Gun Purchase After Class C Misdemeanor (Not Me)

[Guest ArmyVeteran37214]

Forgive me if this in in the wrong section. A buddy of mine asked me to dig up info on whether he will be able to buy guns after being convicted of Class C Misdemeanor, 39-17-1307. Unlawful carrying or possession

of a weapon (First Offense). He was stopped by Nashville Metro for I don't remember what reason and I don't know how or why the cops found out he had a loaded gun in the car (without valid HCP at the time). He was written a citation to show up in court. Metro confiscated his gun. He had already applied for his HCP and was waiting for it to be issued. He managed to get his HCP processed and cleared through the DOS, before his first court date. Davidson County sent him to a class of some sort and said that he could get the conviction expunged (No prior record). He could not get his gun back, when he talked with the county prosecutor. Knowing his lazy ass he hasn't made time to get it expunged yet. Anyway, what do you think his chances are? I couldn't find anything anywhere stating that even with the conviction, that he would be banned from buying guns. Anyone care to chime in?

[roninnashville]

I was charged with (Federal) violation of attempted transporting of a weapon on an commercial airplane over 10 years ago. The case was dismissed but I am still unable to purchase a weapon because of a background check. The charge is still shown as pending. Copies of the federal dismissal order has been sent to the FBI etc but I cannot clear it up without going to court and spending the money to resolve this matter. I have not been charged or convicted of any crime in over 70 years. (life long) I would say from this experience that it is not likely that your friend can find this easy. Expunging is very expensive. Best wishes. Lawyers tell me that it is OK for me to purchase legally if I can avoid the background check as in face-to-face within the same state.

[Fallguy]

Regardless of whether this charge is expunged or not, I don't think it should prevent him from purchasing a firearm or getting/keeping his HCP. It was after all only a Class C misdemeanor.

Edited July 15, 2010 by Fallguy

[gotigers]

Regardless of whether this charge is expunged or not, I don't think it should prevent him from purchasing a firearm of getting/keeping his HCP. It was after all only a Class C misdemeanor.

This.......the only misdemeanor that will get you declined is a domestic violence.

[vontar]

I think if it was me and I could afford it, I would look into getting it expunged just in case the law changes in the future to include other misdemeanors.

I would hate to have that haunt me later in life.

[JayC]

This.......the only misdemeanor that will get you declined is a domestic violence.

Plus DUI/DWI's and any current Class A conviction you're still under in the case of the HCP.

I'm curious as to more details if you can post them... He had applied for the permit but had not received it yet? Does he have his receipt from TDOS, did they check the box and sign stating the receipt was a valid permit until he received his permit by any chance? (I know they're not supposed to but I've seen it done many times on new applicants) What was the issue date for his permit? What was the date he applied for the permit? Any chance it was past the 90 day mark?

IANAL but I'd suggest he speak to one and see if he should plea or not... I'd reference the current DC v Palmer case, and see if there is a legal way to get his firearm back should that case over turn carry laws.

[Guest ArmyVeteran37214]

Plus DUI/DWI's and any current Class A conviction you're still under in the case of the HCP.

I'm curious as to more details if you can post them... He had applied for the permit but had not received it yet? Does he have his receipt from TDOS, did they check the box and sign stating the receipt was a valid permit until he received his permit by any chance? (I know they're not supposed to but I've seen it done many times on new applicants) What was the issue date for his permit? What was the date he applied for the permit? Any chance it was past the 90 day mark?

IANAL but I'd suggest he speak to one and see if he should plea or not... I'd reference the current DC v Palmer case, and see if there is a legal way to get his firearm back should that case over turn carry laws.

He applied for the permit several weeks prior to the traffic stop and had not received the permit yet. Permit was issued a couple weeks before his court case, I think. I think the reason he got his permit was because the background checks and all the hoops were done before he was given his citation. He basically wrote off the firearm as a loss and will just replace it.

[vontar]

Any chance it might come back to hurt him for renewal or when he goes to buy a new Gun?

[Guest 270win]

A state level C misdemeanor should not cause problems buying or possessing a firearm as long as it isn't drug related. I'm not a lawyer but I do know if you are convicted on the state level of a moving violation...that is also a C Misdemeanor. Expunging later should prevent any future problems down the road.

[Oh Shoot]

A state level C misdemeanor should not cause problems buying or possessing a firearm as long as it isn't drug related....

Drug related misdemeanor of any class is not a disqualification for handgun ownership or HCP.

- OS

[midtennchip]

Folks, as to misdemeanors, there are three (3) disqualifying misdemeanors:

1. conviction of DUI (2 within the last 10 years or 1 in the last 5 years);

2. domestic violence; and

3. stalking.

T.C.A. section 39-17-1351©(6). Legal Resources

I tend to forget about the stalking for some reason, but it is a disqualifying offense too. However, stalking is a minimum of a Class A misdemeanor, so a Class C misdemeanor would not be stalking.

[vontar]

Isn't there something that was introduced with the new restaurant bill that if you got in trouble carrying a gun in a place you are not allowed it could end up hurting you for renewal?

I know that is not this case but it seems because that was a misdemeanor related to a gun it was one of those things that might hurt at the renewal process.

Seems someone pointed that out in another thread a few weeks back but I could not find it. I thought it was some exception due to carrying a gun passed a posted sign.

[Fallguy]

Isn't there something that was introduced with the new restaurant bill that if you got in trouble carrying a gun in a place you are not allowed it could end up hurting you for renewal?

I know that is not this case but it seems because that was a misdemeanor related to a gun it was one of those things that might hurt at the renewal process.

Seems someone pointed that out in another thread a few weeks back but I could not find it. I thought it was some exception due to carrying a gun passed a posted sign.

If you're talking about what I think you are...there has always been something in 39-17-1352 that says if you violate a povision of 39-17-1301 - 39-17-1360 you're HCP will revoked or suspened. We have just talked about that more since SB3012 was passed.

Also just to be clear.....if this wouldn't affect him getting/keeping his HCP a firearm purchase shouldn't be a problem either...correct?

[JayC]

If you're talking about what I think you are...there has always been something in 39-17-1352 that says if you violate a povision of 39-17-1301 - 39-17-1360 you're HCP will revoked or suspened. We have just talked about that more since SB3012 was passed.

Also just to be clear.....if this wouldn't affect him getting/keeping his HCP a firearm purchase shouldn't be a problem either...correct?

Just one small correction... 39-17-1351 thru 39-17-1360

[Guest ArmyVeteran37214]

Thanks to Fallguy, Razorback2003 & Midtennchip for the great answers. I'll inform my friend and let him know he is good to go, but not until I mess with his head for a litte bit.

[Oh Shoot]

Thanks to Fallguy, Razorback2003 & Midtennchip for the great answers. I'll inform my friend and let him know he is good to go, but not until I mess with his head for a litte bit.

Well, just because his issue isn't disqualifying, that doesn't mean that everything goes smoothly. Many folks have been initially denied a gun sale or HCP because some court case didn't show a final disposition of the case or some other glitch. Lots of folks have had to go to some length to clear up some previous case, even from years ago, and even though the charge is not a disqualifying one even if a maximum sentence was given.

- OS

[Fallguy]

Just one small correction... 39-17-1351 thru 39-17-1360

Correct...My Bad

However this is just another reason I wonder if the legislature actually intended a violation of 39-17-1359 to cause your HCP to be suspended, since not other violation of weapons laws (except being intoxicated in a place that serves alcohol) can cause you HCP to be suspended or revoked.

Well, just because his issue isn't disqualifying, that doesn't mean that everything goes smoothly. Many folks have been initially denied a gun sale or HCP because some court case didn't show a final disposition of the case or some other glitch. Lots of folks have had to go to some length to clear up some previous case, even from years ago, and even though the charge is not a disqualifying one even if a maximum sentence was given.

- OS

True...if he is denied tell him to appeal. Over half of all denials that are appealed are reversed and allowed to go through.

[vontar]

If you're talking about what I think you are...there has always been something in 39-17-1352 that says if you violate a povision of 39-17-1301 - 39-17-1360 you're HCP will revoked or suspened. We have just talked about that more since SB3012 was passed.

Also just to be clear.....if this wouldn't affect him getting/keeping his HCP a firearm purchase shouldn't be a problem either...correct?

That is the concern I was trying to point out even if the section is as Jayc pointed to

Just one small correction... 39-17-1351 thru 39-17-1360

I still think the best option would be to try to clean up the record sooner then later.

[Guest ArmyVeteran37214]

I still think the best option would be to try to clean up the record sooner then later.

I agree with you on that and I'm gonna encourage him to clean his record up asap!

[Fallguy]

That is the concern I was trying to point out even if the section is as Jayc pointed to

I still think the best option would be to try to clean up the record sooner then later.

Agree, but at least don't think it is the end of the world until then.

[Guest tnxdshooter]

Forgive me if this in in the wrong section. A buddy of mine asked me to dig up info on whether he will be able to buy guns after being convicted of Class C Misdemeanor, 39-17-1307. Unlawful carrying or possession

of a weapon (First Offense). He was stopped by Nashville Metro for I don't remember what reason and I don't know how or why the cops found out he had a loaded gun in the car (without valid HCP at the time). He was written a citation to show up in court. Metro confiscated his gun. He had already applied for his HCP and was waiting for it to be issued. He managed to get his HCP processed and cleared through the DOS, before his first court date. Davidson County sent him to a class of some sort and said that he could get the conviction expunged (No prior record). He could not get his gun back, when he talked with the county prosecutor. Knowing his lazy ass he hasn't made time to get it expunged yet. Anyway, what do you think his chances are? I couldn't find anything anywhere stating that even with the conviction, that he would be banned from buying guns. Anyone care to chime in?

Without getting it expunged? Id say slim to none.

[Guest tnxdshooter]

I was charged with (Federal) violation of attempted transporting of a weapon on an commercial airplane over 10 years ago. The case was dismissed but I am still unable to purchase a weapon because of a background check. The charge is still shown as pending. Copies of the federal dismissal order has been sent to the FBI etc but I cannot clear it up without going to court and spending the money to resolve this matter. I have not been charged or convicted of any crime in over 70 years. (life long) I would say from this experience that it is not likely that your friend can find this easy. Expunging is very expensive. Best wishes. Lawyers tell me that it is OK for me to purchase legally if I can avoid the background check as in face-to-face within the same state.

Expunging didnt cost me a dime. I went down to the court clerks office. They pulled up the charges, they were dismissed, they filled out some paperwork, the judge and da signed it, stamped it, I faxed it to TBI and had my permit shortly there after.

[Guest tnxdshooter]

So mr Cain? So what is assault? Or wreckless endangerment? I was accused of that stuff but never did it and when I went to get a permit and tried to buy a gun I got denied initially. I then went and got all that crap expunged because the judge saw it was a sham and dismissed all the charges years ago. So were those felonies or what? Because they happened about 15 years ago. From what I understood and I could have mis understood by I could have sworn that my attorney told me they were misdemeanors. There were a total of seven charges. Most were traffic issues like speeding etc. The only two kickers were wreckless endangerment and assault. Even though I never laid a hand on anyone just happened to be at the wrong place at the wrong time. Damnation by association is the God honest truth.

Edited July 18, 2010 by tnxdshooter

[Fallguy]

So mr Cain? So what is assault? Or wreckless endangerment? I was accused of that stuff but never did it and when I went to get a permit and tried to buy a gun I got denied initially. I then went and got all that crap expunged because the judge saw it was a sham and dismissed all the charges years ago. So were those felonies or what? Because they happened about 15 years ago. From what I understood and I could have mis understood by I could have sworn that my attorney told me they were misdemeanors. There were a total of seven charges. Most were traffic issues like speeding etc. The only two kickers were wreckless endangerment and assault. Even though I never laid a hand on anyone just happened to be at the wrong place at the wrong time. Damnation by association is the God honest truth.

I'm not Mr. Cain, but maybe this answers your qestion

39-13-101. Assault

(a) A person commits assault who:

(1)

Intentionally, knowingly or recklessly causes bodily injury to another;

(2)

Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

(3)

Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

( (1) Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer under this section, then the maximum fine shall be five thousand dollars ($5,000).

(2)

In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a victim as defined in §

36-3-601

(8), and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to §

67-4-411

.

39-13-103. Reckless endangerment.

(a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.

( Reckless endangerment is a Class A misdemeanor; however, reckless endangerment committed with a deadly weapon is a Class E felony.

Source http://www.michie.com/tennessee

So it looks like you can commit both without touching anyone {Assault 39-17-101(a)2)} and both are misdemeanors unless you have a deadly weapon during the reckless endangerment.

I would note that 39-17-1301 was established in 1989 and amended in 1990 (also 2002 & 2009) but the state's online archives don't go back to 1990 so not sure what the statute looked like 15 years ago. 39-17-103 is still the same as first established in 1989.

Edited July 18, 2010 by Fallguy

[Guest tnxdshooter]

Good answer fall guy. If it were me and I was in this dudes shoes I would get it expunged before I even attempted to purchase another gun. I have just been there, done that, and know the drill.