Gun Purchase After Class C Misdemeanor (Not Me)

[Guest tnxdshooter]

yeah, even if you so much as spit on someone they can get you for assault by contact.

[Guest Ggun]

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.

The Federal Gun Control Act defines an addicted person, or unlawful user, as a person who has a conviction for use or possession of a controlled substance within the past year or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.

[Mike.357]

if I was the guy mentioned by the OP I would be hiring an attorney to take care of it. No one should fool around with their gun rights. No telling when congress could enact a law that is retroactive and would include what he was charged of. ( a Lautenberg type law)

I am assuming he plead guilty, took the class and the charge was dismissed???? Is this correct?

Even though it may have been dismissed he is still on record as pleading guilty ( I am assuming this is what happened) and it could come back to bite him down the road.

And I do not understand why he is not eligible to get his pistol back?

The guy needs a lawyer.

[Guest ArmyVeteran37214]

I am assuming he plead guilty, took the class and the charge was dismissed???? Is this correct?

From my understanding, that is correct.

And I do not understand why he is not eligible to get his pistol back?

I couldn't figure that out either, but from what I understand the county prosecutor told him there was no chance of getting it back.

[vontar]

Mike.357 said it much better then I did with

No telling when congress could enact a law that is retroactive and would include what he was charged of. ( a Lautenberg type law)

Fix the flat now, before it ruins the rim.

From my understanding, that is correct.

I couldn't figure that out either, but from what I understand the county prosecutor told him there was no chance of getting it back.

Code for nice gun.

[midtennchip]

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.

It appears that the Department of Safety is denying permits based on assault charges because of the way they show up on the NCIC report. I've had to help a couple of clients appeal the initial decision by proving that the charges were not domestic violence. Both of the issues I've seen recently were charges from outside of Tennessee and the NCIC report does not distinguish between domestic assault and other assault charges in some states. As a result, you are forced to appeal the decision and show the Department of Safety proof that no domestic violence charges were involved.

[Oh Shoot]

The Federal Gun Control Act defines an addicted person, or unlawful user, as a person who has a conviction for use or possession of a controlled substance within the past year or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.

I can't find that in the definitions for the Federal Gun Control Act:

United States Code: Title 18,921. Definitions | LII / Legal Information Institute

Nor in the definitions for the Controlled Substances Act, to which the Gun Control Act refers:

DEA, Title 21, Section 802

You have a specific link to what I must have overlooked?

- OS

Edited July 21, 2010 by OhShoot