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Thread: carry problem in tennessee

  1. #1
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    I've had a carry permit in Tennessee for many years and other than the occasional security guard who tells me to get out of a store I haven't had much problem with open carry.

    I was sold some non-functioning merchandise and to sue the guy who sold it to me I had to find his address. As always I open carried and found his business address. The woman inside took pictures of me with a gun on my belt. Two days later, one day after I filed the lawsuit, she went down to night court and petitioned for an ex parte order of protection mostly based on those pictures but some lies were thrown in as well. Immediately that order revoked my HCP acccording to code. I went to court in front of a real judge where she showed the pics and it was dismissed. One day laterthe Dept. of Safety sent me a letter saying I had to turn in my permit to carry within ten days. I have the option of petitioning the court to get the permit back which I will do. It will cost $104.50 court costs, plus maybe a lawyer, the code isn't really all that clear on reinstatements. I'm pretty sure I'll get it back not 100% though.

    I have been thinking about it is open carry really worth it? I did nothing illegal but have been punished severly IMO.










  2. #2
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    IANAL...but, it looks like the order of dismissal should be enough to get your HCP back. In most states, the restraining order would have to be issued against you for you to lose your HCP.....in this case, it appears that it was NOT issued....therefor no reason for revocation....just my .02


  3. #3
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    The ex parteorder of protection was issued by a magistrate and in full effect, but only until a real judge heard the case where I was present to defend myself. At that point the order was dismissed. There is no provision that I have seen in Tennessee code annotated that makes them give me back my permit for this type of revocation. There is an appeal process which is costly and time consuming where the DA represents the State against me.

  4. #4
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    It appears the first step is simply asking for a review by the Department of Safety

    39-17-1353 Review of revocation or suspension.

    It only goes to court if you still disagree with decision of the review.

    39-17-1354 Judicial review of department determination.

    IMO a lawyer really wouldn't be necessary at the hearing, you should be able to simply show the the order of dismissal and the be the end of it.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    Fallguy wrote:
    It appears the first step is simply asking for a review by the Department of Safety

    39-17-1353 Review of revocation or suspension.

    It only goes to court if you still disagree with decision of the review.

    39-17-1354 Judicial review of department determination.

    IMO a lawyer really wouldn't be necessary at the hearing, you should be able to simply show the the order of dismissal and the be the end of it.
    39-17-1353(d) says, "The sole issue at the hearing shall be whether by a preponderance of the evidence the person has violated any provision of §§ 39-17-1351 — 39-17-1360. If the presiding hearing officer finds the affirmative of this issue, the suspension or revocation order shall be sustained. If the presiding hearing officer finds the negative of this issue, the suspension or revocation order shall be rescinded."



    I did violate a provision of 39-17-1351. An order of protection was taken out against me. Since that is the sole issue it appears as if I would lose automatically.

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    Regular Member Fallguy's Avatar
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    kwikrnu wrote:
    I did violate a provision of 39-17-1351. An order of protection was taken out against me. Since that is the sole issue it appears as if I would lose automatically.
    Well yes, but it has since been taken care of once you got to explain your side.

    But either way I think you must have a departmental hearing before you can have a judicial review.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  7. #7
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    What I was thinking is that they sent me the papers to petition a judicial review. I think the departmental review must already of happened...

  8. #8
    Regular Member Fallguy's Avatar
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    If this form that is on the state's website is the same they sent you, I admit it looks like the form to use for a judicial review. But it also looks like the only form available. Another funny thing about it is, the code says you have to petition the "chancery" court, but everything on that form says "general sessions" court. :?

    But I don't think there has been a departmental review of the original revocation. Because you have to request that and then be notified at least 10 days prior to the hearing and then be their to present your side.

    Hopefully if/when you contact the state they can tell you what to do and you can get it all worked out without too much more trouble and expense.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  9. #9
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    After a few weeks of calling every other day they reinstated my permit. Since I had to turn in the old one I have to wait until they send me a duplicate in the mail.



  10. #10
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    kwikrnu wrote:
    After a few weeks of calling every other day they reinstated my permit. Since I had to turn in the old one I have to wait until they send me a duplicate in the mail.

    Persistence pays.

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