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ohnoitskamryn

Legal question - carry permit

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Hello everybody, new to the forum so I apologize if this is the wrong place for it. 

I've decided it is time to have more than just home protection and my wife and I are going to get our carry permits. However, 10 years ago I was charged with class E felony theft (>500 <1000) because I sold a landscape trailer. Its a long story but basically my 15 acre property had an old beat up trailer on it that I used for months and ended up selling. Well turns out it was somebody else's and I took the fall for it. Anyway, I agreed to a judicial diversion and was able to complete a 1 year probation period and then had the record completely expunged. Now, I have run an FBI and TBI fingerprint check on myself before I got into nursing school and it all showed up clear after the expungement. I have since had no problems with my nursing school or anything else, and this was the only trouble I have ever been in. So my question is, am I eligible for a carry permit? Also, if not, am I still able to have a gun for home protection? 

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If it was TRULY expunged, you should have no issue.

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Have you submitted any 4473's for firearms purchases since your expungement?

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From your “judicial diversion” description, it sounds to me like your charges were dismissed; not expunged. That’s means you have never been convicted.

But you would have to ask a Tennessee attorney that.

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It was technically a conviction because I had to plea guilty. However, it is completely expunged. Do I have to disclose this on the application to carry?

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Also I have another question. My wife's handgun was purchased for her for christmas by her father, in the state of Georgia, and we live in TN. Is it legal to carry this gun for her and I? Her dad did fill out a transfer form and purchased this from a dealer. 

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33 minutes ago, ohnoitskamryn said:

It was technically a conviction because I had to plea guilty. However, it is completely expunged. Do I have to disclose this on the application to carry?

Since you didn’t get judicial diversion; you are a convicted felon unless you have a complete expungement that restores your rights.

24 minutes ago, ohnoitskamryn said:

Also I have another question. My wife's handgun was purchased for her for christmas by her father, in the state of Georgia, and we live in TN. Is it legal to carry this gun for her and I? Her dad did fill out a transfer form and purchased this from a dealer. 

This is answered in the other thread you started about it.

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46 minutes ago, ohnoitskamryn said:

It was technically a conviction because I had to plea guilty. However, it is completely expunged. Do I have to disclose this on the application to carry?

That sounds like a bog standard diversion to me. Do you have the paperwork from the final court date where you were shown to have completed the probation and the record was To be expunged?

I would go through the extra step of getting with the court where everything was handled and ensuring that all records were entered correctly and submitted to NICS. 
 

If you have all of that done, go buy a gun to ensure the BG check comes back clean, and if it doesn’t, you have the paperwork to submit to correct the records. Once you successfully buy the gun, then you should be able to clear the permit process. 
 

Now, I’m not a lawyer, so my advice is worth exactly what you paid for it. I’d highly recommend seeking out the services of one to help you navigate this process over accepting advice from strangers on the internet. 

Edited by Chucktshoes

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Yes, you're good. That charge was removed from record and is not held against you. As far as anyone is concerned you're clean. Go pick out whatever ya want from the store and grab it. They can see that you were charged if they really cared, but cannot hold it against you. That's what that is for. Your 1 free get out of jail free card. 

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Sounds to me you are good to go. I would go ahead and take the course with your wife without delay.  If you do get tripped up, you have a year from your course to complete the permit process.  As far as your wife’s gun, she may use any gun in the course and carry whatever she chooses as there is nothing that occurs that identifies the weapon or its origin.

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