I have a question about being denied a purchase.

[Oh Shoot]

I don’t understand. I’ve skimmed through pages and pages of people that were denied a HCP because of previous convictions, some pretty violent. You don’t think that prevents crime?

Nope. Just prevents them from getting an HCP.

Crime is created by the state, making ordinary citizens criminals for carrying without one.

- OS

[tnhawk]

....I dont understand the logics of I can carry a gun in Tn. but not buy a gun in Tn. but to get my permit I had to have a gun. Is the gov really that messed up?....

Yes, the gov is that messed up. I had a purchase denied about 9-10 years ago and it was cleared a few days later. During the next several purchases I worried if it would happen again.

[Guest HottShott]

[size=4][font=arial, helvetica, sans-serif]Hello![/font][/size]

[size=4][font=arial, helvetica, sans-serif]I am new here and I have a similar question. In 1992 I was convicted of forgery, a felony, and I was given a 1 year sentence with probation. According to the TN HGC qualifications, "[color=#000000]Applicants shall not have been convicted of any felony offense punishable for a term exceeding one (1) year;. So I took the class and applied for my permit and was denied because of this. Am I misunderstanding this requirement? My conviction was punishable for 1 year exactly and the denial letter states this. Should I bother with an appeal?[/color][/font][/size]

Thanks
[color=#000000][font=arial, helvetica, sans-serif]Confused and discouraged. [/font][/color]

[Guest CCI]

[quote name='HottShott' timestamp='1352522789' post='842942']
[size=4][font=arial, helvetica, sans-serif]Hello![/font][/size]

[size=4][font=arial, helvetica, sans-serif]I am new here and I have a similar question. In 1992 I was convicted of forgery, a felony, and I was given a 1 year sentence with probation. According to the TN HGC qualifications, "[color=#000000]Applicants shall not have been convicted of any felony offense punishable for a term exceeding one (1) year;. So I took the class and applied for my permit and was denied because of this. Am I misunderstanding this requirement? My conviction was punishable for 1 year exactly and the denial letter states this. Should I bother with an appeal?[/color][/font][/size]

Thanks
[color=#000000][font=arial, helvetica, sans-serif]Confused and discouraged. [/font][/color]
[/quote]
Look this over. I'm to tired to throughly understand it!

[url="http://www.tba2.org/tba_files/AG/2010/ag_10_21.pdf"]http://www.tba2.org/tba_files/AG/2010/ag_10_21.pdf[/url]

[Oh Shoot]

[quote name='HottShott' timestamp='1352522789' post='842942']
....[size=4][font=arial, helvetica, sans-serif][color=#000000]Should I bother with an appeal?[/color][/font][/size]...[/quote]

I surely would. But I'd probably consult a lawyer hip to firearms law first, too. Maybe just a letter from one to the right division might even suffice.

Send a PM to TGO user "Stegall Law Firm" or see his phone number in the Authorized Vendor section at bottom of TGO main page. Patrick Stegall --he's in Memphis.

Qualifications seem pretty clear cut. Can you pass 4473 check to buy a gun? The federal ownership qualification is the same regarding the "a term exceeding one year".

CCI's link seems to support same, even though it's about ownership rather than HCP, but both qualifications seem to be the same.

If Patrick doesn't see this thread and post, please keep us informed here -- I for one would very much like to know the score on this point.


- OS Edited November 10, 2012 by OhShoot

[DaveTN]

[quote name='HottShott' timestamp='1352522789' post='842942']
[size=4][font=arial, helvetica, sans-serif]Hello![/font][/size]

[size=4][font=arial, helvetica, sans-serif]I am new here and I have a similar question. In 1992 I was convicted of forgery, a felony, and I was given a 1 year sentence with probation. According to the TN HGC qualifications, "[color=#000000]Applicants shall not have been convicted of any felony offense punishable for a term exceeding one (1) year;. So I took the class and applied for my permit and was denied because of this. Am I misunderstanding this requirement? My conviction was punishable for 1 year exactly and the denial letter states this. Should I bother with an appeal?[/color][/font][/size]

Thanks
[color=#000000][font=arial, helvetica, sans-serif]Confused and discouraged. [/font][/color]
[/quote]
They don’t care what your sentence was; or even if you didn’t serve any time and got probation. It’s the amount of time the offense could carry. It basically separates Misdemeanors and Felonies.

Because your felony is 20 years old and isn’t violent or involve drugs; you would be a good candidate for expungement. However, Tennessee is one of the hardest states I have ever seen to get gun rights back in, make sure when you start the process your attorney knows getting your gun rights back is your ultimate goal.

Unless I’m mistaken you are a “felon in possession”. And I think Tennessee just made that mandatory prison time. Edited November 10, 2012 by DaveTN

[Guest HottShott]

Thanks DaveTN, CCI & OhShoot for the responses....I guess I will just have to appeal and see where it goes. I will also contact Patrick Stegall to assist me...I found this info that states once I have my civil rights restored, I will automatically be qualified to carry, had I known this, I would have taken care of this prior to applying for my permit. It states that although my voting rights are restored, my full civil rights are not. Its amazing that none of this info was sent to me with the denial letter, thank goodness for the internet, otherwise I wouldn't have a clue. I will definitely keep you guys posted on where this goes...I am determined to get this done and I feel I have a long and expensive fight ahead of me..'sigh'

Questions:


1.Does a “certificate of restoration” issued by a pardoning, supervising, or incarcerating authority pursuant to Tenn. Code Ann. §40-29-105((3) satisfy the requirement, in Tenn. Code Ann. §39-17-1351(j)(3), that felons convicted on or after July 1, 1986, but before July 1, 1996, who are otherwise eligible for issuance of a handgun permit, must obtain restoration of the full rights of citizenship in order to obtain such a permit?

2. Is the Tennessee Department of Safety required to accept a certain form captioned “Certificate of Restoration of Voting Rights” for the issuance of a handgun carry permit, for otherwise eligible felons convicted on or after July 1, 1986, but before July 1, 1996?

3. If a certificate of restoration is not sufficient in all such cases to restore full rights of citizenship to an applicant for a handgun permit, what steps can be taken by the applicant to restore full rights of citizenship?

Answers:

1. Yes, unless the applicant was sentenced to the penitentiary .

2. The Department of Safety must accept the form titled “Certificate of Restoration of Voting Rights”from otherwise eligible persons not sentenced to the penitentiary if the form was applicable to the applicant, and properly executed, during the time period when the form was in effect. The form was the one officially prescribed by the coordinator of elections, before it was revised in January 1998.

3. An otherwise eligible applicant with a penitentiary sentence convicted during said period can regain full rights of citizenship for a handgun permit by proceeding on a petition in the circuit court of the county of the petitioner’s residence or in the circuit court of the county in which the petitioner was convicted of an act depriving the petitioner of citizenship for a court order restoring those rights pursuant to Tenn. Code Ann. §§ 40-29-101-102.

[url="http://www.tn.gov/attorneygeneral/op/2002/op/op119.pdf"]http://www.tn.gov/at...02/op/op119.pdf[/url] Edited November 10, 2012 by HottShott

[DaveTN]

You need to talk to a criminal defense attorney right away. I think you are putting yourself at risk of arrest by having anymore conversations with the DOS or TBI. Of course I could be wrong.

[Guest CCI]

Few felons apply for expungement under new TN law


NASHVILLE, TN (WSMV) -
The number of convicted felons applying for expungements under a new state law has been so low it demands a closer look.
Those who apply and are approved would have their voting rights and gun rights restored and no longer be branded a felon, which could open up many doors and new career possibilities.
The expungement law for felons went into effect July 1. With it, a long list of Class E felonies, including theft, forgery, fraud, auto burglary, vandalism, evading arrest and certain drug crimes are eligible for expungement with a couple of key conditions.
Anyone hoping for expungement must have committed the crime at least five years ago and have no other criminal record since. Also, the felon must pay $350 and appear in front of a judge.
"We were expecting a massive amount of people coming in on July 1," said Tommy Bradley, chief Davidson County Criminal Court clerk.
But, instead it has been a trickle. Among the thousands of those eligible, only 17 people have filled out an application and are in the process toward expungement.
Some said it reveals an uncomfortable truth that most people don't make just one mistake.
"You'll find a lot of offenders, regardless of the charge, rarely is an E felony going to be their first thing. It will usually be reduced to a misdemeanor. Rarely do people just go out and get one E felony," said defense attorney Adam Dread.
Another critical component of expungement eligibility is the applicant can't have more than one felony conviction.
"We mention that second conviction disqualifier and you can just see that there's an issue with that for a lot of folks," Bradley said. "You see the eyes drop and the shoulders drop."

[url="http://www.wsmv.com/story/19278656/few-felons-apply-for-expungement-under-new-tn-law"]http://www.wsmv.com/story/19278656/few-felons-apply-for-expungement-under-new-tn-law[/url]

[url="http://www.google.com/#hl=en&newwindow=1&safe=off&tbo=d&output=search&sclient=psy-ab&q=tennessee+expungement&oq=tennessee+expungement&gs_l=hp.3..0l4.2157.11992.0.12472.21.7.0.14.14.0.104.594.6j1.7.0.les%3B..0.0...1c.1.ssUS16LRB6Q&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.&fp=bb4ade3441768232&bpcl=38093640&biw=1152&bih=645"]http://www.google.com/#hl=en&newwindow=1&safe=off&tbo=d&output=search&sclient=psy-ab&q=tennessee+expungement&oq=tennessee+expungement&gs_l=hp.3..0l4.2157.11992.0.12472.21.7.0.14.14.0.104.594.6j1.7.0.les%3B..0.0...1c.1.ssUS16LRB6Q&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.&fp=bb4ade3441768232&bpcl=38093640&biw=1152&bih=645[/url]

[Oh Shoot]

[quote name='DaveTN' timestamp='1352551854' post='843005']
They don’t care what your sentence was; or even if you didn’t serve any time and got probation. It’s the amount of time the offense could carry.
[/quote]

Doh...that's almost certainly the correct answer, "a term punishable..." is the key.

For some reason I equated his sentence as max sentence for whichever class of fraud OP got popped for, mea culpa.

- OS Edited November 10, 2012 by OhShoot

[jtmaze]

I have a friend who was convicted of a felony on a questionable charge by helping his boss many years ago that currently has all rights restored. He has several guns and a HCP. His charge had nothing to do with drugs or violence. It was one of those the law is so unclear that it could have happened to anyone.


JTM
Sent from my iPhone

[Guest HottShott]

[quote name='DaveTN' timestamp='1352566295' post='843109']
You need to talk to a criminal defense attorney right away. I think you are putting yourself at risk of arrest by having anymore conversations with the DOS or TBI. Of course I could be wrong.
[/quote]


I agree and I will do that..I can see that anything on one's record is an automatic denial and it's up to that person to fight it...and if they don't...let work for DOS & TBI

[Guest HottShott]

[quote name='CCI' timestamp='1352566595' post='843111']
Few felons apply for expungement under new TN law


NASHVILLE, TN (WSMV) -
The number of convicted felons applying for expungements under a new state law has been so low it demands a closer look.
Those who apply and are approved would have their voting rights and gun rights restored and no longer be branded a felon, which could open up many doors and new career possibilities.
[/quote]

Yes I saw this before I took the gun class and I submitted the questionnaire and although it states I will hear from them in 2 days, it has been 2 weeks.. and I am still waiting.....I was told I needed to complete it to determine whether or not I meet the requirements for expungement

[daddytech]

I'm a U.S. Army Veteran Honorably discharged for medical haven't even been stopped by the police since 2004 no tickets. hardly ever leave the house and denied today.  Don't understand it I have been buying guns since 1999 Several of them, and even back then i had tickets, had gone to jail for driving on a suspended license and everything and still wasn't denied. But now that i am all "by the book" legal and compliant with everything and no outstanding anything and i get denied? 

I kinda feel like it's a "thank you for your service now here's the screwing we didn't get to give you while you were in service still"  bad thing is this was for a gift for my wife. i had taken her in last week and purchased a Bersa .380  and she wasn't comfortable with it but she was with my Smith & Wesson SW40F so i was going to just trade up and get her a Taurus .40 compact. I went into the pawn shop sold them the bersa then started the purchase proceedure for the brand new, still in the plastic,Taurus and there was only a couple dollars difference in the bersa and the Taurus but the $50.00 rebate that Taurus offers right now would have more than covered the difference in the two guns. Problem is that rebate runs out at the end of December and those guns are a hot item right now, but NOPE! Denied  and the counter guy starts giving me all the millions of reasons that it could have been denied up to and including "it's just a bad time of day to be trying to get one of these to go through" (5:00 PM on a Wednesday night) ARE YOU SERIOUS? so she'll probably have to wait till they get another bunch of them in FML! 

 

Bad part about all of this is the shop keeper knows us and knows we aren't bad people but the TBI has to know that too.  I was going to have my son go in and purchase the gun just so we can have it in time to get the rebate but the shop keep says that the TBI will kick out and fail anyone that applies with that same address once any of them have failed and now my son is worried that he may not be able to take his CCL this weekend because his weapon is registered here too at the same address. 

 

(to be quite honest i kinda like that taurus quite a bit myself, would make an Excellent Concealed Carry weapon) 

Edited December 10, 2015 by daddytech

[JayC]

Sorry it took me so long to respond...

 

The TN constitution only grants the legislature the power to regulate the wearing of firearms to prevent crime:

 

 

 

That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.

 

TICS regulates the purchasing of firearms, which is clearly not under the powers granted to the legislature by the TN state constitution.

 

While NICS may (and I don't agree) be constitutional under the federal Constitution, TICS clearly is an unconstitutional tax under our state constitution...  If we did away with TICS, like many other states we'd revert to the NICS system which is free.

 

Um... What? Just about every state has some state level version of NCIC. Kentucky has LINK and Florida has FCIC. If memory serves me correctly, the Kentucky law specifically prohibits the state from using background checks for revenue building.

 

[Hoop]

Yes I recently denied a handgun I file a appeal still waiting it’s been 3-4 days since. But it’s driving me nuts why I have a clean record and no kinda illnesses. I literally just bought a rifle two weeks ago. So anyone have thoughts? Please and thank you. 

[DaveTN]

22 hours ago, Hoop said:

Yes I recently denied a handgun I file a appeal still waiting it’s been 3-4 days since. But it’s driving me nuts why I have a clean record and no kinda illnesses. I literally just bought a rifle two weeks ago. So anyone have thoughts? Please and thank you. 

There are many reasons listed in this thread. You will find out when your appeal goes through. You can contact the TBI.

[Sidinman]

On 9/15/2012 at 4:25 PM, DaveTN said:

I agree. My charge was a misdemeanor of carrying a gun in my car in Illinois. Even if it had not been dismissed it would have not been a disqualifier. However the gal at TBI told me because it was possibly a felony in Tennessee; the sale was stopped. It was approved on appeal… twice. Turns out she was clueless about the cause.

Not many people want to help when it involves someone charged with a crime buying a gun (guilty or not). I’m just offering up what happened to me. You can do a lot without having to pay an attorney to do it. But you have to know for sure what the cause is, and that usually involves either starting at the source, or doing like I did and applying to the ATF, who did give me a direct cause and told me how to fix it. It cost me $30, it was going to cost me nearly that much to get a copy of my records from the FBI, plus now I have a C&R.

I purchased many guns in several states that did background checks and was never denied. Why it started 20 years later in Tennessee I have no idea.

Dave, I also have a C&R, but how does this help?

I have had mine several years, and still have been denied a few times.

Not on the C&R eligible items but others.

 

RP

[DaveTN]

22 minutes ago, Sidinman said:

Dave, I also have a C&R, but how does this help?

I have had mine several years, and still have been denied a few times.

Not on the C&R eligible items but others.

 

RP

Because as I said, the TBI was worthless. The ATF told me why I was being denied and how to fix it. I did what they said and it worked.

Mine was because I didn’t have a disposition on the charges with the FEDS. My charges were dismissed. But none of that matters. If you have an arrest, even if charges weren’t filed, they were dismissed or even expunged; the arrest is still there. If it doesn’t have a disposition attached to it; the TBI will refuse you.

Now, if you have never been arrested, this doesn’t apply to you. If you have a C&R the FEDS did a background on you and it was good. So you may have to go to the TBI to try to find out what is going on.