Has anyone had any experience with a revocation of their CCW? I recently received a notice to turn in my license due to a 40 year old misdemeanor that I thought was way behind me
(Burglary of a vending machine- I was drunk .) My record has been clear since then - I’ve even had some modest success in the business world. This happened in Tennessee if it makes a difference.
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I live in Florida, but have never heard of such a thing, especially over a misdemeanor. I hope someone here can help.
In any case, welcome to the group. I genuinely hope you can get it sorted out. I really do.
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Thank you. It wasn’t my finest hour. I know enough to hire a lawyer, but I was looking for personal experiences.
I think I might fight it.
This is part of my reply
Pursuant to your request that I surrender my CDW license #, I respectfully decline and ask that my case be reconsidered for the following reason(s.)
- According to Sixth Circuit decision in United States v. Cassidy, 899 F.2d 543 (6th Cir. 1990), the sixth circuit held that:
Considering the definition as a whole, it is clear that Congress intended that [federal] courts refer to state law to determine whether an individual should be subject to federal firearms disabilities by virtue of a [state] criminal conviction. If state law has restored civil rights to a felon, without expressly limiting the felon’s firearms privileges, that felon is not subject to federal firearms disabilities. This is the clear and unambiguous intent of Congress as expressed in § 921(a)(20). The Sixth Circuit concluded that the restoration of citizenship rights under state law must include three specific rights – the “right to vote, right to seek and hold public office and the right to serve on a jury” – in order to satisfy the requirements of the Gun Control Act. However, the Court rejected the government’s argument that a defendant had to have a separate “restoration of gun rights” under state law to remove the federal firearms restrictions. There is no such thing as a separate or required procedure for the “restoration of gun rights” according to the Sixth Circuit.
If a state restores (1) the right to vote, (2) the right to hold public office and (3) the right to sit on a jury and does not limit the right to own firearms, then the state has fully restored the rights of citizenship to the individual and there is no federal firearms disability. The removal of the federal firearm restriction is automatic because it is completely derivative of a state’s full restoration of the rights of citizenship:
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This would be the next part of my reply:
(2) My conviction for the minor charge of burglary of a vending machine occurred almost 4 decades ago. My probation was satisfied. My record has been clean ever since. I have been a productive citizen for 40 years. Since that time I have voted, been asked to sit on a jury, and been solicited to run for public office. The terms of my sentence were that once I completed my probation, my record would be expunged and my civil rights restored. Had it been otherwise, I would have vigorously contested the charges. I don’t recall being represented by an attorney, nor do I recall waiving my right to counsel. I have also purchased firearms and undergone background checks on at least two separate occasions. Prior to applying for my CDWL I contacted both the ATF and the State Police. I advised both organizations of my past conviction and was told to apply for my license because the worst thing that would would be a rejection and I could take whatever steps were necessary at that time. I have acted in good faith. It is both unfair and wrong for you to do your research and due diligence, grant a license, then take it away several months after the fact. My suspicion is that I have been the victim of a computer’s misinformed enthusiasm. I don’t dispute the state’s authority to regulate certain things, but the authority is not absolute and it is incumbent upon the state to exercise that authority with discretion and circumspection. Had the State of simply contacted me instead of sending me a nasty, computerized, cold-blooded notice, I would have been happy to work in good faith to resolve this issue to our mutual satisfaction. I have owned my property and my home in for almost twenty years. I have paid my taxes and tried to be a good citizen. I’m not going anyplace.
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As far as I’ve ever known, it’s only over a felony that the the right to keep and bear arms has ever been revoked, but I’m not a lawyer and don’t know Tennessee law. Hopefully someone with relevant law background will chime in here. Again, good luck. I had thought that Tennessee was a 2A friendly state. I’m a S&W fan, and I know they justbmoved their HQ there only because it was a more friendly environment for them vs Massachusetts.
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Thanks again. I really can’t remember a lot of the details. I’ve worked hard since then to get my life in order. I was proud of my CCW license. I can afford the bail if they want to arrest me and I’m seriously considering making a stand. I think I have a good case.
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@MikeBKY is our resident man of the law.
You can probably get a response by addressing him, as shown above.
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Thank you. I’ll send him a message. This would be the next part of my reply.
(3) I have retained 2nd amendment attorneys in and Tennessee and am in the process of hiring a law firm specializing in abuses of civil rights.
(4) I don’t wish for this situation to become adversarial so I will give you my word that I will not carry any firearm off of my property in any manner, concealed or otherwise, I will not carry my CDWL, and that as soon as I have had the opportunity to state my case, I will comply with any lawful judicial order the moment it is issued. You also have my word that I will make myself available at your convenience. I ask only for the simple courtesy you would afford any law-abiding citizen. You can contact me at …
(5) These are perilous times we live in. I have the God given right to protect my wife and myself. I never felt the need to carry a firearm or lock my doors at night until the courts started to release, re-release, and re-release again truly violent, dangerous, and detestable people with less than a slap on the wrist. … County’s own attorney, …, was given an impossibly light sentence for stealing several hundred thousand dollars from children. I served three years probation for violating the sanctity of a vending machine in an ill-considered moment of intoxication. I make no excuse for breaking the law, but my debt to society has been paid, in full and with interest. I will assert my right to defend myself to the fullest extent of the law.
IMHO, I would let my attorney speak or write on my behalf.
I ( speaking for myself ) don’t know how to engage with an adversary as dangerous as anti 2A group. That’s what attorneys are for.
In addition you stated that you weren’t “exactly” sure why you have been revoked. Your case had been cleared! Maybe someone has the same name, a clerical error, or good old attack on a citizen!
The best I could say, is My name is @Jim231, my middle name is lawyer!
Better safe than sorry.
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Welcome
Thanks Scott, and thank you for your service.
This would be the last part of my letter:
(6) In conclusion, I have spent money on training, equipment, construction of a range on my property, USCCA membership, application costs, and other items based on your advice and because I take my training and responsibilities seriously. I have also spent many hours improving my technique. I am 76 years old and these are hours that I will never get back. My goal is to be able to use a handgun with the same proficiency I had with a rifle when I was shooting competitively, at a fairly high level, many years ago. My wife will also apply for her CDW license in due time. We are the kind of people that law enforcement officers would be glad have in close proximity should they ever find themselves in a difficult situation.
Thank you for your consideration. I apologize for any inconvenience or extra work this may cause you.
Respectfully,
I don’t know if I’m doing the right thing. I have some soul searching and praying to do. There’s at least one easy fix and probably two. My problem now is that I’m pissed off and for the first time in many, many years…I’m looking forward to the fight. But I don’t want to be stupid. I don’t want to be Don Quixote tilting at windmills.
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This is what Utah says about convictions and time. Maybe Tennessee has it published somewhere in the vast law books.
Concealed Firearm Permit disqualifying offense time periods:
“The below time frames are non binding and only listed as a general guideline”
Class C misdemeanors & Infractions — 3 years
Class B Misdemeanors — 4 years
Class A misdemeanors — 5 years
i.e crimes of violence, unlawful use of alcohol, unlawful use of narcotics/controlled substances, moral turpitude and weapons/firearms violations
Juvenile felony conviction U.C.A. 76-10-503 (non violent – property crimes) – 7 years
Juvenile felony conviction U.C.A. 76-10-503 (violent – crimes against person) – 10 years
Felony conviction or not qualified to purchase and possess firearms pursuant to State or Federal law – Lifetime
(unless dismissed, reduced to a misdemeanor or expunged)
Domestic violence – Lifetime
(unless dismissed, reduced to an infraction or expunged)
Protective orders – Lifetime
(unless removed, must be a family member or cohabitant) (not a neighbor, friend, etc.)
Mentally incompetent (adjudicated by a State or Federal court) – Lifetime
(unless withdrawn or reversed)
Danger to self or others (threat of or attempt of suicide, with or without an arrest or conviction) – Suspension
(time frame based on the CFP Board’s decision)
Past pattern of violent behavior – Suspension
(time frame based on the CFP Board’s decision)
Convicted of a registrable sex offense, as defined in Subsection 77-27-21.5(1)(n) – Lifetime
(unless dismissed or expunged)
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Thanks Mike, I found the Tennessee guidelines this weekend. I’ve been making myself crazy. There’s definitely not a problem with time. I think…think, the problem is that I was sentenced to 3 years probation and the computer (or maybe the law itself) doesn’t distinguish between probation and jail time. There’s something about being sentenced to over a year in jail that disqualifies from having a CCW. But I didn’t serve any jail time, just a couple of days until they decided I really wasn’t the reincarnation of Genghis Khan or a threat to society and sent me on my merry way. I really don’t know what got into me. Maybe I was channeling Paul Newman in “Cool Hand Luke.” Like I said, there’s at least one easy fix but it requires a meal of humble pie. Not my favorite dish.
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Hello and welcome @Jim231 I have never heard of a CCW getting revoked but I hope it gets sorted out in your favor
Thank you. I have no one to blame but myself.
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I do like your letters sir, however I feel you should speak to your attorney before you do anything. He or she may have a totally novel solution that you may not be aware of.
If I were in your shoes, that is what I would do. Let that 2A lawyer do what they do.
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Lawyer up
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Thanks to all of you all. I feel a little better now. If you’re interested, I’ll let you know how this turns out.
Basically, I’ve got no one to blame but myself. I was in Nashville, buck wild, trying to make a living as a songwriter, looking for shortcuts, and so stupid that you couldn’t tell me anything because I already knew it all.
The police, at least the ones on the street, were pretty decent and we got along OK - even had some fun. Certainly no hard feelings on my part.
I think I got railroaded by the administration. I know I didn’t have much representation and would have signed just about anything to get out. I also remember that I was adamant about not losing any rights once the thing was settled. I’ll get the paperwork back pretty soon and see how that turned out. After 40 years, I don’t remember much.
My biggest complaint is that I was honest with the ATF and the state police about my record and they gave me bad advice. I should have gotten everything straightened out to my own satisfaction before I applied for my CCW. Instead, I relied on their investigation and it came back to bite me on the ass.
My second complaint is the way it was handled. Their initial investigation said everything was OK so they should have given me the benefit of the doubt and given me an opportunity to prove that everything was satisfactory, or at least, that I didn’t lie intentionally. You would think that 40 years with an immaculate record would be worth something. But it wasn’t, they didn’t, and it’s rubbed me the wrong way. Now I’m irritated. And so grateful for the support from this community - and my wife, who’s my best friend.
I want to keep going with this. My groups are getting tighter and moving in the right direction and sometimes - not often yet - but sometimes, I’ll get off a shot I know is going to be good before I pull the trigger. It’s a good feeling.
Thanks again; to every one of you. The thing I like most about the 2nd amendment community is that we can disagree with respect and without rancor; It’s our strength, it’s not a weakness.
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Best of luck with this Jim. I’m sure it will work out in your favor. Prayers up 
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Welcome to the community @Jim231
Sorry you are running into this problem. The anti self defense laws in this country are incredibly frustrating to deal with. As others have stated I also highly recommend the lawyer route. Even if they can’t do a simple quick fix it sounds like you should be able to have that ancient incident removed from your record so you can reapply.
I would just recommend approaching it as a problem to be worked on together with the permitting agency instead of as a confrontation. Things might go more smoothly that way. Good luck!
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