CCW Questions

[Guest GlockSocks]

Hello, I'm in a strange situation and need some advise. When you hear my record, it's pretty obvious that I had a pretty big problem with Alcohol but the problem has been addressed and I've successfully recovered over that past few years.

I have a total of 4 DUIs on my record. Most of them happened years ago but I still have 2 on my record over that past10 years. 1 was in 2004 and the other in 2006. I understand that if I have 2 within 10 years, I will be unable to obtain a Tennessee CCW. The big questions is when should I attempt to apply? June of 2014 will be the official date when I only have 1 on my record in that past 10 years. Will I be OK to apply immediately? Or should I give it a year or so after that date? If I were to apply for one now, I'm assuming that it would be 100% impossible correct?

Again, I understand this is a difficult issue and I've taken appropriate steps to resolve the alcohol issues that I had... AKA, I stoped drinking... ;-)

Any advise would be appreciated.

Thanks!

[c.a.willard]

"The applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other State two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years from the date of application or renewal. "

 

Basically the way i read that is that the and is conjunctive and that to be precluded you would have to not only have 2 within the last 10 years but one or more of them would have to be within 5 years. 

I obviously am not an attorny and dont even play one on TV, nor did i stay at a holiday inn express last night.  It is a good bit of money put into the application process, but thats really all you have to loose is the cost of the process. 

[Will H]

I read that the same way, and I used to watch Matlock all the time.

[Guest GlockSocks]

"The applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other State two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years from the date of application or renewal. "

Basically the way i read that is that the and is conjunctive and that to be precluded you would have to not only have 2 within the last 10 years but one or more of them would have to be within 5 years.
I obviously am not an attorny and dont even play one on TV, nor did i stay at a holiday inn express last night. It is a good bit of money put into the application process, but thats really all you have to loose is the cost of the process.

well, I have to say this is a fresh prospective. I could have been misreading that law for the past few years. So you're thinking I would be good to go? I always thought that reading meant that I wouldn't be eligible if I had 2 within 10 years and couldn't have 1 in the past 5 years. So for example, if someone got 1 DUI in the past 3 years but doesn't have 2 in 10 years, they would still be OK? Very interesting... I would love to find out for sure before applying, if this is true, I will definitely go for it.

Sent from my iPad Edited January 28, 2013 by GlockSocks

[Oh Shoot]

Basically the way i read that is that the and is conjunctive and that to be precluded you would have to not only have 2 within the last 10 years but one or more of them would have to be within 5 years.

 

That has also been stated by at least one attorney onsite. The "and" in the sentence makes it quite different from an "or". Also "none of such convictions" rather than "no convictions".

 

Assuming TNDOS honors the actual wording of the statute, you should be able to get an HCP right now if you have no other disqualifying issues.

 

I seem to remember that at least one person reported that he did indeed get his HCP under similar DUI circumstances, but I can't swear to it, as I am getting on up there. :)

 

- OS

 

edit: report on the outcome, however long it takes, okay?

Edited January 28, 2013 by Oh Shoot

[gunsablazin]

 Congratulations on winning your battle with alcohol, not easy, I know...... 

[Guest GlockSocks]

That has also been stated by at least one attorney onsite. The "and" in the sentence makes it quite different from an "or". Also "none of such convictions" rather than "no convictions".

 

Assuming TNDOS honors the actual wording of the statute, you should be able to get an HCP right now if you have no other disqualifying issues.

 

I seem to remember that at least one person reported that he did indeed get his HCP under similar DUI circumstances, but I can't swear to it, as I am getting on up there. :)

 

- OS

 

edit: report on the outcome, however long it takes, okay?

Yes, I will update you for sure.  I'm going to take the class this weekend to get the process started.  Thanks for all of the replies!  This has really helped me!

[Guest GlockSocks]

 Congratulations on winning your battle with alcohol, not easy, I know...... 

 

Thanks for the kind words...  You are correct, it was very difficult but not getting cocky.  I have to stay ontop of it!

[Oh Shoot]

Thanks for the kind words...  You are correct, it was very difficult but not getting cocky.  I have to stay ontop of it!

 

One day at a time here for over 15 years brother.

 

- OS

[Patton]

" two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years"
He had one in 04 and another in 06, both are within 10yrs. Once he got sentenced for the second one he is in eligible for 5yrs from that date.
You got your second one in 2006 but when did you get sentenced?

[Guest GlockSocks]

" two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years"
He had one in 04 and another in 06, both are within 10yrs. Once he got sentenced for the second one he is in eligible for 5yrs from that date.
You got your second one in 2006 but when did you get sentenced?

 

Same year, 2006.  So having said that, I was good to go in 2011? 

[Patton]

To my understanding.

[Guest GlockSocks]

To my understanding.

 

 

 

Edited February 13, 2013 by GlockSocks

[Volzfan]

"The applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other State two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years from the date of application or renewal. "

 

Basically the way i read that is that the and is conjunctive and that to be precluded you would have to not only have 2 within the last 10 years but one or more of them would have to be within 5 years. 

I obviously am not an attorny and dont even play one on TV, nor did i stay at a holiday inn express last night.  It is a good bit of money put into the application process, but thats really all you have to loose is the cost of the process. 

It's not just the DOS applicationyou are paying for and risking if they turn you down but also the cost of the class.

 

Congrats on your success in beating the alcohol!

[Patton]

Deleted conversation. Edited February 13, 2013 by Patton

[Guest GlockSocks]

Just got through with the 8 hour course.  Going to the DMV on Monday.  I'll update what the results are in about 90 days.  Thanks again to all that replied. 

[Guest GlockSocks]

That has also been stated by at least one attorney onsite. The "and" in the sentence makes it quite different from an "or". Also "none of such convictions" rather than "no convictions".

 

Assuming TNDOS honors the actual wording of the statute, you should be able to get an HCP right now if you have no other disqualifying issues.

 

I seem to remember that at least one person reported that he did indeed get his HCP under similar DUI circumstances, but I can't swear to it, as I am getting on up there. :)

 

- OS

 

edit: report on the outcome, however long it takes, okay?

 

Just an update on my status... I took the class on Saturday, applied @ the DMV today, and got my fingerprints done today as well. For the record, when I was filling out the application @ the DMV, the questions are divided about "in the last 5 years" & "in the last 10 years".  It would be an obvious "no" if they weren't divided and joined together with an "and".  They warned me when I was paying the $115.00 that they didn't think I would be approved if I checked "yes" on any of the questions regarding this... She even went to her supv. and asked and that's the response she got. From here it's wait and see..... I'll update when I get either a denial letter or my HCP.

 

[Oh Shoot]

 

Just an update on my status... I took the class on Saturday, applied @ the DMV today, and got my fingerprints done today as well. For the record, when I was filling out the application @ the DMV, the questions are divided about "in the last 5 years" & "in the last 10 years".  It would be an obvious "no" if they weren't divided and joined together with an "and".  They warned me when I was paying the $115.00 that they didn't think I would be approved if I checked "yes" on any of the questions regarding this... She even went to her supv. and asked and that's the response she got. From here it's wait and see..... I'll update when I get either a denial letter or my HCP.

 

Well, you were able to answer "no" to the five year question, right?

 

I wouldn't put any faith in what anyone says at the DMV. Hell, we've even had members where they took the previous permit that hadn't even expired yet when applying for renewal, off the wall stuff like that.

 

Worst happens, you can first get in touch with the head of the TNDOS HCP division, Lisa Knight and get her to look into it personally, and if that doesn't work pursue it with counsel. But according to other info we're received here, you won't have to.

 

- OS

[Guest GlockSocks]

Well, you were able to answer "no" to the five year question, right?

 

I wouldn't put any faith in what anyone says at the DMV. Hell, we've even had members where they took the previous permit that hadn't even expired yet when applying for renewal, off the wall stuff like that.

 

Worst happens, you can first get in touch with the head of the TNDOS HCP division, Lisa Knight and get her to look into it personally, and if that doesn't work pursue it with counsel. But according to other info we're received here, you won't have to.

 

- OS

 

 

I hear ya.  Well, hopefullly I'll get it... Good call on contacting Lisa if it goes south.  If all else fails, I'll be good next year at some point when that 2nd one falls off.   They say it should really only take two weeks to find out but who knows after the increase in gun sales.  Might be a bit before I can update.  Thanks again to all for the advice here. Yes, I was able to answer "no" to the 5 year question.  Checked "yes" to the 10 year question. 

Edited February 5, 2013 by GlockSocks

[Guest GlockSocks]

**UPDATE**

 

TNDOS emailed me back today and said we are reading the law correctly so looks like it going to go through.  I'll update when I get final approval...

Edited February 13, 2013 by GlockSocks

[Oh Shoot]

**UPDATE** ....

 

Good for you brother. One day at a time with everything now, kay? Whole new way of life.

 

- OS

Edited February 13, 2013 by Oh Shoot

[Guest GlockSocks]

Good for you brother. One day at a time with everything now, kay? Whole new way of life.

 

- OS

 

You've got that right, took me a bit to get the one day at a time thing but it applies to more than just alcohol.  Thanks again. 

[Guest GlockSocks]

I just received notification from TNDOS that my permit was issued yesterday and it's at the print farm now. They stated it should be about 10 business days to receive... Sounds like I'm approved, thank you to everyone for the helpful advise here... I never would have even attempted to get my permit if it wasn't for this forum, thanks again...

[Volzfan]

 

 

 

 

Get ready for your mandatory Wally Walk!

Edited March 8, 2013 by Volzfan

[Peace]

Map!  Map!!  Where's the map?