sucks. My future son-in-law received a certified letter from the State of Tennessee revoking his HCP. The reason is for a misdemeanor that he was charged with 3 years ago. He has 10 days to turn in his HCP and 30 days to appeal.

Possession and casual exchange of marijuana. He says it wasn't enough to roll a good joint and he wasn't even arrested at the time. They issued him a citation, he went to court and pleaded guilty, paid a fine and was given a short probation. He hasn't had any problems since then and hasn't smoked pot since then either. I know he doesn't smoke it now and he very seldom even has a beer. If he did anything I didn't agree with, he wouldn't be dating my daughter. He's a good responsible guy and holds down a good full time job.

He's had his HCP for about 3 months and carries a Taurus .40.

So now I suppose he will have to go thru the formal time consuming channels to appeal it with no real guarantee that he will get his HCP back. Has anyone else had this same problem? I really wish the State of Tennessee would get their act together.

[saintsfanbrian]

Well considering question 12 e of ATF Form 4473 states "are you an unlawful user of, or addicted to, marijuana..." and since he plead guilty to Possession and Casual exchange of marijuana I can understand why the state revoked his permit considering that is one of the questions on their application. The offense was withing 5 years of receiving his permit. He will have to go to court and might even want to get a lawyer involved in possibly having this expunged from his record as long as he has been completely clean and gotten in no other trouble since then.

I know it sucks, but this is just one more reason to obey the draconian drug laws.

[Guest bulletproof]

Yeah, I can understand the thinking on this (just barely) but he answered the question truthfully. It didn't ask if he had ever been convicted of a drug related misdemeanor but instead asked if he was an unlawful drug user or addicted to a drug(s) now. I guess it's a case of 'better to be safe than sorry' in the eyes of the State.

[TGO David]

So the State issued him a permit... and then subsequently revoked it after the fact for something that was on his record WHEN he applied for and was granted the permit??

Sounds like a money racket to me.

[Guest bulletproof]

Yep, that's what they did. He's had his HCP for over 3 months.

[TGO David]

Duplicate thread.

[molonlabetn]

Duplicate thread.

Cleaned up now.

[Guest GregRN]

I had held my permit for 8 yrs when they decided not to renew. No changes had been made to the law, or to my situation, when this happened to me. I had even answered yes to the question asked (restraining order), and supplied a copy with the original application. Not to mention that it was my lawyer who wrote the order that I wanted (keep the ex-wife from contacting me- it goes both ways).

To appeal, I had to pay $750 for a lawyer to go to General Sessions Court and around $120 for filing fees and certified mailings to the state.

I've said it before; I think the current administration is working to disarm as many people as possible. At least if they push everyone with any inkling of a problem, they will get a few who are unable to pay for defending their position.

I hope your future son-in-law has good luck with this.

[Guest dotsun]

I have to wonder if they would revoke a permit if the citation was for an open container. I doubt it. Perhaps if your sil submitted to a drug test that would prove he's not a current user and would satisfy the state.

[Marswolf]

Looks like they are getting him on item 10 of 39-17-1351 Handgun carry permits

(10) That the applicant is not 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;

[Mike.357]

This goes to prove that you should never outrightly plead guilty to any charge.

If he had gotten a lawyer at the time it probably could have been pled out or maybe even outright dismissed. If his record was previously clean they certainly would have given him judicial diversion with expungement being an option at the end of the diversion.

No doubt the admission of posession is what is costing him his pemit. This admission may also effect his right to own a gun.???

Dotson an open container in my mind would not be a problem, alcohol is not illegal if of age to drink. I do not think an open container charge would be a disqualifier for a permit.

My advice is if he wants to get his record cleaned up and restore his rights he will need a very good lawyer now. He should have taken care of this back then.

[Guest bulletproof]

I agree it should have been taken care of when it happened but he was just an 18 year old kid at the time doing something stupid and probably didn't have any guidance and money for a lawyer. He never dreamed a simple misdemeanor would bite him down the road.

He didn't have any trouble buying his Taurus .40 so I'm guessing that since he made it thru the check at purchase he will probably be keeping his gun. When I think of all the times I did stupid things and could have had a misdemeanor charge like that, I wonder how I ever made it. I haven't even had a moving violation in about 15 years or maybe even longer.

[Guest Phantom6]

How old is the future sil? Could mean he has to wait beyond the 10 year period mentioned in Marswolf's post to get his HCP. Either that or drop a grand on his defense which is still no guarantee. Mike.357 said it correctly when he said-

This goes to prove that you should never outrightly plead guilty to any charge.

Even senators know that now.

[Marswolf]

They really are asking you to prove the negative. How in hell can you prove that you are "not an unlawful user of or addicted to alcohol or any controlled substance"?

Apparently their position is that if you have ever been convicted of illegal drug use, you are barred from having a permit unless you can prove otherwise.

In the case of drunk driving, the law is specific that it doesn't apply if you haven't been convicted twice in 10 years or once in the past 5 years from the date of the application.

For drug use, it could be considered a permanent block on getting a permit.

It's a poorly written law.

[Guest canynracer]

In the case of drunk driving, the law is specific that it doesn't apply if you haven't been convicted twice in 10 years or once in the past 5 years from the date of the application.

I know they "say" that is the law, but in my case, they are questioning my ONE DUI that happened 10 yrs ago...now granted, I was arrested for probabtion violation on the same offense (said I didnt report, which I did..they found me guilty and reinstated it with nothing additional) in 2000, 7 yrs ago...but still...one DUI 10 yrs ago is still haunting me...

I overnighted the records they asked for they got it on friday morning...so we will see...

but I agree, it is unclear, but even if it was VERY clear like the DUI, they will still do what they want no matter how long ago it was, or what the situation is.

[SHbicycle]

It's like I tell my son you have to watch your self, just one mess up and it can change your hole life. And if you are braking the law it ups you chances more than you can imagine.

[shaftbass]

A friend of mine was convicted of simple possession of weed back in 02, got probation, and it never affected his permit or renewal of his permit. Strange how inconsistent the law is, but then again, it's enforced by the government.

[Guest Boomhower]

Then he better be vewy vewy qwite.

[roninnashville]

Is anyone familiar with the R84 form filled out by the FBI? Just try to get one of these filled out. I had a charge (my only one ever) that was dismissed by a federal judge and could not get the FBI office to complete a simple form regarding the judgement. This would prevent me from purchase of a weapon through FFL's. (background check) This prevented me from going through the normal channels of the purchase of weapons through an FFL. I tried for several months and made no progress. I gave up but I may try again if I can avoid spending money on a lawyer. Does the law enforcement agency (FBI) do this as routine or for what reason?

[Marswolf]

Since you apparently don't have inside connections, I'd ask my congressman to "request" that the FBI fill out the form.

[Will]

Buddy had same thing ,paid lawyer to have it expunged and TN ok with permit.

It may be harder now that it is in at least three databases.

[DaveTN]

It's like I tell my son you have to watch your self, just one mess up and it can change your hole life.

Same thing I’ve told my kids and family. Not only with buying/owning guns, but a DUI, Domestic Violence, or minor drug arrest can be a career ender.

[Guest canynracer]

Same thing I’ve told my kids and family. Not only with buying/owning guns, but a DUI, Domestic Violence, or minor drug arrest can be a career ender.

I tell my kids the same...they are witnessing a DUI 10 yrs ago mess with me.

makes me wonder why my parents never messed up so I could learn

[Guest bulletproof]

My future sil went to the courthouse today to file his appeal. Because his offense was a misdemeanor and all obligations had been met it was listed as 'dismissed'.

Not only did the lady expunge the records for that, she also expunged two moving violations from his record. She said that they never should have revoked his HCP and he should get it back in about two weeks.

I just love happy endings!

Cost: Gas to drive to the courhouse and back.

When he gets his HCP back we are going to go the range and use the letter they sent him as the target!

[Rightwinger]

Way to go!

Just goes to show, follow through with all possible recourse to get your goals.

Congrats to your SIL