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Thread: the mrs.

  1. #1
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    the mrs.

    can anyone chime in with an answer here? my woman has a misdermeaner vandelism with a criminal diversion (a non violent charge). does anyone know if that wil exclude her from obtaining a hcp?

  2. #2
    Regular Member DamonK's Avatar
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    Re: the mrs.

    By washington law she would be fine. Go ahead and try it, the worst they can say is no, but she should be ok.

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  3. #3
    Regular Member Fallguy's Avatar
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    I am not a lawyer, but from my understanding of the law she shouldn't have any problem. The only misdemeanors I know of that can prevent you from getting a HCP are for domestic violence, certain drug offenses and multiple DUIs.

    If she is still on diversion, I'm not sure how that might work though.
    Last edited by Fallguy; 03-05-2013 at 01:52 PM.
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    I'm curious if you mean pretrial diversion. Once she completes it the charge is technically dismissed. I don't see any issues with her getting a HCP. Hopefully the county enters the disposition correctly and sends it on to TBI. When I worked in the Records/ID Unit for TBI there were a ton of people who had an arrest charge but no follow up disposition. If only the arrest charge shows up on the records, they likely won't issue the permit until they know the disposition (outcome).

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by SgtScott31
    If only the arrest charge shows up on the records, they likely won't issue the permit until they know the disposition (outcome).
    Does it matter what the charge is? Obviously if it's a felony, or a disqualifying misdemeaner, it'd make sense to withhold the carry license.
    But for anything else, why would it matter?
    Does TN have a morals clause, which prohibits people convicted of a variety of crimes involving "moral turpitude" from getting a license (a la Utah)?
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  6. #6
    Regular Member DamonK's Avatar
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    Re: the mrs.

    Quote Originally Posted by MKEgal View Post
    Does it matter what the charge is? Obviously if it's a felony, or a disqualifying misdemeaner, it'd make sense to withhold the carry license.
    But for anything else, why would it matter?
    Does TN have a morals clause, which prohibits people convicted of a variety of crimes involving "moral turpitude" from getting a license (a la Utah)?
    He's saying that if just the charge is on the record, but not any conviction(big difference) then she's good to go. Only a conviction counts, not a charge.

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  7. #7
    Regular Member Fallguy's Avatar
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    Quote Originally Posted by MKEgal View Post
    Does it matter what the charge is? Obviously if it's a felony, or a disqualifying misdemeaner, it'd make sense to withhold the carry license.
    But for anything else, why would it matter?
    Does TN have a morals clause, which prohibits people convicted of a variety of crimes involving "moral turpitude" from getting a license (a la Utah)?
    No, there is no moral turpitude clause in the law. It's just they want a disposition (outcome) on any arrest/charge that shows up on a background check, regardless of what it may be.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

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    If you read a printout of a TN criminal history it might be a little more clear. It only records the date of the charge. If you're lucky it may spell out felony or misdemeanor. There's a possibility that if it's not a disqualifying misdemeanor (like domestic violence) they may still issue the permit even without the disposition from the court. but I wouldn't hold my breath.

    It depends on TICS (TN Instant Check, who's responsible for gun approval). If there's a possibility the charge could be either a misdemeanor or felony or if it's not indicated, they're going to want the disposition.
    Our theft & vandalism charges are misdemeanors in TN until they reach $500. Over $500 it's a felony, so if the charge only says "theft" or "vandalism" without a dollar amount, count on having to get court info to the Dept of Safety for your permit. Hope that makes better sense.

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