castle doctrine

[westten]

I recently read about the castle doctrine and some of the effects it had on persons with expunged nonviolent felonies. My question is how does this new law effect me? I have a nonviolent felony that was dismissed, expunged and ordered to be seal in the state of Arkansas. This was done under Arkansas' First Offenders Act, which by what I was told by the Arkansas Crime Information Center and the Arkansas State Police relieved my firearms disibilities. Also after contacting the ACIC about this matter, they updated thier records and removed me from the FBI Index (whatever that is? ) ACIC even sent me a report which stated that they had done so. This took place back in December of 08...since then i have purchased a handgun and shotgun with no problems...i have applied for a carry permit and waiting. With all this said I sure and formost do not want to end up on the wrong side of the law....Where do I stand in regards to the castle doctrine? What should I do with the firearms I have? And yes I do live in Tennessee. Thanks be to anyone for your opinions.

[johnharris]

The "castle doctrine" deals with a legal presumption of when imminent fear of death or serious bodily harm exists in the context of whether the particular use of force is justifiable. It has nothing to do with an individual's status as a prohibited person under state or federal law.

Convicted felons are by definition "prohibited persons" relative to firearms ownership under the federal Gun Control Act of 1968 and most state laws. However, the general rule is that if the state that convicted an individual as a felon fully restores all civil rights - without limit - then the individual's status as a prohibited person is also restored.

You cannot expect to get a full or reliable answer beyond the general rules on this or any other forum. You will likely need a clearance/opinion letter from the ATF as well as from the state.

Tennessee did in 2008 enact a law that says "all felons" are prohibited persons relative to firearms ownership and possession. See Tennessee Code Annotated Section 39-17-1307 (2008 ed.) It is not clear at this time whether the unjustified expansion of that law impacts the general rule that Tennessee honors full restorations by sister states.

[westten]

Thank you Mr.Harris for the reply. So, if I understand correcly I should contact the ATF and explain to them my current situation and ask for some type of clearance/opinion letter regarding my rights to have and carry a firearm and as well the State of Tennessee? Who in the State of Tennessee would you contact? Also, I assume TN honors my Arkansas restoration or did at one time? Thank you again for any help.

[johnharris]

I have seen situations where individuals submitted a letter to ATF along with copies of their restoration and/or pardon and asked ATF if ATF considered them to be a "prohibited" person.