HCP Backlog....longer than ever now

[Guest TheBulldog]

If I'm not mistaken, the background check is very similar to the check when you purchase a gun. The long wait as I understand it is the FBI check.

It's the same, same rules apply also.

If you can buy a firearm, you can get the permit.

I spent last night reading up on this and old Jimmy.

They COULD, just let the DMV people call up and so the SAME thing and issue on the spot, but then, how could they justify the bureaucracy that eats TAX dollars up.

The law in TN for purchases is the same as far as the standard to have a permit goes unless I missed something reading all the rules and annotated code.

[Guest bkelm18]

It's the same, same rules apply also.

If you can buy a firearm, you can get the permit.

I spent last night reading up on this and old Jimmy.

They COULD, just let the DMV people call up and so the SAME thing and issue on the spot, but then, how could they justify the bureaucracy that eats TAX dollars up.

The law in TN for purchases is the same as far as the standard to have a permit goes unless I missed something reading all the rules and annotated code.

Close. I'm fairly certain that being convicted of a Class A Misdemeanor disqualifies you for a HCP. If you already have a HCP, you must surrender it upon conviction. You can still own a firearm you just wont be able to carry it.

http://www.michie.com/tennessee/lpext.dll/tncode/e502/ed41/eff6/f078?fn=document-frame.htm&f=templates&2.0#

39-17-1352. Suspension or revocation of license. —

(f) (1) If a permit holder is convicted of a Class A misdemeanor offense, the permit holder shall surrender the permit to the court having jurisdiction of the case for transmission to the department.

[Guest TheBulldog]

Close. I'm fairly certain that being convicted of a Class A Misdemeanor disqualifies you for a HCP. If you already have a HCP, you must surrender it upon conviction. You can still own a firearm you just wont be able to carry it.

http://www.michie.com/tennessee/lpext.dll/tncode/e502/ed41/eff6/f078?fn=document-frame.htm&f=templates&2.0#

39-17-1352. Suspension or revocation of license. —

(a) The department shall suspend or revoke a handgun permit upon a showing by its records or other sufficient evidence that the permit holder:

(1) Is prohibited from purchasing a handgun under applicable state or federal law;

(2) Has not accurately disclosed any material information required by § 39-17-1351;

(3) Poses a material likelihood of risk of harm to the public;

(4) Has been arrested for a felony involving the use or attempted use of force, violence or a deadly weapon or a felony drug offense;

(5) Has been convicted of a felony;

(6) Has violated any other provision of §§ 39-17-1351 — 39-17-1360; or

(7) Has at any time committed an act or omission or engaged in a pattern of conduct that would render the permit holder ineligible to apply for or obtain a permit under the eligibility requirements of § 39-17-1351.

**************************************************

Some more

39-17-1316. Sales of dangerous weapons — Certification of purchaser — Exceptions — Licensing of dealers — Definitions. —

(a) (1) Any person appropriately licensed by the federal government may stock and sell firearms to persons desiring them; however, sales to persons who have been convicted of the offense of stalking, as prohibited by § 39-17-315, who are addicted to alcohol, and who are ineligible to receive them under 18 U.S.C. § 922, are prohibited. For purposes of this subdivision (a)(1), the offense of violation of a protective order as prohibited by § 39-13-113 shall be considered a “misdemeanor crime of domestic violence” for purposes of 18 U.S.C. § 921.

(2) The provisions of this subsection (a) prohibiting the sale of a firearm to a person convicted of a felony shall not apply if:

(A) The person was pardoned for the offense;

( The conviction has been expunged or set aside; or

© The person's civil rights have been restored pursuant to title 40, chapter 29, and

(D) The person is not prohibited from possessing a firearm by the provisions of § 39-17-1307.

Same rules apply to own a firearm here too I think.

Edited July 17, 2008 by TheBulldog

[Guest bkelm18]

Where does it say that you can't own a firearm with a Class A Misdemeanor?

[Guest TheBulldog]

Close. I'm fairly certain that being convicted of a Class A Misdemeanor disqualifies you for a HCP. If you already have a HCP, you must surrender it upon conviction. You can still own a firearm you just wont be able to carry it.

http://www.michie.com/tennessee/lpext.dll/tncode/e502/ed41/eff6/f078?fn=document-frame.htm&f=templates&2.0#

Oh BTW, that section refers to ACTIVE permits and being convicted of a Class A Misdemeanor.

The requirements for A Permit or just ownership fall back on the Federal requirements.

So you could have a misdemeanor, just as long as it is not of Domestic Violence or Involving drugs and alcohol.

Also, you can not have ever been found as mentally unstable.

All this info is in the database they use to determine if you can MAKE the purchase of a firearm in this state.

[Guest TheBulldog]

Where does it say that you can't own a firearm with a Class A Misdemeanor?

It does not.

It uses the Federal Standard.

A Class A when you HAVE A PERMIT is Automatic revocation unless the charge is expunged under Tennessee standards.