Quick question about Purchase background check denial

[Guest tinman402]

Hello to start I am new here. I am a 39 year old single dad of 2 boys and we all love to shoot..

 

Background to the question:

 

I rarely ever go out but one of the last times I did, I got a DUI in October and at the time my glock 30s was in the car. It always stays in the car. I work 3rd shift in a shady part of Huntsville AL for that reason the gun typically never leaves the car unless being cleaned or at the range. I have a carry permit and know it can't be on my person if I have been drinking so it was not on me it was just in the car out of reach out of site out of mind.. They took the gun and also charged me with a Possession of a firearm while under the influence. 

 

The issue has not been resolved yet. My lawyer is working on it. I have never been in trouble before and I am not a drinker. Just had a few beers while playing in a pool tourney at a bar. Either way I was right at the legal limit ( I am a small guy but didn't feel impaired at all) so will see how this goes. Lawyer seems to feel confident the gun charge will be dropped and the dui dropped to wreckless driving or even if it is a dui conviction will be expunged from my record after a year with no more trouble... 

 

NOW the question:

 

Would this cause me to be denied on a background check on a gun purchase? it being a open case I have not been convicted so I wouldn't think so but wanted some input from more knowledgeable folks. I haven't been back to my lawyer yet so haven't asked him. I have never had an issue purchasing a gun before and was denied when I went to pick up a gun I had on layaway... I have filed the appeal but wondered if this open charge is the issue. 

 

Thank you in advance for any info..

Edited February 6, 2015 by tinman402

[Pain103]

It could since it doesn't yet have a disposition.

[Dolomite_supafly]

DUI is NOT a reason to be denied a gun purchase. Not sure about whether a DUI with a weapon can though.

 

A DUI can affect your HCP though.

[JayC]

It *shouldn't* under state law, but TICS will deny if there is any case without a disposition, whether or not that charge would prevent you from owning a firearm even if convicted.

 

Yet another reason to do away with TICS.

[Oh Shoot]

It *shouldn't* under state law, but TICS will deny if there is any case without a disposition, whether or not that charge would prevent you from owning a firearm even if convicted.

DUI is NOT a reason to be denied a gun purchase

 
Y'all missed this thread apparently, where eRay found that TICS is apparently denying gun purchases for a year after a DUI conviction.
 
http://www.tngunowners.com/forums/topic/84893-denial-of-handgun-purchase-because-of-invalid-dl-no/#entry1229698
 
http://www.tngunowners.com/forums/topic/84893-denial-of-handgun-purchase-because-of-invalid-dl-no/page-2#entry1230519
 
- OS

Edited February 6, 2015 by Oh Shoot

[Guest tinman402]

Thank you for the replies.. Oh Shoot that was super helpful I can do most of my research from there..

 

I see several issues in the way they deal with these situations. First there is no conviction you know the whole innocent till proven guilty thing does still apply so why would I be punished for a crime I may not have even committed. Second when does one of anything imply addiction or a pattern at all. I have no other arrest history. Me and my lawyer have some discussions to have, I just wanted to do my own research into things before I go into it. I also don't see the issue with the firearm being in the car seeing as how your car interior is now considered an extension of your home and you can have a gun in it without any special permit. So by the standard of taking my gun from my car simply because alcohol was involved does this mean they will do the same if you are at home. Say you have a 6 pack and fire off a firework or something that draws the LEO to your home. Will they be walking away with your guns because alcohol was involved?

 

I was not drunk.. I have not even been told a BAC level yet. Still I have not went out again since october. I have 2 boys to raise it is not worth the risk. Kicking myself in the rear pretty hard over this.. Just takes a momentary laps in judgement to cause a mess.. 

 

Again thanks for the info...

[Oh Shoot]

Thank you for the replies.. Oh Shoot that was super helpful I can do most of my research from there..

 

I see several issues in the way they deal with these situations. First there is no conviction you know the whole innocent till proven guilty thing does still apply so why would I be punished for a crime I may not have even committed. Second when does one of anything imply addiction or a pattern at all. I have no other arrest history. Me and my lawyer have some discussions to have, I just wanted to do my own research into things before I go into it. I also don't see the issue with the firearm being in the car seeing as how your car interior is now considered an extension of your home and you can have a gun in it without any special permit. So by the standard of taking my gun from my car simply because alcohol was involved does this mean they will do the same if you are at home. Say you have a 6 pack and fire off a firework or something that draws the LEO to your home. Will they be walking away with your guns because alcohol was involved?

 

I was not drunk.. I have not even been told a BAC level yet. Still I have not went out again since october. I have 2 boys to raise it is not worth the risk. Kicking myself in the rear pretty hard over this.. Just takes a momentary laps in judgement to cause a mess.. 

 

Again thanks for the info...

 

Not saying this is a completely consistent practice at this point, but a possible gotcha. The unresolved case thing seems pretty consistent though, regardless of what the charge was. My comment was mostly to Jay and Dolo as point of reference.

 

Of course, if convicted of DUI or possession while under the influence, you will lose your HCP for duration of the sentence, as you would for any Class A Misdemeanor conviction. Best of luck with it all, you sound like a conscientious feller who just had a bad night.

 

- OS

Edited February 7, 2015 by Oh Shoot

[JayC]

That is a big stretch under state law...  I'm willing to bet no case law over a denial for that reason yet...  wonder if it would stand up in court...

 

Added to my list of reasons to punt TICS into the trash bin of history.

 

 
Y'all missed this thread apparently, where eRay found that TICS is apparently denying gun purchases for a year after a DUI conviction.
 
http://www.tngunowners.com/forums/topic/84893-denial-of-handgun-purchase-because-of-invalid-dl-no/#entry1229698
 
http://www.tngunowners.com/forums/topic/84893-denial-of-handgun-purchase-because-of-invalid-dl-no/page-2#entry1230519
 
- OS

 

[eRay]

That is a big stretch under state law...  I'm willing to bet no case law over a denial for that reason yet...  wonder if it would stand up in court...

 

Added to my list of reasons to punt TICS into the trash bin of history.

 

I would not personally think it would stand up in a court case. My guess is that they are counting on the fact that no one is willing to spend the money necessary to test it.

[JayC]

I agree, I can't image how TICS itself hasn't been tested in court yet...  I don't see how it would survive a constitutional test under the state constitution.

 

I would not personally think it would stand up in a court case. My guess is that they are counting on the fact that no one is willing to spend the money necessary to test it.

[Oh Shoot]

I agree, I can't image how TICS itself hasn't been tested in court yet...  I don't see how it would survive a constitutional test under the state constitution.

 

Probably fine as a "tax", just like Roberts' finesse of the ACA.

 

- OS

[Dolomite_supafly]

 
Y'all missed this thread apparently, where eRay found that TICS is apparently denying gun purchases for a year after a DUI conviction.
 
http://www.tngunowners.com/forums/topic/84893-denial-of-handgun-purchase-because-of-invalid-dl-no/#entry1229698
 
http://www.tngunowners.com/forums/topic/84893-denial-of-handgun-purchase-because-of-invalid-dl-no/page-2#entry1230519
 
- OS

Wow, did not know this.

 

Is it in the law or are they arbitrarily doing this on their own?

[JayC]

Maybe the fee, but the other parts of TICS regulate the purchasing, ownership and possession of firearms which clearly appears to be outside the scope of our state Constitution for the legislature to regulate.  I'd say the 'fee' is blatantly unconstitutional as well... but that is just my opinion on the matter.

 

It's very likely that our ammo tax is also unconstitutional under both the state and federal constitution as well.

 

Probably fine as a "tax", just like Roberts' finesse of the ACA.

 

- OS

[Oh Shoot]

Wow, did not know this.

 

Is it in the law or are they arbitrarily doing this on their own?

 

Well, "the law" in TCA says dealer can't sell to a person addicted to alcohol and TBI is interpreting that by using same criteria as used for drugs to define addiction. I haven't found where the 5 point drug thing is listed in TCA though -- doesn't seem to be in main drug section of criminal part (39-17-401 and forward).

 

Page 8:

 

http://www.tbi.state.tn.us/firearm_check/firearm_docs/ffl_20guidelines_pdf.pdf

 

I don't know how consistent they've been about enforcing this, but it is their statement of policy, and doc creation is 4/13/10.

 

- OS

Edited February 9, 2015 by Oh Shoot