Question:

How does a previous "trip" to a State Mental facility affect my ability to get a carry permit in TN?

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2 years ago I was involuntarily held for 72 hours for mental evaluation in California (known in California as a 5150). I was going through a bit of a rough time, in poor living conditions. I took 14 Tylenol (NOT lethal), and the Dr held me as a "threat to myself" to teach me a lesson.

Well, fast forward 2 years, I am a suburbanite of Memphis, TN, gainfully employed homeowner - totally stable. Unfortunately, crime here is through the roof. Women are being held up at gunpoint in their cars at gas stations in broad daylight - in my "good neighborhood". I was raised around guns - rifles, shotguns and handguns. I currently own a shotgun and go trap shooting (clay targets) regularly.

However, in reading the legislation it appears that I would NEVER be permitted to obtain a carry permit in TN due to my hospitalization. As I understand it, because I had a rough patch, and this Dr wanted to "teach me a lesson" - I can't protect myself. I am legally permitted to purchase a gun. However, if I use it to protect myself I am committing a crime.

I understand that they don't want a Virgina Tech thing happening, but I truly feel my safety is in danger every time I leave my house. Does anyone have any suggestions? Do you know if this type of hospitalization comes up in my backgroun check? I am an attorney, and still can't quite work my way around how they've worded that particular provision. Thanks!

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3 ANSWERS


  1. Maybe,

    if you don't admit to it they'll never know about it. Sometimes ya just can't be "too" truthful when it comes to matters involving the law.  


  2. Your medical records are confidential, and covered under HIPPA laws, so they will not be available to a background check.

  3. If you are permited to buy a gun, than I can't imagine you couldn't use it to protect yourself.  If you did have to use deadly force, i'm sure you would be exonerated.

    I think you should speak to the local sheriff (that's who issues permits where I live) and seek his advice.  I'm sure he would be he (or whoever is the controlling authority) would be happy to hear your concerns.

    Good luck.  Great question.

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