I think I wasted $200

[Guest mbushell]

I recently took the class and applied. I had been waiting till december to do it, but after reading a few threads and asking a few questions on here I was sure I could pass the background check. I have a DUI. It was in NC four and a half years ago. The way all the laws read, and from what I heard here ONE DUI does not exclude you. When I filled out the paperwork one of the yes/no questions is "have you been convicted of a DUI in this state or any other state in the past five years?" I filed the paperwork anyway thinking that maybe it's one of the questions they ask, that isnt grounds for denial...

Any insight?

[7dogguy]

There are some legal eagles who are members here - maybe get a consult from them at their office (not being snarky). In my humble opinion, seems some things a person keeps paying for and I don't agree with it. But I would talk to a good TN lawyer (as mentioned, see them here as members with their info).

Good luck!!!!

[Oh Shoot]

There are some legal eagles who are members here - maybe get a consult from them at their office (not being snarky). ...

A lawyer can't change the requirements of TN HCP, nor can he get a DUI conviction expunged.

It has been stated here by both the rank and file AND lawyers that one DUI will not prevent you from obtaining an HCP, with the possible exception of it being within the previous 12 months (the Class A misdemeanor HCP suspension clause, though this is not stated in TNDOS eligibility exceptions).

You can look at the first thread I could find regarding DUI/HCP

http://www.tngunowners.com/forums/handgun-carry-self-defense/52817-carry-permit-after-dui.html

wherein subject is beat to death.

Cut to the chase, the OP in that one, if you'll look at first and last posts, did indeed receive his HCP with a two year old DUI, without doing anything more than the normal application routine.

- OS

Edited April 14, 2011 by OhShoot

[Ebow1]

On a side note, if you ever have a desire to waste another $200, I'm sure I can find something to do with it.

[Guest mbushell]

Thanks ohshoot..I read the dui related thread. Its what made me decide to go and do it afterall. Im so excited to get it ya know. While in the class the instructor posted requirements on the screen. It showed one dui as being cause for denial. I informed him of the mistake, and he said he'd look into it. My life went on without worry. Then I did the application and saw the question I mentioned. I was pretty sure its just one of the things they ask, and not reason for denial. I had to check here on the forum for sure though. This may not bethe place for legal advice, but the advice I have gotten here is first class...Thanks again

[Grunt67]

Agreed, TGO forum isn't the best place for legal advise. Why not just go to the

horses mouth & give D.O.S. a call. They're the one making the decision.

Application says 5 yrs. Likely means just that. Doesn't mean someone hasn't fallen thru

the cracks. JMHO

[Oh Shoot]

,,,

Application says 5 yrs. Likely means just that....

No, it doesn't say just that at all.

I can also assure you that some of the absolutely most inaccurate information imaginable can be had by calling TNDOS HCP office, unless you get to speak to the cheese herself (Lisa).

- OS

Edited April 15, 2011 by OhShoot

[JeffL]

You'll be fine. A buddy of mine had a DUI and got his permit a couple months ago.

[Grunt67]

No, it doesn't say just that at all.

I can also assure you that some of the absolutely most inaccurate information imaginable can be had by calling TNDOS HCP office, unless you get to speak to the cheese herself (Lisa).

- OS

I'll agree with talking to Lisa. Other than that, why put it on the app. if it has no

meaning?

[Oh Shoot]

I'll agree with talking to Lisa. Other than that, why put it on the app. if it has no

meaning?

It also asks the 2 in 10 years question in separate sentence and checkbox, so maybe if both are admitted it saves even their running the check, since you disqualified yourself by your own admission and they make an easy 115 smackers?

It also makes the two questions simpler by separating them, rather than lumping together in a more complex sentence, and this is probably the most logical reason, methinks.

The statute is quite clear:

Part 1: Two or more DUIs in last 10 years

AND

Part 2: Any of such convictionS occurring in last 5.

If part 1 doesn't apply, then part 2 doesn't either.

The difference between "and" and "or" is a significant one in statute verbiage, plus the plural is used in second part to make it even more clear.

Incidentally, you get a single DUI after you have your HCP, and you do lose it for duration of the sentence, generally one year.

- OS

Edited April 15, 2011 by OhShoot

[Grunt67]

It also asks the 2 in 10 years question in separate sentence and checkbox, so maybe if both are admitted it saves even their running the check, since you disqualified yourself by your own admission and they make an easy 115 smackers?

It also makes the two questions simpler by separating them, rather than lumping together in a more complex sentence, and this is probably the most logical reason, methinks.

The statute is quite clear:

Part 1: Two or more DUIs in last 10 years

AND

Part 2: Any of such convictionS occurring in last 5.

If part 1 doesn't apply, then part 2 doesn't either.

The difference between "and" and "or" is a significant one in statute verbiage, plus the plural is used in second part to make it even more clear.

Incidentally, you get a single DUI after you have your HCP, and you do lose it for duration of the sentence, generally one year.

- OS

Point taken. Kinda like calling the IRS about a tax issue. Talk to 20 different folks,

get 20 different replies. I'd still give Lisa a call, she seems to be the only person

at DOS with any grasp of what's going on.

[Oh Shoot]

Point taken. Kinda like calling the IRS about a tax issue. Talk to 20 different folks,

get 20 different replies. I'd still give Lisa a call, she seems to be the only person

at DOS with any grasp of what's going on.

From my experience, the ONLY one if asking about policy and rules.

Any that usually answer the phone take with several grains of salt, if not the whole lick.

- OS