A few questions.

[Guest outforjustice]

I plan on getting a Glock 19 pretty soon and then I'll be applying for a HCP. I'm not sure if this will go smoothly so I have a few questions.

1. Around 5 years ago I plead guilty to disorderly conduct. I say around because it has at least been 4 years but I don't remember the exact date. Will I run into problems trying to purchase a weapon? Will this stop me from being able to get a HCP?

2. Before a person gets a HCP, how are they allowed to transport a weapon? For instance, if I wanted to go to a shooting range what would I need to do? I'm pretty sure the ammo would have to be in the trunk but I'm not sure about the rest. What about if I wanted to shoot at a friends property?

[lowbud]

I plan on getting a Glock 19 pretty soon and then I'll be applying for a HCP. I'm not sure if this will go smoothly so I have a few questions.

1. Around 5 years ago I plead guilty to disorderly conduct. I say around because it has at least been 4 years but I don't remember the exact date. Will I run into problems trying to purchase a weapon? Will this stop me from being able to get a HCP?

2. Before a person gets a HCP, how are they allowed to transport a weapon? For instance, if I wanted to go to a shooting range what would I need to do? I'm pretty sure the ammo would have to be in the trunk but I'm not sure about the rest. What about if I wanted to shoot at a friends property?

1. The only way to know for sure is run a background check on yourself. I had something haunt me that was almost 25 years old. It gave me fits every time I bought a gun until I had it expunged. I mad sure my record was clear before applying for my HCP.

2. Unloaded, in a case, and out of reach is typically fine.

[Guest outforjustice]

Wouldn't the background check just show that I plead guilty to it? Or are you saying run it because it might not show up?

Thanks for the reply.

[mwhuffman]

The background check will either be approved or disapproved. If you're approved, no worries. If you are disapproved, you can appeal to the TBI for the reason you were denied. There is a form on the TBI website that you have to use to file for the appeal.

As for transporting a firearm without a HCP, you got some good advice from lowbud.

[Guest outforjustice]

The background check will either be approved or disapproved. If you're approved, no worries. If you are disapproved, you can appeal to the TBI for the reason you were denied. There is a form on the TBI website that you have to use to file for the appeal.

As for transporting a firearm without a HCP, you got some good advice from lowbud.

Just to be clear, you're talking about the background check they run when you purchase a firearm right?

[Fallguy]

39-17-1351©(6)-(18) covers what can disqualify you from getting a HCP.

(6) That the applicant has not been convicted of a criminal offense that is designated as a felony, or that is one of the disqualifying misdemeanors set out in subdivisions ©(11), ©(16), or ©(18), with the exception of any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulations of business practices;

(7) That the applicant is not currently under indictment or information for any criminal offense that is designated as a felony, or that is one of the disqualifying misdemeanors set out in subdivisions ©(11), ©(16), or ©(18), with the exception of any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulations of business practices;

(8) That the applicant is not currently subject to any order of protection and, if so, the applicant shall provide a copy of the order;

(9) That the applicant is not a fugitive from justice;

(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;

(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;

(12) That the applicant has not been adjudicated as a mental defective, has not been judicially committed to or hospitalized in a mental institution pursuant to title 33, has not had a court appoint a conservator for the applicant by reason of a mental defect, has not been judicially determined to be disabled by reason of mental illness, developmental disability or other mental incapacity, and has not, within seven (7) years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm, as defined in title 33, chapter 6, part 5, because of mental illness;

(13) That the applicant is not an alien and is not illegally or unlawfully in the United States;

(14) That the applicant has not been discharged from the armed forces under dishonorable conditions;

(15) That the applicant has not renounced the applicant's United States citizenship;

(16) That the applicant has not been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(33);

(17) That the applicant is not receiving social security disability benefits by reason of alcohol dependence, drug dependence or mental disability; and

(18) That the applicant has not been convicted of the offense of stalking.

So seems you will be ok. The problem could be if they can't determine the final disposition of the charge, which sometimes can't be done by the comptuer check and can require some leg work on your end.

[Guest outforjustice]

Thanks, after reading that I'm not as worried.

[Guest outforjustice]

Well I had no problem purchasing a Glock 19 the other day. I don't think I'll have any problems getting a HCP.

[Guest Broomhead]

Glad things have worked out for you so far.

Edited February 23, 2010 by Broomhead

[Guest uofmeet]

just a reminder, any form of ammunition in the magazine is considered loaded, even if the magazine is not in the gun. That is what i was told last month at my HCP class.

[Guest outforjustice]

just a reminder, any form of ammunition in the magazine is considered loaded, even if the magazine is not in the gun. That is what i was told last month at my HCP class.

Even if the gun is in the car and the magazine is in the trunk?

[Guest Patty]

I plan on getting a Glock 19 pretty soon and then I'll be applying for a HCP. I'm not sure if this will go smoothly so I have a few questions.

1. Around 5 years ago I plead guilty to disorderly conduct. I say around because it has at least been 4 years but I don't remember the exact date. Will I run into problems trying to purchase a weapon? Will this stop me from being able to get a HCP?

2. Before a person gets a HCP, how are they allowed to transport a weapon? For instance, if I wanted to go to a shooting range what would I need to do? I'm pretty sure the ammo would have to be in the trunk but I'm not sure about the rest. What about if I wanted to shoot at a friends property?

1st question: You won't have problems with that one. If that is all there is to the disposition of the case.

2nd Question: Keep the gun and ammo locked in the trunk or somewhere out of your reach, while transporting it from here to there. You can lock the ammo in a box of some type, tool box type or other type. And put a trigger lock or different type of lock on the slide. You won't have any problems.

[Fallguy]

just a reminder, any form of ammunition in the magazine is considered loaded, even if the magazine is not in the gun. That is what i was told last month at my HCP class.

Even if the gun is in the car and the magazine is in the trunk?

Here is what the law says...

39-17-1308 Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1)

Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon

Unloaded is defined in 39-17-1301(18)

“Unloaded†means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

[Links2k]

Wasn't there a recent change in the law that allows a permit holder to transport loaded rifles and shotguns in their vehicles?

[Fallguy]

Wasn't there a recent change in the law that allows a permit holder to transport loaded rifles and shotguns in their vehicles?

Yes, as long as there is not a round in the chamber.

[Guest uofmeet]

Even if the gun is in the car and the magazine is in the trunk?

I believe so. Just empty the magazine, and you be aight....