Q: TN code 39-17-305 is disorderly conduct, why does this charge prevent me from purchasing firearms?
TBI has told me it is a domestic violence charge. And that I cannot have it expunged even though I have an up to date list of excluded charges for expungement. It is nowhere on there. Hawkins county DA gave me the run around, and the US DA asked why I came to them it is a claim towards my county (Hawkins) TBI also has told me I cannot have it expunged.
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A: I do not know your exact situation, but I have some advice. Hire a competent attorney to first get certified copies of any and all criminal convictions that you have. Also any charges which were brought but did not become convictions need to be examined, as they are just as bad for background check purposes. What can be expunged needs to be expunged. What cannot needs to be examined as to whether it is actually a firearm disability. Just because someone cannot pass an instant background check does not mean you have a firearm disability per se. That is sometimes you can possess arms and ammunition, but still not pass the check. Be prepared to spend money and some time. It appears that you were probably not careful how you dealt with some charge in the past, and it has come back to hurt you. If you have a permanent problem, now is the time to find out for sure, because I do not think you paid enough attention earlier.
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