Carry Permit After DUI

[Bprater]

I am looking to get my hand gun carry permit but, was convicted of a DUI two years ago. Does anyone know the law on this or can anyone help interpret the law.

Edited February 6, 2011 by Bprater

[vontar]

THere is a waiting period of time, I thought I knew right off the top of my head. I was trying to confirm it. Now I am having a slight problem finding it. Still looking.

Handgun Carry Permit Qualifications and Requirements

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 application and that none of such convictions has occurred within five (5) years from the date of application or renewal.

Edited February 6, 2011 by vontar

[Garufa]

5 Years.

[Fallguy]

I'm not 100% sure, but the way I read it is the 5 years only comes in if you have been convicted twice within 10 years and the last time was within 5 years. In otherwords only one conviction, no matter what the time frame, isn't a disqualifer.

But I admit I could be reading it all wrong.

[-boatman-]

I'm not 100% sure, but the way I read it is the 5 years only comes in if you have been convicted twice within 10 years and the last time was within 5 years. In otherwords only one conviction, no matter what the time frame, isn't a disqualifer.

But I admit I could be reading it all wrong.

That's the way I read it. At first I thought it was what the other way but after reading it several times I think it may be like Falllguy reads it.

[JeffL]

You're fine unless you've had two DUI's and one of those was in the last 5 years. I trust Mr. Harris's opinion on the matter and the guy I was asking about in the following post did get his HCP.

Tennessee Firearms Assoc. Inc. • View topic - Applying for carry permit after a DUI

[Bprater]

Thanks guys. I agree with you Fallguy and JeffL but I wanted to get as many opinions as I could before spending the money in case it was possible for me to be denied. I did talk to two instructors that said I should be ok as well. JeffL, thanks for that link!

[vontar]

I am not a lawyer but as Fallguy points out, that sounds right.

[Guest friesepferd]

You should be okay to get your permit.

I'll go ahead and be the jerk and say-

I certainly don't know your situation and whether or not you drink any more... but if you drink at all- lock up your guns before you even consider opening up the first beer. I don't drink anymore but I used to a little and I certainly had plenty of friends that did. MY moto was always:

'If you are planning on drinking alcohol lock up your guns and your keys'

[Bprater]

You should be okay to get your permit.

I'll go ahead and be the jerk and say-

I certainly don't know your situation and whether or not you drink any more... but if you drink at all- lock up your guns before you even consider opening up the first beer. I don't drink anymore but I used to a little and I certainly had plenty of friends that did. MY moto was always:

'If you are planning on drinking alcohol lock up your guns and your keys'

Good motto. I've learned my lesson with this dui. It has been a huge inconvenience and has hit the pocketbook pretty hard. And there will never be a firearm on my person if I plan on having a beer.

[Guest TargetShooter84]

You should be okay to get your permit.

I'll go ahead and be the jerk and say-

I certainly don't know your situation and whether or not you drink any more... but if you drink at all- lock up your guns before you even consider opening up the first beer. I don't drink anymore but I used to a little and I certainly had plenty of friends that did. MY moto was always:

'If you are planning on drinking alcohol lock up your guns and your keys'

Agreed

[Guest ARMEDMARINE]

Good luck

[Bocephus]

I hate to admit this but about ten years ago I got a DUI. I also had my HCP at the time. I had my DL and HCP revoked for one year. After one year both were reinstated.

[DaveTN]

Good motto. I've learned my lesson with this dui. It has been a huge inconvenience and has hit the pocketbook pretty hard. And there will never be a firearm on my person if I plan on having a beer.

I like to go out and drink. I am usually above .08% after an evening of drinking. I know that because I had a job where I got to check my BAC level a lot. I don’t drive and I don’t carry a gun.

It’s too bad it had to happen to you, but it’s good you learned something the first time around; many people don’t.

[Oh Shoot]

I hate to admit this but about ten years ago I got a DUI. I also had my HCP at the time. I had my DL and HCP revoked for one year. After one year both were reinstated.

Interesting.

Was that a second DUI within a ten year period?

If not, your info conflicts with the prevailing opinions in the thread, for sure.

- OS

[luvmyberetta]

It’s too bad it had to happen to you, but it’s good you learned something the first time around; many people don’t.

+1. My dad was run over by a drunk driver right in front of me back in 1997 and spent 10 days in intensive care at UT Med Center & then a year in physical therapy. He has permanent memory loss, only one kidney, and permanent back problems thanks to a drunk driver. She was 3X the legal limit and had cocain in her system. She only spent 4 hours in jail & 2 years probation and caused my dad a lifetime of problems & pain. By the way...she also ran over & killed a guy about 25 years ago while intoxicated & just got a slap on the wrist! Last I heard she had cleaned up and is sober. This is the reason I have strong feelings on the subject, but am glad others stopped before it was too late.

Edited February 12, 2011 by luvmyberetta

[Bocephus]

Interesting.

Was that a second DUI within a ten year period?

If not, your info conflicts with the prevailing opinions in the thread, for sure.

- OS

No it was My first and last.

[Guest micahrussell]

What if u had 2 u have to wait after 10 years b4 u can get one

[Fallguy]

What if u had 2 u have to wait after 10 years b4 u can get one

It depends on how close together they are. If a person has had two DUIs within the last 10 years they can not get a HCP. But if they had one in 2010 and the other was in 1985 you could still get one. You could still get a HCP if you had DUIs in 1986 and 1987 as that is over 10 years ago. But if you had one in 1999 and 2008 you couldn't. Because even though the one in 1999 is over 10 years ago..1999 and 2008 are within 10 years of each other and 2008 is within 5 years of now.

[Guest micahrussell]

Ive had one in 03 and one in 08 it falls in that time period so i guess iim screwed i dont know y they would put that with a handgun category cuz that driver license stuff gun duis shouldnt have anything to do with getn a hcp unless u had a weapon on your person at the time of the traffic stop not if u just stopped

[Fallguy]

Ive had one in 03 and one in 08 it falls in that time period so i guess iim screwed i dont know y they would put that with a handgun category cuz that driver license stuff gun duis shouldnt have anything to do with getn a hcp unless u had a weapon on your person at the time of the traffic stop not if u just stopped

Depending on the actual dates in 03 and 08 you could apply in 2013. Whenever it would be over 5 years of the one in 2008 and/or 10 of the one in 2003.

My understanding is this is based mainly on responsibility in general. They sort of figure everyone may make one mistake because one DUI even just a few months ago doesn't disqualify you, but if you have 2 within 10 years, guess the figure it may be more of a problem.

[Guest micahrussell]

Yea the second one was reduced to a first offense it had dui 2nd and then they dropped it down to a first so im assuming it shows 2 first offense duis i just wish there somethin i can do i have guns i grew up around guns all my life lol i just cant carry lol

[Guest friesepferd]

Ive had one in 03 and one in 08 it falls in that time period so i guess iim screwed i dont know y they would put that with a handgun category cuz that driver license stuff gun duis shouldnt have anything to do with getn a hcp unless u had a weapon on your person at the time of the traffic stop not if u just stopped

This is one requirement I cant help but agree with.

I figure that if you are irresponsible enough to drive drunk, then you are probably also irresponsible enough to carry drunk.

If someone is going to drink enough to be anywhere near the limit for driving, they better be locking up their guns and giving their keys to someone else as I said before. If someone has already demonstrated that they can't put away their keys, then I don't trust them to put away their guns either.

Gun and alcohol dont mix the same way that cars and alcohol dont mix.

Feel free to try and convince me that just because you drove drunk does mean you wont drink and have a gun... but I doubt you will be able to.

Feel free to try and convince me that just because you have already gotten 2 DUIs does mean you are going to drink and do dumb stuff in the future. I'll say sure- prove it! Go another 5 or 10 years without doing it again and I might believe you. Thats what the state says as well.

[Guest micahrussell]

Must be democrat that y i guess they can bring guns in bars now lol explain that haslam get done wit tenn we see how it goes

[Oh Shoot]

I hate to admit this but about ten years ago I got a DUI. I also had my HCP at the time. I had my DL and HCP revoked for one year. After one year both were reinstated.

Ah, just was revisiting this thread.

The reason your HCP was suspended, is that once you have an HCP, any Class A misdemeanor conviction loses your HCP for the duration of the sentence. AFAIK that includes any probation period also. A one year DL suspension would also be part of the "term of the sentence imposed by the court", as the statute reads.

- OS