Rehab?

[gunsablazin]

I have a friend who went through a drug rehab program a couple of years ago. According to what I have found at the DOS site he is not eligible for 10 years. What is the penalty for lying on the app form, I would like to scare him into not applying. Thanks.

[Fallguy]

You are right in that he is not eligible per 39-17-1351©(10) but I don't see anything in the law the describes a criminal penalty for lying, just that the permit will be denied if the DOS finds out the applicant meets any of the disqualifiers in 39-17-1351©

Even under 39-17-1352 where the HCP would be revoked if it is found out false information was given 39-17-1352(a)(2), it is only a crime if the person does not surrender the HCP within 10 days of being revoked.

So unfortunately, even though he knows he doesn't qualify there doesn't appear to be any penalty for trying, other than he would be out the money for the class and the $115 for the HCP if/when he is denied.

[Alpha7]

Let him go ahead and apply, pay his 115 dollars and then get denied. That should be a wake up call enough. LOL

[Guest Jcochran88]

Um did you say your "Friend"? I personally wouldn't want to be hanging out with a guy that is knowing breaking the law or trying to.

[Guest db99wj]

What circumstances are they defining as admitted into rehab? Voluntary or Involuntary? Voluntary is a lot different than involuntary.

I'm not saying one or the other, just a question if there is a difference.

[highshot]

Did rehab work? Just wondering why u want to scare him.

[gunsablazin]

Did rehab work? Just wondering why u want to scare him.

Yes, he has been drug free since rehab. I just would not want him to do anything that might get him in trouble.

[Alpha7]

More than likely he will get denied on his app anyways. Even if he does lie.

[Oh Shoot]

zapped, wrong info.

Edited January 20, 2010 by OhShoot
wrong info

[gunsablazin]

Thanks, OhShoot,

It was more like employer ordered, his boss told him to get help or get fired, he got help. Smart move too, he makes a good living, and being on prescription meds is no way to live. At this point I'll just mind my own business, which is usually the best thing to do anyway.

[Oh Shoot]

zapped, erroneous info

Edited January 20, 2010 by OhShoot
just wrong inf0

[Guest Anashman]

The January 1, 2010 amendment did not alter TCA 39-17-1351©(10) which still bars the permits to anyone who has been in rehab within 10 years of the date of the application.

The statute, TCA 39-17-1351©, requires the applicant to disclose and confirm under oath, whether that person has been in rehab in the 10 year period.

The application shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application commits the felony offense of perjury pursuant to 39-17-702." TCA 39-17-1351©.

I would discourage your friend from making any false statements.

-KQ

[Capbyrd]

Felony offense of perjury. Sounds like something you definitely dont want.

[Oh Shoot]

...TCA 39-17-1351©(10) which still bars the permits to anyone who has been in rehab within 10 years of the date of the application.

The statute, TCA 39-17-1351©, requires the applicant to disclose and confirm under oath, whether that person has been in rehab in the 10 year period...

Good point, and I overlooked that, mea culpa.

" (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;"

Don't know why I concentrated on the "mental" part (must be mental, LOL),... I'm editing my previous posts so as not to cause disinformation.

thanks,

OS

[Oh Shoot]

Thanks, OhShoot,

It was more like employer ordered, his boss told him to get help or get fired, he got help. Smart move too, he makes a good living, and being on prescription meds is no way to live. At this point I'll just mind my own business, which is usually the best thing to do anyway.

See Anasham's post above, and my retractions.

I took a whole erroneous bent on this, apologies.

- OS

[gunsablazin]

I will give him this info. I'm sure he'll do the right thing, he's not a bad guy, just went through a bad time that's all. Started out using legally for shoulder surgery and got hooked, it took a toll on him for sure. He's getting things back together now and I'm sure he won't want any part of a felony.

Thanks to all.

gunsablazin'

[Guest clownsdd]

BTW..if he is a close friend..it is your business.

[Fallguy]

The January 1, 2010 amendment did not alter TCA 39-17-1351©(10) which still bars the permits to anyone who has been in rehab within 10 years of the date of the application.

The statute, TCA 39-17-1351©, requires the applicant to disclose and confirm under oath, whether that person has been in rehab in the 10 year period.

The application shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application commits the felony offense of perjury pursuant to 39-17-702." TCA 39-17-1351©.

I would discourage your friend from making any false statements.

-KQ

This post got me to looking...it is actually 39-16-702 (Not 39-17-702)

39-16-702 Perjury.

(a) A person commits an offense who, with intent to deceive:

(1)

Makes a false statement, under oath;

(2)

Makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or

(3)

Makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury.

( (1) Perjury is a Class A misdemeanor.

(2)

Perjury committed on an application for a handgun carry permit under §

39-17-1351

is a Class E felony. Each application for a handgun carry permit shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.

(3)

Perjury committed on a sexual offender or violent sexual offender TBI registration form under title

40

, chapter 39, part 2, is a Class E felony. Each TBI registration form shall clearly state in bold face type directly above the signature line that an applicant who, with the intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.

So tell him it is a Class E Felony

[DaveTN]

Without making any judgments about what his friend should do; how in the world would DOS be able to determine that someone attended a drug rehab program unless it was ordered by the court or parole/probation?

Most of your information is not very secure; but I don’t think medical information is available to anyone unless you jump through hoops and sign all kinds of releases. My Doctors office wouldn’t even talk to my wife about any of my information unless I signed a release specifically stating they could do that.

[Alpha7]

Without making any judgments about what his friend should do; how in the world would DOS be able to determine that someone attended a drug rehab program unless it was ordered by the court or parole/probation?

Most of your information is not very secure; but I don’t think medical information is available to anyone unless you jump through hoops and sign all kinds of releases. My Doctors office wouldn’t even talk to my wife about any of my information unless I signed a release specifically stating they could do that.

Power of attorney is a wonderful thing

[JayC]

Without knowing a lot more details... he might be eligible... who knows... A lot of things we'd consider to be rehab, may not meet the definition under the law... For example, being a member of AA doesn't appear to count...

If he was an out patient or the 'program' he attended was just non-medical counseling it might not count...

[Oh Shoot]

Without knowing a lot more details... he might be eligible... who knows... A lot of things we'd consider to be rehab, may not meet the definition under the law... For example, being a member of AA doesn't appear to count...

If he was an out patient or the 'program' he attended was just non-medical counseling it might not count...

Yeah, like much of TN law, dealing with undefined terms.

There's letter of the law, and then there's um ... reality.

One reality check, has anyone ever been charged with felony for lying on HCP app?

Obviously, MANY of them are denied for whatever reasons.

Another reality is that undoubtedly there are many practicing alcoholics with HCP.

- OS

[gunsablazin]

Without knowing a lot more details... he might be eligible... who knows... A lot of things we'd consider to be rehab, may not meet the definition under the law... For example, being a member of AA doesn't appear to count...

If he was an out patient or the 'program' he attended was just non-medical counseling it might not count...

He was an inpatient at a facility in GA, not court ordered. He went at his employers instruction to go or lose his job. Would this automatically disqualify him? He did complete the program and has stayed clean.

[Oh Shoot]

He was an inpatient at a facility in GA, not court ordered. He went at his employers instruction to go or lose his job. Would this automatically disqualify him? He did complete the program and has stayed clean.

Well, as "summation" I will only reiterate TCA sections:

39-17-1351:

" (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;"

and 39-16-702:

"(2) Perjury committed on an application for a handgun carry permit under § 39-17-1351 is a Class E felony. Each application for a handgun carry permit shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury."

I offer no opinion about whether any particular rehab stay would show up during background check, or the likelihood of one's being charged with perjury if it did.

- OS

[Fallguy]

I think OS has said about all that can be said about it....