Handgun Permit susp ?

[JRHughes]

Long story short my ex spouse took out a exparte order of protection on me but no threats were made against her. We settled it out of court and the judge signed stating no contact, no threats were made and I could keep my rights to keep and bear arms. Almost 6 weeks late I recievce a letter from the state department of safety stating I needed to surender my handgun permit becaues of the order of protection. It has been a year and the op has expired, how do I go about getting my handgun permit rights back? Anyone faced this or been through it... thanks Jim

[lilredhunter]

JR you may want to repost this in the General Firearms Topics it will be seen by more people. Maybe then some of the others or Mr. Harris will see it and can help you with it.
Chris Hughes

[David Lewis]

Chris's suggestion is a good one: I moved it to the General Forum for more exposure.

David

[David Lewis]

Sorry for inadvertently locking this...I thought I was locking the shadow in the original forum. Turns out it was the live topic.

Mea culpa.

It's unlocked now, so post away!

David

[Dan Lee]

Hi Jim,
Sorry you had that experience. Here's some information for you:

(a) It will be the responsibility of the permittee to furnish the department with court documents showing that the permittee has been acquitted of the charge or charges prior to reinstatement of a handgun carry permit.

http://www.tennessee.gov/sos/rules/1340 ... -02-04.pdf

So it seems to me as if you would deal with the TN Dept. of Safety Directly on this. You will need to contact the court that handled your case, & get copies of the status of it. If you have any trouble with them, or feel that you're not being afforded due process, I would recommend an attorney who has experience in this area. Perhaps John Harris (Our Director Here) could help you, or help you to find someone if that becomes necessary. Info about "due process" here: http://www.lectlaw.com/def/d080.htm

Hope that helps! ~D

[kwikrnu]

In Tennessee any order of protection is cause for the TN dept. of Safety to take your permit. You should be able to get your permit back unless it has expired by proving to them you no longer have an order of protection against you.

I was issued an ex-parte order of protection last April. About a month later the ex-parte order was heard by a real judge and I was in attendance to defend myself. The judge dismissed the petition for the order and the petitioner was ordered to pay costs. Two days after the ex-parte was dismissed the Tn Dept. of Safety revoked my permit. I turned my permits into the DMV. I called the TN Dept. of Safety and they said I had to provide a court notorized document stating the order was dismissed. I mailed them what they wanted and waited. They mailed me my permits about a month later.

I'm not sure if you can do this, but you may try. I'd give them a call to find out. Good Luck!

The law really should be changed not to include those who are under ex-parte orders. Heck, you can buy a gun while under an ex-parte order. The feds can careless about these ex-parte orders. It is extremely simple for someone to get an ex-parte order of protection. They go before the magistrate and bam they have an order against anyone. They don't even have to pay. The costs are paid by the defendant when he loses. When the plantiff loses they are supposed to pay costs, but I doubt they are forced to pay.