Handgun Permit was denied.

[Guest setyourgoals515]

Hey all,

I applied for my conceal carry permit and got a letter back saying I was denied but I can appeal my denial. I was just wondering if anybody else had this happen to them and what I need to do for when I go and appeal it.

[TMF]

You're law enforcement and they denied your carry permit?  They give a reason?

[DaveTN]

1340-2-4-.07 DENIAL OF HANDGUN CARRY PERMIT.
(1) The department shall deny a handgun carry permit application if it determines from information contained in the criminal history record checks conducted by the Tennessee and Federal Bureaus of Investigation, or from other information that comes to the attention of the department, that the applicant does not meet the eligibility requirements of T.C.A. §39-17-1351 and Rule 1340-2-4-.03. It shall be the responsibility of the applicant to furnish sufficient proof to the department that such applicant meets all eligibility requirements.

(2) Where a permit has not been issued and in cases where the criminal histories do not contain dispositions of charges, the department will notify the applicant of the charge. The applicant will have ninety (90) days to furnish information sufficient to the department as to the disposition of the charge.
(a) If the applicant does not provide the department with information as to the disposition of the charge within ninety (90) days, the department shall deny the permit pursuant to paragraph (1).
(B.) If the applicant does not provide the department with information as to the disposition of the charge within ninety (90) days, the applicant will be required to meet the application requirements pursuant to Rule 1340-2-4-.05 and pay the prescribed application fee.

(3) If the department denies an application, the department shall notify the applicant in writing within ten (10) days of such denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records and/or inquiries reviewed or relied upon by the department.

(4) The department will also notify the sheriff or chief law enforcement officer of the applicant’s county of residence when the department denies an application.

(5) If a person is denied a handgun carry permit and the time for filing a petition in general sessions court pursuant to Rule 1340-2-4-.18 has expired, such person will be required to reapply under Rule 1340-2-4-.05 and pay the prescribed application fee.

(6) The department shall not deny a permit application if:
(a) The existence of any arrest or other records concerning the applicant for any indictment, charge, or warrant have been judicially or administratively expunged; or
(B.) The applicant’s conviction has been set aside by a court of competent jurisdiction; or
(c) The applicant, who was rendered infamous or deprived of the rights of citizenship by judgment of any state or federal court, has had his or her full rights of citizenship duly restored pursuant to procedures set forth within Title 40, Chapter 29, or other federal or state laws.

1. This provision shall not apply to any person who had been convicted of burglary, any felony offense involving violence, or use of a firearm, or any felony drug offense involving a Schedule I, II, III, IV, or V controlled substance.

2. If the applicant has been convicted of a felony drug offense involving a Schedule VI controlled substance, the provisions of this rule shall not apply if such offense occurred within ten (10) years of the date of application or renewal.
(7) To seek review of the departmental action of a denial of a handgun carry permit, the applicant must seek judicial review pursuant to Rule 1340-2-4-.19.

[Fourtyfive]

So .....

[chances R]

So............(3) If the department denies an application, the department shall notify the applicant in writing within ten (10) days of such denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records and/or inquiries reviewed or relied upon by the department

 

 

SYG.......did the letter not tell you why, as required?

[RED333]

Why do new guys come and ask a question like this and not give "ALL" the info.

:popcorn:

[TMF]

Why do new guys come and ask a question like this and not give "ALL" the info.
:popcorn:

Does anyone know how to clean bloodstains at the DNA level and where to get lye in bulk? No reason, just asking.


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[QuietDan]

1340-2-4-.07 DENIAL OF HANDGUN CARRY PERMIT.
(1) The department shall deny a handgun carry permit application if it determines from information contained in the criminal history record checks conducted by the Tennessee and Federal Bureaus of Investigation, or from other information that comes to the attention of the department, that the applicant does not meet the eligibility requirements of T.C.A. §39-17-1351 and Rule 1340-2-4-.03. It shall be the responsibility of the applicant to furnish sufficient proof to the department that such applicant meets all eligibility requirements.

(2) Where a permit has not been issued and in cases where the criminal histories do not contain dispositions of charges, the department will notify the applicant of the charge. The applicant will have ninety (90) days to furnish information sufficient to the department as to the disposition of the charge.
(a) If the applicant does not provide the department with information as to the disposition of the charge within ninety (90) days, the department shall deny the permit pursuant to paragraph (1).
(B.) If the applicant does not provide the department with information as to the disposition of the charge within ninety (90) days, the applicant will be required to meet the application requirements pursuant to Rule 1340-2-4-.05 and pay the prescribed application fee.

(3) If the department denies an application, the department shall notify the applicant in writing within ten (10) days of such denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records and/or inquiries reviewed or relied upon by the department.

(4) The department will also notify the sheriff or chief law enforcement officer of the applicant’s county of residence when the department denies an application.

(5) If a person is denied a handgun carry permit and the time for filing a petition in general sessions court pursuant to Rule 1340-2-4-.18 has expired, such person will be required to reapply under Rule 1340-2-4-.05 and pay the prescribed application fee.

(6) The department shall not deny a permit application if:
(a) The existence of any arrest or other records concerning the applicant for any indictment, charge, or warrant have been judicially or administratively expunged; or
(B.) The applicant’s conviction has been set aside by a court of competent jurisdiction; or
(c) The applicant, who was rendered infamous or deprived of the rights of citizenship by judgment of any state or federal court, has had his or her full rights of citizenship duly restored pursuant to procedures set forth within Title 40, Chapter 29, or other federal or state laws.

1. This provision shall not apply to any person who had been convicted of burglary, any felony offense involving violence, or use of a firearm, or any felony drug offense involving a Schedule I, II, III, IV, or V controlled substance.

2. If the applicant has been convicted of a felony drug offense involving a Schedule VI controlled substance, the provisions of this rule shall not apply if such offense occurred within ten (10) years of the date of application or renewal.
(7) To seek review of the departmental action of a denial of a handgun carry permit, the applicant must seek judicial review pursuant to Rule 1340-2-4-.19.

 

Thanks for posting this. Hadn't read it in a while. Never was quite sure of what's what on the Controlled Substances Act and Schedule I, II, III, IV and V. So, looked it up:

 

http://en.wikipedia.org/wiki/Controlled_Substances_Act#Schedule_I_controlled_substances

 

It lists a lot of the drugs in each schedule. . . . 

 

Not that this has anything to do with that.

[TripleDigitRide]

Why were you denied? Some reasons for denial may be worth appealing, and others would be a complete waste of time.

[JayC]

I'm curious how he is passing is POST mandated background check and not passing the HCP check?

[Grunt67]

Me thinks the post doesn't pass the sniff test.

[Chucktshoes]

[quote name="TMF" post="1185260" timestamp="1409582883"]Does anyone know how to clean bloodstains at the DNA level and where to get lye in bulk? No reason, just asking. Sent from my iPhone using Tapatalk[/quote] You can get the lye here. [URL]http://www.bulkapothecary.com/raw-ingredients/other-ingredients-and-chemicals/sodium-hydroxide-lye/[/URL] As far as the other question, it depends on what you want to clean it out of. Or so I have been told.

[xjsnake]

Does anyone know how to clean bloodstains at the DNA level and where to get lye in bulk? No reason, just asking.


Sent from my iPhone using Tapatalk

 

Yes, yes I do...

[jtmaze]

I did have an acquaintance of mine apply and get "the letter" and he had an assault charge when he was a teen that he had to provide court documents that it was not domestic assault. After that he got permit in the mail. JTM Sent from my iPhone using Tapatalk

[NextExit]

Why do new guys come and ask a question like this and not give "ALL" the info.
:popcorn:

New guy? I guess.... his join date is over 2 years ago (Feb 2012) and this is his first post....

[Guest setyourgoals515]

Well, I'm waiting to get the letter from my old house I lived at. I moved to another city during the wait and I'm waiting on an old roommate to get it to me. I'll ask him to send me photos of all paperwork that came with it in hopes to find out what I was denied for.

[Oh Shoot]

Well, I'm waiting to get the letter from my old house I lived at. I moved to another city during the wait and I'm waiting on an old roommate to get it to me. I'll ask him to send me photos of all paperwork that came with it in hopes to find out what I was denied for.

 

Hell, that could be the reason. Permit holders have to notify TNDOS when their address changes, maybe background check found you don't live there anymore or something and the mismatch kicked it out. Did you notify of change of address on DL?

 

- OS

[Guest setyourgoals515]

Hell, that could be the reason. Permit holders have to notify TNDOS when their address changes, maybe background check found you don't live there anymore or something and the mismatch kicked it out. Did you notify of change of address on DL?

 

- OS

I did as soon as I moved.

 

I have the letter now and this is what it says,

 

Pursuant to T.C.A. 39-17-1351, your application for a Handgun Carry Permit has been denied. A previous notice was mailed informing you of further requirements to process your application. This denial is a result of your failure to respond to the previous notice.

 

You have thirty (30) days from the date of this notice to petition the General Sessions Court in your county of residence for judicial review of this department's denial/suspension/revocation of a handgun permit. At any such review by the General Sessions Court, the District Attorney General will represent the Department of Safety.

 

 

So now I know why I was denied but the crappy part is when I asked my old roommate about the previous notice, they had no recolection of getting one...

So now I'm up shit creek without a paddle. Should I go to the General Sessions Court in my current city or the city I lived in where I received the letter?

[Guest setyourgoals515]

Me thinks the post doesn't pass the sniff test.

 

Sorry about not responding sooner and I agree with you. I was prior military law enforcement and never got in trouble with the law more than getting a speeding ticket. I've done well to keep my nose clean and not get in any trouble which is why I'm so perplexed as to why I was denied...

[Oh Shoot]

Doubt if Sessions would have a clue. I'd start by calling TNDOS handgun permit division and tell 'em what's up, see what they tell you. See if you can get to the cheese there, Lisa Knight. (615) 251-8590

 

These are usually because of some previous charge that doesn't show a proper disposition, can be quite minor one, can even be from a charge that was dropped but doesn't show it officially, etc,   but you say there are none at all, so no idea, could simply be a mistake on form or class certificate or prints didn't make the trip, who knows.

 

Check didn't bounce did it? ;)

 

- OS

Edited September 2, 2014 by Oh Shoot

[Guest setyourgoals515]

Doubt if Sessions would have a clue. I'd start by calling TNDOS handgun permit division and tell 'em what's up, see what they tell you. See if you can get to the cheese there, Lisa Knight. (615) 251-8590

 

These are usually because of some previous charge that doesn't show a proper disposition, can be quite minor one, can even be from a charge that was dropped but doesn't show it officially, etc,   but you say there are none at all, so no idea, could simply be a mistake on form or class certificate or prints didn't make the trip, who knows.

 

Check didn't bounce did it? ;)

 

- OS

 

I didn't write a check. I paid in cash or card (I can't remember). Thank you for posting the number for Lisa Knight. That was pretty much what I was trying to figure out with all of this. I appreciate the help.

[TMF]

Haha, glad to see we didn't chase you off. Good luck squaring this away.


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[Guest setyourgoals515]

Haha, glad to see we didn't chase you off. Good luck squaring this away.


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Haha thanks. I know there were some people that were trying to call me out and call BS but I was just trying to figure things out myself.

I'll update with the results as soon as I can.

[RED333]

Why do new guys come and ask a question like this and not give "ALL" the info.

:popcorn:

There a few that come in and ask the very question you asked, we ask for more details and find out some bad things "might" have been

done in their past. So when you asked with just one post, the flags started to go up.

Glad you are getting things worked, and welcome to the forum.

[Guest setyourgoals515]

There a few that come in and ask the very question you asked, we ask for more details and find out some bad things "might" have been

done in their past. So when you asked with just one post, the flags started to go up.

Glad you are getting things worked, and welcome to the forum.

 

I realize that I didn't paint a very clear picture in the beginning of this thread. I literraly had no idea what to do and posted the information to the story as I got the information myself.

I did call up the Handgun Unit to talk to them about what is going on but the lady I needed to specifically speak to didn't answer. I left a message with my contact info and I'm gonna call again after some time has passed.