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

[Fallguy]

Definetly good idea to get/keep paperwork showing final dispostion of the case. As DaveTN says, even with it dismissed etc...it could come up years later.

[Pain103]

Go to district attorney's office with TN DOS paperwork. Explain the situation and tell them you want the case dismissed and expunged. Make sure the charge is completely off your record and then request paperwork stating the case is dismissed and the evidence can be released by the court to you.

[Pain103]

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

If the HCP is revoked you are ordered to return the permit to the state. I believe 39-17-1352 is the statute for this. Basically the same for a driver's license. It is illegal to possess a suspended or revoked driver's license and it is to be sent back to the state. There are nice forms you sign and it serves as a receipt for license.

Seizing a HCP while arresting a subject for say carrying a handgun while intoxicated is no no.

[Guest mn32768]

Have you ever been treated, diagnosed or hospitalized for a mental condition?

Even though the records shouldn't be released without your consent it may have been with all of the recent media about Arizona. I have spoke with a veteran who is service connected for PTSD and he is no longer able to purchase firearms. Now I will say he is off, not just a little bit but a lot so it probably is a good thing he can't buy more firearms.

Mere treatment or diagnosis of a mental condition should not a disqualify for a HCP. The DOS web site says:

Shall not have been adjudicated as mental defective; has not been committed to or hospitalized in a mental institution; 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 a mental illness, development 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;

[shirtshirt]

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

We're taxed enough already. We don't need extra dollars going to compensate people who have been victims of sloppy data entry.

[Oh Shoot]

We're taxed enough already. We don't need extra dollars going to compensate people who have been victims of sloppy data entry.

People other than shirtshirt anyway.

- OS

[Armed Aviator]

Sure would love an update from the OP

[vontar]

Legal system moves slow.

[LagerHead]

We're taxed enough already. We don't need extra dollars going to compensate people who have been victims of sloppy data entry.

Not to mention that we also pay for the state to defend themselves. Besides you can't win a case for human error like this. And the officer was acting in good faith so he is all but 100% immune from prosecution. I would only pursue a case like this if I really wanted to miss some work without pay and couldn't think of a better way to spend my time. But I live in Tennessee and we have lakes and rivers and wildlife, etc. so I think I could find something.

[Guest tnxdshooter]

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

I would contact me a lawyer in that regards. Since it was the states error perhaps an attorney could get the judge to "waive" the court costs so to speak or at least make the state pay em.

[vontar]

I bet a lawyer would cost more then court costs.

[Guest tnxdshooter]

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

Actually you can. I sued em over my unemployment claim. We are awaiting a court date now. If they lose (which they will) then they will owe me about 6,000.00 and will have to pay my court costs and attorney fees.

Kwik sued the state for alot less. I'll bet you could find some attorney that would take this case and have a field day with it and get you some compensation. At the very least I would ask the state and or the pd to pay the court costs and attorney fees and written documentation saying my record was clean.

Edited March 24, 2011 by tnxdshooter

[Guest cypher235]

Sure would love an update from the OP

Really nothing has changed yet. I got a letter from the dos saying it was in error and that's about all. I believe I will have to wait until the court date to actually get this resolved.

Should I be trying to set up a meeting with the local DA and ask him to drop the charges? I asked my buddy who's in the local PD and he told me they wouldn't be able to dismiss any charges until I actually went to court.

And what are court costs going to be? I don't think I should have to pay anything for someone else making a mistake...

[Jimbo100]

If I were in your position I would do as you suggest and attempt to meet with the DA to have the charges dropped prior to any hearing. They might also appreciate not having to clog their court docket.

[Fallguy]

Meeting with the DA isn't a bad idea. Even if he can't drop the charges then, it will let him know what is to come and that there is no case. Also would be a good time to ask him about getting your firearm back and the court cost instead of having to (for the first time) in open court.

[DaveTN]

I don’t know how it works here, but where I was there are no charges until the DA files them.

So if you can talk to them they should be able to deal with it without you going to court. I wouldn’t be afraid to call DOS back and ask them for help; since it’s their fault you have to deal with all this. If someone there knows someone in the DA’s office…. Well its how things get done sometimes.

Accidents happen. But now they are all aware it was a clerical error by the DOS. You shouldn’t have to do anything else. The state made the mistake and they should step up and fix it without putting you out anymore than they already have.

[JeffsSig]

Glad to see this seems to have been worked out.

Now the question is............... Should we check and see if ours is valid or not?

If so how would one do that?

[Pain103]

It doesn't have to be done in the courtroom just if DA nolle pros or dismisses it then has judge sign the paperwork. You won't have any court costs. It should say dismissed cost to state. Glad to see the DOS owned up to their mistake sorry it happened to you.

[vontar]

Contacting the DA to let the DA now about the error might be a good idea, it would save the DA some time. The DA would of course to their own fact checking. They would not take OP's letter at face value.

If the DA does not charges what would the process be to get his gun back? It could certainly save time in the court system. It would save a useless case in court.

[Pain103]

The easiest way to get the gun back from a evidence room is when the judge signs the court paperwork for dismissal he also needs to issue a signed order to release evidence/firearm back to owner. I recommend this way to avoid any issues with evidence custodian.

[Fallguy]

The easiest way to get the gun back from a evidence room is when the judge signs the court paperwork for dismissal he also needs to issue a signed order to release evidence/firearm back to owner. I recommend this way to avoid any issues with evidence custodian.

Yep...I think regardless of how it is dismissed, you'll have to have an order from a judge to get the handgun back.

[DaveTN]

Yep...I think regardless of how it is dismissed, you'll have to have an order from a judge to get the handgun back.

Why? A DA in this state doesn’t have the authority to return evidence that has been mistakenly seized?

I understand that my experience is from a different state, but it is absurd to think that between the DA and the Police they do not have the authority to make this right without getting the court system and a Judge involved.

[Fallguy]

Why? A DA in this state doesn’t have the authority to return evidence that has been mistakenly seized?

I understand that my experience is from a different state, but it is absurd to think that between the DA and the Police they do not have the authority to make this right without getting the court system and a Judge involved.

Perhaps a call from the DA would be enough. I admit I'm not 100% sure who has the authority to do what....and/or at what point in the process.

But remember the thread I referenced about the 1911 being seized and being so hard to get back? Also there was a thread where a guy voluntarily gave his handgun to the PD to hold when he was going to go somewhere in town he couldn't carry it and he had trouble getting it back.

So I guess a lot may just depend on the LEA and their policies as well.

[JayC]

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

An official complaint should be filed with both TDOS and the local PD, about the illegal removal of the permit... Not to get anybody into trouble but to highlight they can't do that in the future.

[DaveTN]

An official complaint should be filed with both TDOS and the local PD, about the illegal removal of the permit... Not to get anybody into trouble but to highlight they can't do that in the future.

Maybe you can fill us in on how the permit was taken illegally. The permit was revoked by the DOS. Are you saying that a cop can’t seize a revoked permit that should have already been surrendered? How did an HC Permit gain some kind of “hands off†status when it is being used illegally?

Or are you talking about the revocation by the DOS, who already admitted it was a clerical mistake?