Clarksville, TN asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Tennessee

Q: can The state legally request more documents

I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the conviction does not apply to any disqualifying crimes covered under the states laws that would prohibit me from obtaining a handgun or permit. I have legally bought weapons in the state several times and never had these issues. I even have a federal secret security clearance and 12 years active duty service as an officer in the Army. Is this a legal request? Is this not a violation of my 2nd and 5th amendment rights?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily have a firearms disability, and this also applies to bad background checks in buying firearms from FFL's.

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