Need help. Permit revoked with no notification and I only found out because..

[vontar]

This is my going overboard and trying to be as positive as possible.

I wonder if Lisa finds the problem and fixes it if there is any way cypher235 can work with the LEO and or department with out having to wait on the court date?

I mean, it has been my experience court dates are normally a month off, which would be a long time to wait if she if able to correct it.

[Fallguy]

This is my going overboard and trying to be as positive as possible.

I wonder if Lisa finds the problem and fixes it if there is any way cypher235 can work with the LEO and or department with out having to wait on the court date?

I mean, it has been my experience court dates are normally a month off, which would be a long time to wait if she if able to correct it.

I think once the ticket is written or charges made, it is in the hands of the DA not officer or his department anymore.

I assume the LEO confiscated the handgun. So one reason I'd want to go to court is so the judge could order the return of the handgun.

[Grunt67]

Cypher, as suggested, the first thing you need to do is find out from the DOS,

what happened to cause your HCP to be revoked. Don't spend money on an attorney

until you have to.

If this is a screwup by DOS, let them fix it, then take the correction to the DA or

court as required, and get a court order for the return of the gun & permit.

As for notifying the officer, as you did, that you were carrying, you did right.

The "law" doesn't require it, but it is accepted procedure. Things work better

that way.

As for any order of protection, you could have one issued by the court "ex parte'",

which is usually issued in case of emergency, until everyone involved gets into

court. In that case you would not have been notified beforehand. Since you say

you haven't had any problem of this nature, it's not likely.

I work in LE & a Court Officer. This is the usual procedure for such matters. Whether

this fits your situation exactly, I can't say. Just an educated guess.

Wait until you get word from DOS & go from there. Little else you can do 'til then.

If you do have a more serious problem, then a lawyer may be in order.

Good luck...

[Guest cypher235]

I think once the ticket is written or charges made, it is in the hands of the DA not officer or his department anymore.

I assume the LEO confiscated the handgun. So one reason I'd want to go to court is so the judge could order the return of the handgun.

So here's an update. Lisa Knight called me just a few minutes ago in response to my email. And it turns there was a HUGE mistake.. something to do with the computer and the background checks that I honestly don't completely understand. She said someone had entered my state background checks into the computer as cleared but did not do the same for my fbi background check, which is also supposed to be clear. So it changed the status of the permit from valid to revoked instantly, and the person who made the mistake forgot to change the status back to valid whenever they corrected the mistake.

So basically the mistake is fixed and my permit is still valid. She is sending me paperwork so I can hopefully go down to police station and pick it back up, maybe even along with my gun. Or I can have a new one mailed to me.

Thanks for the advice guys, I never really knew mistakes like this could happen, but it should all get sorted out soon.

[Reservoir Dog]

Glad to hear this has been straightened out. Hopefully, the DA and the police will be speedy in returning your firearm. Usually, in stories like this, that is the most difficult part. As others have stated, I would go talk to the DA in your area. The police are not likely to return anything to you until the charges have been dismissed.

[Erik88]

glad to hear the got it straightened out. Let us know what happens with your firearm.

[Armed Aviator]

Glad to hear all is cleared. Hope the rest works out.

[Guest BenderBendingRodriguez]

And starting this morning hundreds of TGOers will be calling to make sure their permits are not secretly invalid due to data entry errors.

[Reservoir Dog]

And starting this morning hundreds of TGOers will be calling to make sure their permits are not secretly invalid due to data entry errors.

No kidding!

[vontar]

KUDOs to Lisa again.

Glad it is all in the right direction for you.

[PirateQui]

Is there a way to look online and check the status of your HCP... I know the tn.gov website has a way to check the status of your drivers license. something similar could help with to ensure I'm not driving around with a revoked permit.

[memphismason]

Now here is another bit of advice.

Slow Down while driving.

LOL

Seriously, glad everything worked out for you so far. Keep us posted on how it goes with getting this cleared and with getting your gun back.

[crashgordan]

Question for Cypher235: when the officer disarmed you, did he ask you to remove the pistol hand it to him or did he remove the pistol? exactly how did this "transaction" take place...

just curious...

[Fallguy]

Glad it is straightened out....at least to this point.

Did the officer take your HCP too? If so they really aren't supposed to do that without an order from the Dept of Safety*.

Make sure and let us know how the second half turns out.

*TN AG Opinion 05-154 Question 3

[Guest cypher235]

Glad it is straightened out....at least to this point.

Did the officer take your HCP too? If so they really aren't supposed to do that without an order from the Dept of Safety*.

Make sure and let us know how the second half turns out.

*TN AG Opinion 05-154 Question 3

Yes he made me surrender the permit also. I had to sign paper work for that and for the unlawful possession charge.

I am going to have another one mailed to me and will see if I can get the actual permit taken away from me today or tomorrow. I think I'm gonna have to wait till the court date to get the gun back though.

As for how he disarmed me. He asked me to slowly unbuckle my seat belt and step out of the car. At which point I told him where the lcp was clipped onto my waistband. He removed it, cleared it and set it on my truck, then got my insurance, d/l, and permit and went back to his car after telling me to step back into mine and close the door. After a few minutes he came back saying the permit had been revoked, and could not give me a reason why. Backup was called in and I had to wait around another 20 minutes or so for him to file paperwork on the charges and I was then free to go.

[macville]

So legally, you should have any charges dropped because when you were charged, the permit was actually valid. Or am I just wishful thinking on how it should be?

[Fallguy]

So legally, you should have any charges dropped because when you were charged, the permit was actually valid. Or am I just wishful thinking on how it should be?

Nope, that is how it should be.

[Oh Shoot]

Nope, that is how it should be.

Of course, it should be that the state should compensate you somehow for the hassle, duress, embarrassment, expense, and inconvenience of the whole ordeal. Which hasn't ended yet, even though the mistake has been admitted.

Not to mention the clearly unlawful taking of your permit.

But that isn't in the cards.

- OS

[Guest cypher235]

I would hope that's how it would be, especially when I walk into court holding a valid permit. Even if they keep the one taken from me I will have another in the mail within a week or so.

As far as I can tell I will have to make the court appearance to have the charges dropped and my weapon returned. I had a letter faxed over to me from the handgun carry permit unit stating that this was all a clerical error, it was also sent to the police department, and to the officer who pulled me over.

I am having some help from a couple of friends who are in the local police department so I shouldn't have an issue getting charges dropped and my firearm returned once everyone realizes this was a legitimate mistake on the states part.

[Fallguy]

Sounds like maybe you won't have the same problem, but there have been issues in the past with getting firearms back from LE.

http://www.tngunowners.com/forums/tennessee-politics-legislation/10913-gallatin-police-department-sitting-1500-1911-a.html

I agree you will probably have to go to court to get your handgun back. Sounds like you'll have to file a "Motion for Return Property" under rule 41(g) of the TN rules of Criminal Procedure. The relative law is T.C.A. 39-17-1317 http://www.michie.com/tennessee/

[gregintenn]

COuld the OP successfully sue the DOS or the Police Agency for harrassment, or anything else? If he goes to court and gets his gun back, he's still been unlawfully screwed.

[Fallguy]

COuld the OP successfully sue the DOS or the Police Agency for harrassment, or anything else? If he goes to court and gets his gun back, he's still been unlawfully screwed.

In general I don't think you can sue the state.

[gregintenn]

This is definitely B.S. Reminds me of the time my wife was pulled over in Hartsville and harrassed for nearly an hour for no reason. She was 8 months pregnant and coming home from work. I went in the police chief's office the next morning and shut the door behind me. He let me blow off some steam and was very courteous, professional, and apologetic. I'd went in there with the intention of either him or me getting hurt. He handled it better than I did, but I still feel those morons owe my wife at least an apology. A person shouldn't be screwed with like this. It seems the OP should have some recourse.

[vontar]

In general I don't think you can sue the state.

No one told kwik that.

Seriously, I am glad the cards are starting to fall into place for OP. After all is said and done, OP Is going to have to keep all this paper work, file it in a firebox and protect it for years to make sure these charges never come back to bite him in the ass. Would hate to have another Clerical error come up in 20 years on him.

Back in 2011 you had a misdemeanor going armed charge in TN. Need to make sure the state clears the record of this completely.

[DaveTN]

So legally, you should have any charges dropped because when you were charged, the permit was actually valid. Or am I just wishful thinking on how it should be?

That is exactly how it should be, and that was how it was years ago. However…. As you can see from some of the posts anytime something goes wrong nowadays the first thought is to sue. The DA doesn’t need to go to court to dismiss charges. And I doubt he needs an order from a Judge to return a person’s property to them. But he may go that route just to cover everyone's azzes.

A clerical mistake was made. The Supervisor of the area that made the mistake openly admitted it. The Officer did nothing wrong; he could only go by what he was told. Sounds like the Officer was pretty cool about it the OP wasn’t handcuffed or taken into custody; he was issued a summons and allowed to leave.

To the OP I would say this… An arrest is never gone; it is always on file somewhere even when charges are dismissed. Make sure that you have paperwork from whoever dismisses the charges (the DA or the Court) that shows the charges were dropped. Keep that paperwork. This happened to me in Illinois and it didn’t show up until 20 years later when I was buying a gun inTennessee. I had bought many guns over those 20 years in Illinois and Florida.

Glad to hear things are working out for you. Also, I don’tknow how things work here, but in Illinois if you needed something from the States Attorney (DA); you got better results going there and talking to them than you did calling.