scared to apply

[Guest elvenmaiden016]

Before I went and took the class for CC. I called the TN Department of Safety and Homeland Security office. They told me that if you have ONLY 1 DUI...it doesn't matter hold old it is. That you still get your permit. After reading some of the comments on this site...I am now scared to apply for my permit. :(  I have 1 DUI on my record...and It is about 4 years old(or will be in july or august). Not sure what I should do....call them back and double check? or what? I was born in the 60's And was told by my instructor that they will not take my birth certificate because it is black(never heard of that one before!). I have already spent the $40 the have Vital Records the send me one by over night mail. I don't want to be out of any more money than I have to be :)

[bersaguy]

My son has one DUI on his driving record from back in 2001 and he didn't have any problems at all getting his HCP after attending and passing the class...............my. :2cents:

[Clod Stomper]

Not sure about the DUI. After a certain amount of time it will not affect your permit.

But the birth certificate thing is just silly. My BC has a black background, as I'm sure many others do as well. I had no problem getting my permit. Of course that was back in the '90s.

[Guest elvenmaiden016]

My Dui was in 2011 I think...it might have been 2010. But...Iike I said...I called the TN department of Safety and Homeland Security before I even took the class for CC. And was told that if I ONLY had 1 DUI it didn't matter how old it was, it would be ok. I'm just scared to death that I was lied to after what I have read on this site :(

[Wingshooter]

I guess the only way to know if you will be approved is to apply

[Guest elvenmaiden016]

This would be true LOL But why would they tell me that, if it's not the truth?  What is it with the birth certificate thing?

[Grand Torino]

I was born in 1949 and they didn't have any problem with my rinky dink certificate......just sayin'.

[Wingshooter]

From the TN.gov website: https://www.tn.gov/safety/handgun/qualifications.shtml

Qualifications That Must Be Met Before Applying for a Tennessee Handgun Carry Permit
Effective July 1, 2005, all handgun permit applicants seeking a new permit must provide proof of U.S. Citizenship or Lawful Permanent Residency.
Effective July 1, 2005, Tennessee handgun carry permit law will now allow certain applicants already exempt from complying with firing range provisions of the current statute to also be exempt from any classroom requirements. Those current exceptions are applicants who prove to the department that within five (5) years from the date of application for handgun permit, the applicant has:
Been certified by the police officer's standards and training commission, or
successfully completed training at the law enforcement training academy; or
successfully completed the firearms training course required for armed security guards; or
successfully completed all handgun training of not less than four (4) hours as required by any branch of the military.
Applicants are required to be a resident of the State of Tennessee;
Be at least twenty-one (21) years of age;
Applicants shall not have been convicted of any felony offense punishable for a term exceeding one (1) year;
Applicants shall not currently be under indictment or information for any criminal offense punishable by a term exceeding one (1) year;
Shall not be currently the subject of any order of protection;
Shall not be a fugitive from justice;
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;
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.
Shall not have been adjudicated as mental defective; has not been committed to or hospitalized in a mental institution; has not had a court appoint a conservator for the applicant by reason of a mental defect; has not been judicially determined to be disabled by reason of a mental illness, development disability or other mental incapacity; and has not, within seven (7) years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm, as defined in Title 33, Chapter 6, Part 5, because of mental illness;
Shall not be an alien illegally or unlawfully in the United States;
Shall not have been discharged from the Armed Forces under dishonorable conditions (dishonorable discharge, bad conduct discharge or a dismissal; Chapter 1340-2-4-.02 (5);
Having been a citizen of the United States, applicants shall not have renounced their citizenship;
Shall not have been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C.A. 921 (33);
Shall not be receiving social security disability benefits by reason of alcohol dependence, drug dependence or mental disability;
Shall not have been convicted of the offense of stalking;
Requirements
Requirements for Obtaining a Tennessee Handgun Carry Permit Edited March 29, 2015 by Wingshooter

[Wingshooter]

This would be true LOL But why would they tell me that, if it's not the truth?  What is it with the birth certificate thing?

Is your "black" certificate a photocopy?

Here is what TN.gov says about proof of citizenship: https://www.tn.gov/safety/driverlicense/dlcitizen.shtml


Proof of U.S. Citizenship/Lawful Permanent Residency
PLEASE NOTE: All documents are subject to further verification with the issuing agency or source. Documents subject to verification may delay the issuance of your permit, driver license, identification only license, temporary driver license or temporary identification license.
No photocopies will be accepted!

Acceptable Documents for U.S. Citizenship
Official Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Swain's Island, Guam)
IMPORTANT: Puerto Rican birth certificates issued before July 1, 2010 will not be recognized as proof of Lawful U.S. Citizenship beginning November 1, 2010.
The government of Puerto Rico has provided information for citizens to apply for new birth certificates.
U.S. Government-issued Certified Birth Certificate
U.S. Certificate of Birth Abroad (DS-1350 or FS-545)
Report of Birth Abroad of a Citizen of the U.S. (FS-240)
Valid, unexpired U.S. Passport
Certificate of Citizenship (N560 or N561)
Certificate of Naturalization (N550, N570 or N578)
U.S. Citizen Identification Card (I-197, I-179)

[Guest elvenmaiden016]

That's the way I read it. But most people on here are NOT reading it that way! They are saying that 1 dui under 5 years ago disqualifies you. And I have found NO information on the birth certificate being black. I HAVE called the TN Department of Safety and Homeland Security. They are telling me that 1 Dui is ok. No matter how old it is. (i.e. It can be a year old)

[Guest elvenmaiden016]

No. my birth certificate is the original certified copy

[bersaguy]

Ok, just talked with my son and found out that his lawyer was able to get his charge changed from DUI to reckless driving. I didn't know that until just now and don't want to mislead you so wanted to post this right away. Sorry for my first post as I didn't know all the facts on his case............. :ugh: :ugh:

[Guest elvenmaiden016]

It's ok :)

[Raoul]

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.

[Guest elvenmaiden016]

Raoul, The person I spoke to at the TN Department of Safety and Homeland Security told me that if there is ONLY 1 DUI offence on record. That it did not matter how old the offence was. Just as long as there isn't 2 DUI's in a 10 year period. And that I should be approved. That was before I took the class. My Dui was in 2011(I think). My concern is that most people are not reading it that way! (in other words...why would the person at the office lie to me). I don't want to spent out the money for no reason. Should I call again and double check before I apply?

[Wingshooter]

Raoul, The person I spoke to at the TN Department of Safety and Homeland Security told me that if there is ONLY 1 DUI offence on record. That it did not matter how old the offence was. Just as long as there isn't 2 DUI's in a 10 year period. And that I should be approved. That was before I took the class. My Dui was in 2011(I think). My concern is that most people are not reading it that way! (in other words...why would the person at the office lie to me). I don't want to spent out the money for no reason. Should I call again and double check before I apply?

I would find the exact date so you know for sure when 5 years has passed. Should be able to get that info pretty easy and quickly from the state where it occurred. You may be closer than you think to 5 years.

It appears from the letter of the law that you can't have any within the past 5 years, but it could be that the person processing them interprets it differently :shrug:

If your birth certificate is original and valid, I wouldn't worry about what color it is. Do you have a passport?

[Guest elvenmaiden016]

Got convicted 8/10/11.  The word 'and' is a conjuctive word. Which means it can be interpreted to mean that I can have 1 Dui within a 5 year period but not 2 within 10. I guess I will call them again on Monday. And no I don't have a passport LOL :)

[Raoul]

Got convicted 8/10/11.  The word 'and' is a conjuctive word. Which means it can be interpreted to mean that I can have 1 Dui within a 5 year period but not 2 within 10. I guess I will call them again on Monday. And no I don't have a passport LOL :)

Yeah it does seem, after a couple of more reading, that the inference is for the 2 within 10 and not a single offense.

[Guest elvenmaiden016]

That was the First time I drank in my life and Will be the LAST (divorce related). I was raised around fire arms and have been shooting all my life :) Thank you for your help :)

[Raoul]

Not sure we were much help. Divorce will make one do some not too bright things. Best of luck.

[Guest elvenmaiden016]

Yes it can! lol Thank you:)

[Fallguy]

The people who issue the permit are correct, if you only have one DUI it could be yesterday and it wouldn't disqualify you. It's only if you have had two DUIs within 10 years of applying AND one of those has been within the last 5 years.

"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."

[Guest elvenmaiden016]

Thank you Fallguy :)

[Oh Shoot]

... if you only have one DUI it could be yesterday and it wouldn't disqualify you....

 

I've always wondered if there isn't quite the loophole therein?

 

Meaning, if you have an HCP and are convicted of DUI, it will be suspended for the duration of the sentence/probation. But if you don't have HCP, you can apply even while serving the sentence and get one?

 

FallGuy has it right, both conditions must be met to be denied - 2 or more DUI within 10 years of application and at least one of them in last 5 years.

 

- OS

Edited March 29, 2015 by Oh Shoot

[Fallguy]

Good point on the "loophole" OS