Help! What is the best way to deal with the TBI?

[Guest Geigeroo]

I'll start by saying that I understand TBI trumps the Tn Department of Safety. I have a complicated situation that maybe somebody could shed some light on. After much research and correspondence with TNDOS (who have been amazingly helpful) we have found that I AM eligible for HCP. She did tell me my background check will be denied but that I should appeal and show them what I have showed her. I Filed the appeal and got a letter of denial without any inquiry of the grounds for my appeal request. They also gave me no info on how to proceed. When I called the TBI the lady was not as nice and very short. It seemed like she could care less about my case. What she stated seemed incorrect according to the state law cited in my denial. Later talked to the contact at DOS and she was confused too. She said obviously TBI trump DOS ruling but her training from FBI specifically said I am eligible.Sorry so vague... I know it doesn't help.... Has anybody else had to appeal a denial? What avenue did you take? I can PM any specifics to my case and laws involved, I just dont want them on the public thread.

[Guest 6.8 AR]

There are a couple of lawyers on this forum you might want to talk to. It would always be prudent

to talk to someone like one of them, rather than someone you don't know on a forum. I'm confident

one of the sponsors would be glad to put you in the right direction.

You may need their help, anyway. Good luck!

[Guest Geigeroo]

Thanks

[Guest Sgt. Joe]

What 6.8 says is going to be the best way to proceed here.

All I can say is that I had no trouble purchasing any guns in TN.

Then when I applied for my HCP they found an old bad check case in FL that somehow never got closed. I didnt even write the thing my Ex had and it had been paid 20+ years prior without any court being involved that I ever knew of. But somehow a case on it had been opened and never closed so it was up to me to fix it all.

I had to get certified documents from the county in FL saying that I was good to go. Because DOS said they would not accept a fax and I thought that maybe I might need them again I ordered two copies of the certified docs.....that turned out to be a very smart move on my part.

The very day that DOS told me that they got their copy of the original docs and my HCP would be on it's way I got denied for the first time ever.

I then called the TBI myself and the lady was very nice but said that she now also needed those docs but at least they would accept a fax copy, she was not however allowed to accept a copy from DOS nor was DOS allowed to send TBI a copy. It was the end of the day and I told her they would be waiting for her in the AM.

The next morning my purchase was OK'ed and I never had another problem. The lady at the TBI was a bit confused as to why I had not been stopped from purchasing before, I also have no idea, the information I filled out never changed. So.....Yes, there can be a bit of lack of communication between the two agencies and also between either of them and the FBI who actually does the instant checks.

So long as DOS has you good to go everything should work out OK eventually. You may even try the TBI office in another city and get a different person who may be more willing to help, the lady I talked with was as sweet as my Gran-ma to me as were the gals at DOS.

I was held up a bit by a simple clerical error made two decades prior, but if I had not fixed it I would have never gotten a permit and likely would have started getting denied to purchase and I never would have known why had not the people at DOS explained exactly what I needed to do.

731-984-6600 and 615-744-4000 are the numbers that I have from several years ago for the TBI, the 731 is a Jackson number and 615 a Nashville number but one or the other may be a fax line, I just dont remember for sure which is what.

Good luck to ya and follow 6.8's advice, I am confident all will shake out for you sooner rather than later.

[DaveTN]

Are you talking about an HCP application or a gun purchase?

I don’t think TBI “passes†or “fails†on an HCP application; they just supply the info to the DOS.

Is the problem that your criminal history is being reported wrong, or is it that you think something they say is a disqualifier, you don’t think should be?

[Guest Geigeroo]

Sgt Joe, thanks for the input....Dave, It is for both. I checked with DOS first to see if I could even get a carry permit because that is my reason for wanting a firearm. Im not as concerned with home protection as I am with away from home protection. After much sifting through the laws relating to a criminal case from years back I was told by DOS that I would be cleared. Then TBI denied my purchase. My criminal history is accurate but what they say is a disqualifier with the law they cite is wrong. I was aware of the possibility of being denied but if they deny me based on a law that, in its own wording would allow me, that is where I feel injustice. Maybe a phone call answered by a different person would help...