How to Restore Your Gun Rights in Tennessee (A Step-by-Step Guide)
How to Get Gun Rights Restored in Tennessee
Owning a gun is a right guaranteed by the Second Amendment of the United States Constitution. However, in Tennessee, people who have been convicted of certain crimes may have their gun rights revoked. If you are one of these people, you may be wondering how to get your gun rights restored.
The process of restoring your gun rights in Tennessee can be complex and time-consuming. However, it is possible if you follow the steps outlined below.
In this article, we will discuss the steps involved in restoring your gun rights in Tennessee. We will also provide information on the different types of crimes that can lead to gun rights revocation, and the length of time that you may be required to wait before you can apply to have your rights restored.
If you are interested in learning more about how to get your gun rights restored in Tennessee, please contact a qualified attorney.
| Step | Requirement | Description |
|---|---|---|
| 1 | Complete a Tennessee Background Check | You must complete a Tennessee background check in order to have your gun rights restored. |
| 2 | Pay a $50 fee | You must pay a $50 fee to the Tennessee Bureau of Investigation in order to have your gun rights restored. |
| 3 | Submit a completed application | You must submit a completed application to the Tennessee Bureau of Investigation in order to have your gun rights restored. |
How To Get Gun Rights Restored In Tennessee?
In Tennessee, people who have been convicted of a felony may lose their right to own a gun. However, there are a number of ways to restore your gun rights in Tennessee. The process for restoring your gun rights can vary depending on the circumstances of your conviction.
This guide will provide you with information on the eligibility requirements, the restoration process, and the costs involved in restoring your gun rights in Tennessee.
Eligibility Requirements
In order to be eligible to have your gun rights restored in Tennessee, you must meet the following requirements:
- You must be a citizen of the United States.
- You must be a resident of Tennessee.
- You must have completed your sentence for the felony conviction.
- You must have been discharged from probation or parole.
- You must have paid all court-ordered fines and restitution.
- You must not have been convicted of any other felonies since the date of your conviction.
- You must not have been adjudicated as a mental defective.
- You must not have been committed to a mental institution.
- You must not be a fugitive from justice.
- You must not be addicted to a controlled substance.
The Restoration Process
The process for restoring your gun rights in Tennessee can be divided into two parts:
1. Filing a petition for restoration of your gun rights.
2. Attending a hearing on your petition.
Filing a Petition
To file a petition for restoration of your gun rights, you must submit the following documents to the clerk of the court where you were convicted:
- A completed petition for restoration of your gun rights.
- A copy of your driver’s license or other government-issued identification.
- A copy of your birth certificate.
- A copy of your military discharge papers, if applicable.
- A copy of your court record showing that you have completed your sentence for the felony conviction.
- A copy of your probation or parole discharge papers.
- A copy of any court orders requiring you to pay fines or restitution.
- A letter from your probation or parole officer stating that you have complied with all of the terms of your supervision.
- A letter from a mental health professional stating that you are not addicted to a controlled substance and that you do not have a mental illness that would prevent you from safely owning a gun.
Attending a Hearing
Once you have filed your petition, the court will schedule a hearing on your petition. At the hearing, you will have the opportunity to present evidence in support of your petition. The court will consider all of the evidence presented and will make a decision on whether to restore your gun rights.
The Costs Involved
The costs involved in restoring your gun rights in Tennessee can vary depending on the circumstances of your case. However, you can expect to pay the following fees:
- Filing fee: $50.00
- Court costs: $50.00
- Mental health evaluation fee: $200.00
- Notary fees: $10.00
- Courier fees: $10.00
The process for restoring your gun rights in Tennessee can be complex and time-consuming. However, if you are eligible, it is possible to have your gun rights restored. If you have any questions about the process, you should contact an experienced criminal defense attorney.
Additional Resources
- [Tennessee Bureau of Investigation: Restoration of Firearms Rights](https://www.tbi.tn.gov/firearms/restoration-of-firearms-rights)
- [National Rifle Association: Restoration of Rights](https://www.nra.org/articles/restoration-of-rights)
3. Appealing a Denial
If your application for restoration of your gun rights in Tennessee is denied, you have the right to appeal the decision. The appeal process is outlined in Tennessee Code Annotated section 39-17-1332.
To appeal a denial, you must file a written notice of appeal with the Tennessee Department of Correction within 30 days of the date of the denial. The notice of appeal must include the following information:
- Your name
- Your address
- The date of the denial
- The reason for the denial
- The name of the person who made the decision to deny your application
The Tennessee Department of Correction will then forward your appeal to the Tennessee Board of Probation and Parole. The Board of Probation and Parole will review your appeal and make a decision on whether to uphold the denial or to restore your gun rights.
The appeal process can take several months. If your appeal is denied, you can file a second appeal with the Tennessee Supreme Court. The Supreme Court will review your appeal and make a final decision on whether to restore your gun rights.
What if your application for restoration is denied?
If your application for restoration of your gun rights in Tennessee is denied, you may be disappointed and frustrated. It is important to remember that the denial is not the end of the road. You still have the right to appeal the decision.
If you are considering appealing a denial, it is important to speak to an experienced attorney. An attorney can help you understand the appeal process and represent you at the hearing.
How long does the appeal process take?
The appeal process can take several months. The exact length of time will depend on the complexity of your case and the backlog of cases that the Tennessee Board of Probation and Parole is currently handling.
4. Resources
Where can you find more information about restoring your gun rights in Tennessee?
- The Tennessee Department of Correction has a website with information about the restoration of gun rights. You can find the website at https://www.tn.gov/correction/.
- The Tennessee Board of Probation and Parole also has a website with information about the restoration of gun rights. You can find the website at https://www.tn.gov/bpd/.
- The National Rifle Association has a website with information about restoring gun rights in all 50 states. You can find the website at https://www.nra.org/.
What organizations can help you with the process?
- The National Rifle Association offers a free service to help people restore their gun rights. You can find more information about the NRA’s restoration services at https://www.nra.org/gun-laws/restore-gun-rights.
- The National Shooting Sports Foundation also offers a free service to help people restore their gun rights. You can find more information about the NSSF’s restoration services at https://www.nssf.org/restoring-your-firearms-rights/.
- There are also a number of other organizations that can help you with the restoration of your gun rights. You can find a list of these organizations at https://www.gunowners.org/restoration-organizations/.
If you have been convicted of a crime in Tennessee, you may be eligible to have your gun rights restored. The process of restoring your gun rights can be complex, but it is important to remember that you have rights. If you are denied restoration of your gun rights, you have the right to appeal the decision. With the help of an experienced attorney, you can get your gun rights back.
How do I get my gun rights restored in Tennessee?
There are two ways to restore your gun rights in Tennessee:
1. Expunge your criminal record. If you were convicted of a felony, you can petition the court to expunge your record. If the court grants your petition, your conviction will be erased from your record and you will be able to legally possess a firearm.
2. Have your civil rights restored. If you were convicted of a misdemeanor, you can petition the court to restore your civil rights. If the court grants your petition, you will be able to vote, hold public office, and possess a firearm.
What are the requirements for expunging my criminal record?
To expunge your criminal record in Tennessee, you must meet the following requirements:
- You must have been convicted of a felony.
- You must have completed your sentence, including any probation or parole.
- You must have been a law-abiding citizen for at least five years.
- You must not have any other pending criminal charges.
- You must pay a filing fee.
What are the requirements for restoring my civil rights?
To restore your civil rights in Tennessee, you must meet the following requirements:
- You must have been convicted of a misdemeanor.
- You must have completed your sentence, including any probation or parole.
- You must have been a law-abiding citizen for at least five years.
- You must not have any other pending criminal charges.
- You must pay a filing fee.
How do I petition the court to expunge my criminal record or restore my civil rights?
To petition the court to expunge your criminal record or restore your civil rights, you must file a petition with the court. The petition must include the following information:
- Your name
- Your address
- Your date of birth
- The conviction you are seeking to expunge or the civil rights you are seeking to restore
- The reasons why you believe you should be granted your request
- Any other relevant information
The court will review your petition and make a decision. If the court grants your petition, your record will be expunged or your civil rights will be restored.
What if I am denied my petition?
If you are denied your petition, you can appeal the decision to the Tennessee Court of Appeals.
Where can I get more information about expunging my criminal record or restoring my civil rights?
You can get more information about expunging your criminal record or restoring your civil rights from the Tennessee Department of Correction. You can also contact a qualified attorney for help.