HCP Confiscated for change of address

[Guest cheez]

This has likely been discussed already here but I could not find anything on it. I work with a guy who just moved from Hamilton to Marion county. He went to DMV to get his driver's license and HCP address changed. The DMV conficated his HCP and told him that pending a new background check he would not be able to carry his handgun. The guy at DMV said this was new policy. It has been 3 weeks now and he has not heard back about his HCP. Anybody here heard of this new "policy".

[peejman]

Never heard of that. I changed my address online and requested a new DL only. I kept the print-out with my HCP until it was time to renew, which was legal per the instructions at the time (3-4 years ago).

[Oh Shoot]

Certainly it's not what TNDOS site says. It certainly defies logic that a change of address would require a new back ground check, and I always take "a guy I know said" anecdotes with a grain of salt, just sayin....

- OS

Edited August 31, 2012 by OhShoot

[cj0e]

From the TN.gov FAQ

And from the Handgun Carry Permit information

TLDR: from that info, they shouldn't have taken his permit.

EDIT: If it were me, I'd go through the request a duplicate procedure by mail, and in the letter cite the issues with the DMV employee.

Edited August 31, 2012 by cj0e

[Guest nysos]

When I moved in November, per the requirements at the time. You had to update your address with the state, but you could retain your old permit. As long as the information the state had on file was current, a new driver license & HCP card were optional if you wanted to pay for a reprint.

Sounds bogus to me, either DMV guy was an idiot or friend wasn't telling you something.

[Guest cheez]

Well guys for the couple of you that think the guy was telling me one. I have worked side by side with this man for 25 years. He is certified professional engineer. He has been holding a Tennessee handgun carry permit ever since they were made available. He is not mistaken nor is he "telling me one" nor is this the "guy I know said". The DMV guy in Jasper TN confiscated his HCP and told him he could not carry until the new background check was complete and they mailed him his new permit. He has not commited any crime not even a traffic ticket. The DMV guy said it was "new policy"

Edited August 31, 2012 by cheez

[bvarnell]

Marion County employee maybe??

That is the best place in the area to get a DL/HCP though. About a 5 min. wait time vs. hours at Bonny Oaks and they were pleasant the last time I was there.

[Oh Shoot]

Well guys for the couple of you that think the guy was telling me one....

Then he needs to call TNDOS handgun permit office right away.

Insist on talking to Lisa Knight personally.

- OS

Edited August 31, 2012 by OhShoot

[billyscott]

Did he go to the DMV within the 60 day time limit?

If so, it sounds like the guy at the DMV was a Dumb a$$.

[quietguy]

Then he needs to call TNDOS handgun permit office right away.

Insist on talking to Lisa Knight personally.

- OS

This ^^^^

Unless he had moved more than 60 days before he changed his address, there should be no reason to confiscate his permit.

I also don't think that a policy change of this magnitude is within the purview of the department without legislative action, but would have to research further.

[mikegideon]

Then he needs to call TNDOS handgun permit office right away.

Insist on talking to Lisa Knight personally.

- OS

Lisa is great. I think she'll sort thru it quickly

[Parrothead]

I don't like the idea of some DMV employee that might look like your buddy having what would appear to be a valid HCP. I doubt it would get him far with the national database but its scary at the least.

[EastHipster]

Please follow up if you get more info.

I doubt that a DMV employee can "confiscate" anything.

[Seabeejason]

I would have jerked it back out of their hand and told them to get screwed. The law states that you just have to change your address with the state. I moved recently and that is exactly what my local Drivers License Center told me. As long as it's updated in the state's system you're good.

[Chucktshoes]

Exactly. It isn't used for ID for proof of address, so when I moved, I changed my address online and didn't worry about going into the DMV.

Edited August 31, 2012 by Chucktshoes

[TripleDigitRide]

Exactly. It isn't used for ID for proof of address, so when I moved, I changed my address online and didn't worry about going into the DMV.

Same here.

[Guest cheez]

Please follow up if you get more info.

I doubt that a DMV employee can "confiscate" anything.

Well call it what you will but the DMV guy asked Mac for his HCP. Mac handed it to him and said he could not give it back. I would call that confiscation. Whether he can or cannot is moot at this point because he did it. Mac is without his HCP. He called and tried to talk to Lisa but she was unavailable according to a woman named Minnie Minion.

This is not over. I will post what happens.

Edited September 1, 2012 by cheez

[Zahooee]

Considering that you are only required to notify the DoS of your change of address, and that you can do it on-line, I don't think the "confiscation" was legit.

https://apps.tn.gov/tndlr/address-instr.html

Best case, "DMV guy" was a code ID-10T. Worst case, he's got an agenda.

(Assuming, of course, nothing had expired, etc.)

Edited September 1, 2012 by Zahooee

[maddog909]

Just last week I renewed mine with a change of address from Loudon County to Sullivan County........ No problem at all.

[BlackHawk93]

Tell your friend to email Lisa. She is extremely good at replying to emails and does so regardless of it being the weekend or even holidays. She is very professional.

This is why I try to stay away from going in to the DOS for anything concerning renewals, duplicates of my HCP. Some stations confiscate them for renewals when they are not supposed to. The permit is still valid and therefore just because one goes in for a renewal they should not take your still valid HCP. Neither should they confiscate one where you have moved and are simply wanting an address change. There is nothing in the language that would require a confiscation, recheck of background simply because you have moved. As long as you moved from within the state and the HCP is current.

Emailing her, even on a Friday night, will get you a response on Saturday concerning this, at the latest. She will get it straightened out.

Edited September 2, 2012 by BlackHawk93

[runco]

Hypothetically speaking, and I know Tenn. Law would trump dept policy and county policy, etc. could the Marion Sheriff dept have issued a memo. request, or something to the DMV, stating for any new residenses requesting a new change of address for the HCP, they want a new background check to confirm who just moved in?

When I was in the business 20 years ago, I ran up against local county "policies" quite offten that were in direct conflict of what I understood of TN Law. Before the internet, I often frequented the local library to read and photocopy Tenn Annotated books, pages, and etc. just to debunk the locals. I even went as far as using their county local newspaper editoral page to point out differences. I received a lot of heat, but I knew I was right. In the end, I had a 50/50 success rate in changes. Never did go the lawsuit route. Though my issue was different than this thread, it was the old method of Tenn. handgun background check. Many differences and methods county by county back then. It was most definitely a good ole boy network so to speak.

[Lumber_Jack]

I would have called the police to come and retrieve my HCP. If this ever happens to anyone else, do not leave without your permit.

[Guest Travtastik]

Never heard of that. I changed my address online and requested a new DL only. I kept the print-out with my HCP until it was time to renew, which was legal per the instructions at the time (3-4 years ago).

I just did this in May when I moved to Ooltewah with no issues.

[tnroadrunner]

I just changed my address at the DMV office in Dickson, on July 30th and they did my DL right away and gave me a copy of the form to keep with my HCP until I receive my new one with the chance of address. As of today I'm still waiting for my new HCP. I'm going to call the DMV on Tuesday.

[DaveTN]

I would have called the police to come and retrieve my HCP. If this ever happens to anyone else, do not leave without your permit.

I agree. I would have been nice about it, but I would have called the Police for that jurisdiction and they would either get my permit back or verify this “New†policy.

Hypothetically speaking, and I know Tenn. Law would trump dept policy and county policy, etc. could the Marion Sheriff dept have issued a memo. request, or something to the DMV, stating for any new residenses requesting a new change of address for the HCP, they want a new background check to confirm who just moved in?

A CLEO could try anything he wanted, but who would pay for the background check, and why? If any disqualifier had happened since the last background check and the permit had been revoked; a simple check would show that.