FYI... NEW ATTORNEY GENERAL OPINION AS OF 6/3/09 ABOUT CARRY PERMIT RENEWAL 09-106

S T A T E O F T E N N E S S E E

OFFICE OF THE

ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202

June 3, 2009
Opinion No. 09-106
Information Required for the Renewal of a Handgun Carry Permit

QUESTION

Is a person applying for the renewal of a handgun carry permit required to provide any
information or documentation in addition to that required by Tenn. Code Ann. § 39-17-
1351(q)(1)?

OPINION

No. Under Tenn. Code Ann. § 39-17-1351(q)(1), a person who applies for a renewal of a
handgun carry permit is only required to complete a renewal application on a form supplied by
the Department of Safety, pay a renewal fee of fifty dollars ($50.00) and certify that the
applicant is still eligible to hold a handgun carry permit. The statute does not require an
applicant to provide any additional documentation or information.

ANALYSIS

Tenn. Code Ann. § 39-17-1351(q)(1) sets forth the requirements for the renewal of a
handgun carry permit. It provides, in pertinent part:
Prior to the expiration of the permit, a permit holder may apply to the department
for the renewal of the permit by submitting, under oath, a renewal application
with a renewal fee of fifty dollars ($50.00). The renewal application shall be on a
standard form developed by the department of safety and shall require the
applicant to disclose, under oath, the information concerning the applicant as set
forth in subsection (c), and shall require the applicant to certify that the applicant
still satisfies all the eligibility requirements of this section for the issuance of the
permit.
Tenn. Code Ann. § 39-17-1351(q)(1).
The primary objective of statutory construction is to ascertain and give effect to the
intention of the legislature.

Auto Credit of Nashville v. Wimmer, 231 S.W.3d 896 (Tenn. 2007).
If a statute is clear and unambiguous, courts will find the intent in the plain and ordinary
meaning of its language. Brown v. Erachem Comilog, Inc., 231 S.W.3d 918 (Tenn. 2007).
Under rules of statutory construction, the express mention of one subject in a statute means the
exclusion of subjects that are not mentioned. State v. Edmondson, 231 S.W.3d 925 (Tenn. 2007).
Tenn. Code Ann. § 39-17-1351(q)(1) clearly and unambiguously sets forth the
requirements for renewal of a handgun carry permit. Such requirements are completion of a
renewal form supplied by the Department of Safety, signing a certification that the applicant is
still eligible to hold a handgun carry permit and paying the fifty dollar ($50.00) renewal fee. If
the legislature had intended to require any additional documentation, it would have so stated in
the express language of the statute.
ROBERT E. COOPER, JR.
Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
WILLIAM R. LUNDY, JR.
Assistant Attorney General
Requested by:
The Honorable Doug Jackson
State Senator
302 War Memorial Building

Nashville, TN 37243

Yep...saw that earlier.

Added it and 09-99 to Reference material for some basic questions.

Can't help but to wonder what was behind asking for the opinion....

Originally Posted by Fallguy

Yep...saw that earlier.

Added it and 09-99 to Reference material for some basic questions.

Can't help but to wonder what was behind asking for the opinion....

Probably the fact that they're now wanting - or were until this - a certified copy of a birth certificate or other proof of residence when you renew.
( Just got my notice a couple of weeks ago. It's more than a month early. )

I wonder if they'll be sending me something else in the mail now, to say "never mind, just send us your money".

Fallguy,

Might be due to the new requirement you show a birth certificate at renewal.

Jamie,

If your permit expires in a month, you need to send in your renewal. Mine expired over 3 weeks ago, and I did my renewal in Feb (bout 3 months early). I am still waiting.

Originally Posted by SomeGuy

Jamie,

If your permit expires in a month, you need to send in your renewal. Mine expired over 3 weeks ago, and I did my renewal in Feb (bout 3 months early). I am still waiting.

Yeah, I know... I'll get there.

Worst come to worst, I'll go down to the DL office to renew it, and will have the receipt to show it's valid.

No big deal one way or the other.

It took me 4 months to get my renewal back. For many years I just went down and would see a friend and get it done, back in a week. But NOOO... this time I had to stop by the DLTS Because I was driving by it in Gallitan and get it renewed... I'll never do that again.

Sounds like when you get your first permit. Did you guys try calling them before it arrived? U think TDOS is sitting on them?

Pale,

Supposedly there is a very large influx of new applicants, and has been every month for something like a year now. When I first applied four years ago I had my permit in around 37 days. Now waiting over 120 is standard.

Even though it annoys me, I see the good in our movement. Long-run, having more people involved even a bit helps. Some of these new HCP holders will become politically involved, some will get shafted legally and get VERY involved. It sucks for now, but I see future help for our fight for removal of the infringements on our liberties.

Can't remember where it came from, but a couple of years ago before I renewed my carry permit, it was suggested that you start the renewal process six months early to avoid delays. Sounded good then, got mine in two weeks.

Originally Posted by Rogomay

...it was suggested that you start the renewal process six months early to avoid delays. Sounded good then, got mine in two weeks.

I suppose you can renew that early if you want, but really, there's no need, so long as you renew it before it expires.

From www.tennessee.gov/safety/handgun/renewals:

Permit Holders whose permit has not expired and are renewing their permit, may legally carry their handgun with the receipt provided from their application. Permit Holders whose permit have expired and are renewing their permit, cannot lawfully carry a handgun until they receive their new permit.

Of course, if you let it expire you're screwed, and can't legally carry 'til they send you a new one, however long that may take.

P.S. I notice there's no longer any mention of birth certificates or other extra forms of I.D. on the state's page now.