DUI and Carry

[Guest TheLoneG]

The law of requirements are hard to follow. Written in lawyer language. I know this is a topic for discussion.

 

 

Unfortunately when I was younger made a couple of mistakes, I got my first DUI in 2006 and a second in 2008. Would I be eligible to get a carry permit? Also as part of my plea bargain I decided to go to a rehabilitaion center for the last 28 days of my 45 day sentence. I was released in february of 2009. How does all of this play along?

Edited October 24, 2014 by TheLoneG

[bvarnell]

I "believe" the 2nd one makes you ineligible for 10 yrs.
The 1st one prohibits HCP for 5 yrs.

[monkeylizard]

The law (TN Code 39-17-1351) says:

 

 That 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 the application and that none of the convictions has occurred within five (5) years from the date of application or renewal

 

That means exactly what it says. You will be eligible in 2016 after the anniversay of your 1st DUI because until you cross the 2016 date, you have 2 within the past 10 years. Your second will be more than 5 years old at that time so you'll be OK on that part.

Edited October 24, 2014 by monkeylizard

[Oh Shoot]

The law (TN Code 39-17-1351) says:

 

 

That means exactly what it says. You will be eligible in 2016 after the anniversay of your 1st DUI because until you cross the 2016 date, you have 2 within the past 10 years. Your second will be more than 5 years old at that time so you'll be OK on that part.

 

If you only have one DUI in last 10 years, doesn't matter when it occurred (after the first year anyway). Both conditions have to met to be denied. The "and" between the clauses is important.

 

You can get an HCP with a single DUI any time after you are no longer serving sentence for it as Class A misdemeanor, which I believes counts the year's probation that is usually part of the normal conviction.

 

You can also get HCP with two DUI convictions in last 10 years if both are over 5 years old. Which is to say, if OP's last conviction is now for sure over 5 years from date of application, he can get his HCP now.

 

For doubters,  here's feller not long ago in same situation:

 

http://www.tngunowners.com/forums/topic/59670-ccw-questions/

 

- OS

Edited October 24, 2014 by Oh Shoot

[mikegideon]

If you only have one DUI in last 10 years, doesn't matter when it occurred (after the first year anyway). Both conditions have to met to be denied. The "and" between the clauses is important.

 

You can get an HCP with a single DUI any time after you are no longer serving sentence for it as Class A misdemeanor, which I believes counts the year's probation that is usually part of the normal conviction.

 

You can also get HCP with two DUI convictions if both are over 5 years old. Which is to say, if OP's last conviction is now for sure over 5 years from date of application, he can get his HCP now.

 

For doubters,  here's feller not long ago in same situation:

 

http://www.tngunowners.com/forums/topic/59670-ccw-questions/

 

- OS

 

Gonna start calling you Oh Shoot Esq. :)

[JayC]

I'm curious what impact the rehabilitaion center could play...  I'm guessing that since it was part of a sentence it likely was court ordered...  I suspect that could cause more snags than the DUI's themselves at this point.

[2.ooohhh]

• "Shall not be an unlawful user of or addicted to alcohol or any controlled substance and the applicant has not been a patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction within ten (10) years from the date of application;"

 

DUIs are the least of your worries ATM, inpatient rehab is your biggest concern. Sorry but it looks like it will be February 2019 until you can obtain a permit legally.

[monkeylizard]

I toally missed the rehab part that 2.ooohhh pinged on. That could certainly change things out to 2019.

Edited October 28, 2014 by monkeylizard

[monkeylizard]

If you only have one DUI in last 10 years, doesn't matter when it occurred (after the first year anyway). Both conditions have to met to be denied. The "and" between the clauses is important.

 

 

You're right as usual. :)

 

I was reading the statute backwards as reasons that do not allow an HCP rather than reasons that allow an HCP. Oops.

[Oh Shoot]

I toally missed the rehab part that 2.ooohhh pinged on. That could certainly change things out to 2019.

 

Admittedly, so did I. That is a separate wrinkle for sure. I can't remember but I assume it is indeed a separate question on the application, just like on a 4473.

 

OP, if you're still around, you should probably just try to get in touch with Lisa Knight, head of permit division, and try to nail that down before spending any bucks on a course, apologies for missing that detail.

 

- OS