Lebanon Tennessee Personal Injury and Criminal Defense Attorneys practicing auto, trucking, motorcycle and all personal injury law and DUI, Assault, Seizure and all Criminal Law.
Free Consultations New

Lannom Williams Law Group - Providing criminal defense and civil trial practice for Wilson County, Tennessee

137 Public Square
Lebanon, TN 37087
615.444.2900
FAX (615) 444-6516
This email address is being protected from spambots. You need JavaScript enabled to view it.

Protecting your rights and preserving your freedom...

Your Solution is a click away:
Start Here

Attorney News / Blog

Read More frank door openIs Your Criminal Conviction Eligible for Expungement in Tennessee?

As we’ve discussed in earlier articles, the Tennessee Legislation passed T.C.A 40-32-101(g) in July of 2013 which allowed for certain prior convictions to be expunged. This method of expungement has allowed many of our clients to remove that one mistake that has followed them throughout their life. I emphasize the “one” because the expungement statute only allowed for “a criminal offense” to be expunged and any other offenses made the first or eligible offense ineligible to be expunged. The problem that many people have learned when attempting to have their criminal record expunged is that, when police make an arrest, they often charge the defendant with multiple offenses and that defendant will ultimately plead guilty to two or more offenses.

Starting July 1, 2014, those that have been arrested for multiple offenses during “a single continuous criminal episode” may now be eligible to have their criminal record expunged. This expands the number of citizens who could have their criminal history wiped away, which would be a vast improvement on their future.

The Legislature has made another significant change to the expungement statute. The statute currently allows for T.C.A. 39-17-417(g)(1)--Manufacture, delivery, sale or possession of not less than ½ ounce and not more than 10 pounds of Schedule VI drug marijuana (fine not greater than $1,000) to be expunged.  The problem has been that the Tennessee Drug Control Act requires a mandatory minimum fine of $2,000 for the convicted person. So, once citizens are found guilty and then a try to have this charge expunged, they find out they cannot because the statute only allows for the offense to be expunged when the fine is not greater than $1,000. The mandatory minimum fine increase from $1,000 to $ 2,500 makes this specific offense now eligible for expungement.  The statute does require other conditions be met before a person is considered a qualified petitioner. These include:
  1. Five (5) years have elapsed since the sentence has expired;
  2. All the terms of the sentence are completed (court cost, restitution, etc.);
  3. The offense for which you seek expungement is listed in the felony inclusion list or is a misdemeanor not listed on the exclusion list.  
erase pastSince prior convictions can have such negative effects on a person’s future, from job interviews to loan applications, I am glad the Legislature saw fit to broaden the law to give citizen’s a second chance at a clean record. If you have a prior conviction that you think might be eligible for expungement, please give our office a call.

In Defense of the Citizen Accused,
~ Frank Lannom (Donnovan Vasek Contributor)
(Handling criminal cases in Lebanon, Mount Juliet, Murfreesboro, Gallatin, Lafayette, Smyrna and all other Middle Tennessee areas)
Read More frank door openJudge Casey Moreland in Nashville has recently come under fire for granting bail to an individual, an American citizen and citizen of the State of Tennessee, accused of domestic assault prior to the expiration of a 12 hour hold. The current law permits citizens to be held without the ability to post bail for 12 hours based solely on an unproven allegation of domestic assault. However, the Tennessee Constitution guarantees all citizens the right to bail, a right without reservation based on time or the nature of the crime, unless they commit a capital offense. The same statute that mandates this "mandatory hold", denying bail for a time, also allows a magistrate or a judge to release an accused under appropriate circumstances that indicate the risk or threat is lowered or diminished.
 
While I am not privy to the specific facts of the recent case in the news concerning Judge Moreland, I know the constitution guarantees bail and that no law by our state legislature should take away that freedom. Judge Moreland's actions implemented what the constitution guarantees - the right to bail. Before people jump on the bandwagon to bash this Judge, we need to understand what is occurring daily. Citizens are accused (not convicted) and held in jail without being able to post bail in violation of the Tennessee Constitution, Section 1, Article 15. You can read more on our website.
 
You might be the next one accused and held without bail who hasn't committed any crime!

In Defense of the Citizen Accused,
~ Frank Lannom
(Handling criminal cases in Lebanon, Mount Juliet, Murfreesboro, Gallatin, Lafayette, Smyrna and all other Middle Tennessee areas)
Read More frank door openAt this point, the government has seized your property without a hearing, you have been required to pay money to ask why the government has taken what is yours, and the government has delayed your right to a hearing by months and demanded you prove through a standing hearing that the property they took from you is actually yours.

Recently we were able to show a judge, 6 months after the seizure of my client's property, that the property was theirs in a standing hearing. The Department of Safety and Homeland Security, who lost the hearing, then decided to appeal. Appeals are generally not allowed until after the entire case is decided, but the government has special rules that allow them to do it. So, the Department of Safety and Homeland Security appealed the decision (and get ready for this) to the Commissioner of the Department of Safety and Homeland Security - THEIR OWN BOSS! Please read that again. Your property is taken and the arm of the government taking it is the same one that decides the appeal of the Judge's decision. The citizen is not allowed to have their case heard by a jury of their peers, is forced to pay for a hearing, having to prove the property taken from them is theirs and not the governments, and when they win, the government stealing their property appeals to themselves.

Please, to all my friends that have any belief in a limited government, just take the time to let it sink in. If this is seen as okay and if it is allowed to continue unopposed, our property rights are lost forever.

In Defense of the Citizen Accused,
~ Frank Lannom
(Handling criminal cases in Lebanon, Mount Juliet, Murfreesboro, Gallatin, Lafayette, Smyrna and all other Middle Tennessee areas)
Read More Frank and Melanie TACDL
Melanie Bean of Lannom & Williams Trial Attorneys will be serving as the Organizer & Moderator as well as delivering the Welcoming Remarks to the 2014 TACDL (Tennessee Association of Criminal Defense Lawyers) Legislative Update and Case Law Review Conference in Nashville on June 13th. Frank Lannom, Founding Partner of Lannom & Williams, will be speaking to the conference on Standing, Discovery and Understanding “Their” Rules in Forfeiture Proceedings.

tacdl logoBoth Frank and Melanie are passionate advocates for the rights of citizens accused of crimes.  As TACDL’s purpose is the provide education and support to help attorneys protect the rights of their clients accused of crimes, both of them are proud to be a part of TACDL and look forward to sharing knowledge and ideas with their fellow criminal attorneys from Tennessee.

~ Frank Lannom & Melanie Bean

Read More frank door openMy friends, this blog may educate you and it also may shock you about what is going on in the great State of Tennessee.

Did you know that any police officer can take your property, vehicles or money without charging you with any crime whatsoever? You will not get a chance to question the officer or see a judge to get your property back for at least 120 days and not even then unless you pay money for court costs to the Department of Safety and Homeland Security for privilege of asking why they took your property.

Our current state government administration has granted the Tennessee Department of Safety and Homeland Security (yes they are implanted in Tennessee as well as the Federal Government) to take the property of citizens, the abuse begins the same in most cases. A police officer, generally an agent of a county drug task force, seizes your property without a warrant of any kind. That agent must appear before a judge within 5 days to justify the taking of your property when no arrest has been made. While this sounds like a great idea, you (the owner of the property) do not get to ask any questions or raise any defenses to the Seizure. You don’t have the right to ask why your property has been taken.

You must first pay $350 to $700 (court cost) to even ask why this abusive branch of government, beyond the reach of any local judge, has your property. You must pay the government to even ask why they took your property!

After you have paid for the privilege of asking why your property is in the hands of the government, the law says you must be given a hearing date within 30 days. Great idea! Give the citizen the chance to get his or her property back. However, these agencies read that language to mean they must tell you WHEN your court date "is" within 30 days, it might be 60-90 days later. Leave it to the government to adopt such a ridiculous position. They don’t have to give you a hearing within 30 days, they just have to tell you when your hearing will be within 30 days.

For most people this means their car, motorcycle, boat, their money for work, rent, or a mortgage is now gone for such a time that the car must be replaced or their mortgage is missed. Many people start to give up at this point, which is just what your government wants them to do. Even if you don’t give up, after 90 days, you would think the end would be soon but 3 months is just the beginning. The Department of Safety and Homeland Security is just getting started, a process causing more and more citizens to give up the fight against the Bill Haslam Gestapo style government agency.

A new ploy is now used to delay and cause additional expense to the citizen. The state legislature passed a law that says a person claiming property must first show they are the owners before arguing the property should be returned. In theory, if a car, money or guns were taken from person A, and then person B says the guns were really mine, then it makes sense to require person B to show they have an ownership interest. Based on this, the Department of Safety and Law Enforcement lobbied the Legislature to pass the law requiring the individual to show they have ownership or "standing" to claim the property. Predictably, the Department of Safety and Homeland Security now abuses this rule to delay the citizen a hearing. If the government knows the property seized belongs to you because the police removed it from your bank account or the car is titled in your name, the Department of Safety and Homeland Security will still request a standing hearing and demand it be separate from the seizure hearing. By demanding this hearing, another 2 month delay occurs and more and more citizens give up the fight or give in to the extortion demands of the drug task force agencies who receive the money.

Once again, a law enforcement backed law with a reasonable purpose is perverted to put money in the pockets of the government and law enforcement at the expense of the citizens of the State of Tennessee. Oh, but I promise it gets worse! Stay tuned for future blogs outlining the entirety of the dire straits of citizens' freedom in Tennessee.

In Defense of the Citizen Accused,
~ Frank Lannom
(Handling criminal cases in Lebanon, Mount Juliet, Murfreesboro, Gallatin, Lafayette, Smyrna and all other Middle Tennessee areas)
Read More frank door openTennessee citizens are ordered out of their own homes every day without a court hearing by someone who isn’t even a judge. Surprised? My office sees this reality almost daily, a reality brought about by a multitude of criminal charges, some of which are minor. These allegations can be brought by an adult child in your home, ex-wives, girlfriends or anyone else who is permitted to stay in your home for even a short period of time.  Even more disturbing is that after being ordered out, the accusation that you simply drove by your own home could result in your being immediately arrested with or without a warrant and held without bail until the court system hears your case. This occurs before your case has gone to court!

How can such a system exist in America? It occurs when special groups of crimes are given special rules and considerations before a person is convicted of a crime by a jury of their peers. The crime of domestic assault has been placed into this special group. The Legislators have directly contradicted the Constitution by authorizing such restrictions.

Here is how it works. You allow a person to live in your home and this person accuses you of harassing, assaulting or threatening them. The police are called, sometimes days later. Police officers are encouraged by a special state law to make an arrest of someone if there is any evidence of any physical altercation, regardless of how they feel the altercation arose. When officers find no cause to arrest, the individual making the allegations can appear before a judicial commissioner and request a warrant. Becoming a judicial commissioner has no special requirements and they are rarely lawyers and never elected judges.  

The judicial commissioner can issue an arrest warrant, which immediately results in bail conditions that require serious restrictions on your freedom and inherent rights. These restrictions always include a prohibition of your going back to your own home if the person making the allegation is still living there. You most likely will be prohibited from seeing your own children and can be prohibited from going to your job if the person who accused you of domestic assault works with you. You will be prohibited from drinking alcohol while out on bail and even  prohibited from possessing a firearm.

I recently represented a Special Forces soldier who had completed three tours of active duty. He was accused by his estranged wife of a violent assault that allegedly occurred 3 days before being reported to the police. Police officers responded but found no evidence of the injuries the estranged wife reported. The wife then appeared before a judicial commissioner and was granted an arrest warrant against the soldier. The commissioner ordered the soldier not to return to his own home as long as the wife lived there, and prohibited him from possessing a firearm or drinking alcohol while released on bail.  The soldier couldn’t go to his own home, which was solely in his name, to even get basic clothing, computers or his phone. Most every person accused of such a crime is held without bail for 12 hours and released with the same restrictions as  listed   above.   
8th-amendment-picture
In this case, the wife publicly said she was moving out  and had left the premises. With the wife removed from the residence, the soldier went to the home, on legal advice and with off duty police officers and other soldiers as witnesses, to gather his personal items and then left. The wife immediately told the commissioner that the soldier was at her “home”, even though she had confirmed in writing that she had moved out, and a warrant was issued for his arrest to be held without bond.

In most criminal cases, a false accusation can result in an arrest but not in being held in jail. The person is permitted to post bail and a hearing is required before they can be incarcerated. Due to Tennessee’s domestic assault laws, this soldier was held in jail without bond before even having a chance to tell his side to a judge. You might be interested to know what our state’s Constitution says about bail:

“That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great.”
(Tenn. Const. art. I, § 15)

A capital offense for which a citizen can be held without bail is one that includes the death penalty, limited in modern times to first degree murder and only then when there is abundant proof of guilt.

It was my privilege to represent this soldier. We were able to prove that every allegation against him was false and all charges were dismissed, but not before he was ordered out of his home for weeks and held in jail without bond before his first court appearance solely on unfounded allegations.

The Constitution requires bail for a reason. Your rights afford you due process or a fair hearing before your rights and freedom are taken away. Domestic violence laws were passed with good intentions to protect those believed to be in need of protection. But each time we short circuit the Constitution by creating special exceptions to it, abuses like those to this soldier occur. I can assure you the example above is not an isolated case.  It is important to know what power the government holds over you and your home. Freedom matters! We must not turn a blind eye to our Constitution out of fear of crime, not unless we are willing to surrender the freedoms that have been sacrificed for by soldiers such as my client.

In Defense of the Citizen Accused,
~ Frank Lannom
(Handling criminal cases in Lebanon, Mount Juliet, Murfreesboro, Gallatin, Lafayette, Smyrna and all other Middle Tennessee areas)
Read More Frank Lannom - Best Lebanon and Mt. Juliet Tennessee DUI and Criminal Defense LawyerIf you are faced with a DUI, the loss of your driver’s license is mandatory if certain facts are present. This loss can have a devastating effect on people in an era where the necessity of driving a motor vehicle is inescapable. However, there are several “restricted licenses” that allow you to still drive after being convicted. After July 1, 2013, one of the common forms of a restricted license is that of an Interlock Device. This device may or may not be mandatory depending on the particular facts of your case. There are a few exceptions that allow for a motorist convicted of a DUI to avoid the interlock device if needed. However, if the Court has required you to install an interlock device or you have requested one be installed, the chronological process below will help ease the transition and answer many of your questions and help prevent any unwanted frustration. The procedure below is not a boilerplate process for every client and will tailored to your particular case and explained in detail by my law office.

  1. blog post image 20140417Call Smart Start at 1-800-880-3394 or visit http://www.smartstartinc.com to schedule your appointment to have an Interlock device put on your vehicle at J & R Electronics in Lebanon, Tennessee. It is also important that, if you are aware ahead of time that an interlock device will be required, you schedule this appointment just prior to your court date where the Judge signs your restricted license. After the Judge signs your restricted license order, you cannot even drive from the courthouse to have the interlock device installed and doing so could lead to a subsequent charge.
  2. Have your attorney prepare a Court Order authorizing J & R Electronics to install the interlock device. You must have the Order with you at the time of installation.
  3. Be prepared to pay the cost of installation to J & R Electronics, which is approximately $121.00, at your first appointment.  The installation takes about two hours to install so schedule your day accordingly.
  4. Once a month after the installation you must return to J & R Electronics to allow them to scan the device to check if there are any violations in the prior month. The cost of each subsequent month is $108.16.
  5. After your period of having a restricted license has expired, which depends upon the numbered offense (i.e. 1st offense, 2nd offense, etc.) you may have the device taken off your vehicle. The cost of the removal is approximately $80.00. The number of offenses you are convicted of plays a pivotal role in how long your license will be suspended. “The court shall prohibit any person convicted of a violation of a DUI from driving a vehicle in this state for a period of one (1) year, if the conviction is a first offense; two (2) years for a second offense; six (6) years for a third offense; and, eight (8) years for a fourth or subsequent offense. Tenn. Code Ann. § 55-10-404.”

It is important to note that these above-mentioned steps are not exhaustive to ensuring you have complied with the law. You must also visit the DMV to start the process of getting your “interim license” and then your “restricted license.” This is another complicated process during which many problems can arise.


I hope reading this article has answered some questions you may have surrounding the Interlock device. The installment phase alone can be a daunting task without the help of experienced legal counsel. In future articles, we will look at ankle bracelets and geographical monitoring devices. If I can be of any assistance to you, please call my office to discuss your case further.


In Defense of the Citizen Accused,
~ Frank Lannom
(Contributions made by Donnavon Vasek) 
Read More frank door openArbitrary Limits in DUI Cases At The Expense of Justice 
     
     While Colorado has now legalized the recreational use of marijuana and Tennessee has not done so, the two states have something in common as both criminalize driving impaired whether it is from alcohol, marijuana or a combination of the two.

     In Tennessee and Colorado, if a police officer has a reasonable suspicion that a driver is high on weed, the officer can ask the driver to take a road side field sobriety test, which is basically the same given for alcohol related DUI investigations. Colorado has set an arbitrary limit of marijuana a person can have in their system and drive at 5 nano-grams per milliliter. Most experts agree the limit is arbitrary and inaccurate and say that measuring 5 nano-grams does not equal impairment - much as Tennessee's DUI law setting the limit at .08 doesn’t necessarily prove impairment. Both laws are designed to produce DUI convictions, whether or not the person is impaired. The experts say that five nano-grams could be shown in a person who hasn't smoked marijuana in two weeks.

In Tennessee, police officers attempt to rely upon their limited training and similarly inaccurate blood tests to show that a driver is impaired. In today's world of video tapes, it would seem videoing a person's driving, their speech, and response to questions and performance of simple physical tasks would be what juries should rely on to make a decision if a driver was impaired. Blood tests could certainly be helpful to juries, but are inappropriate for a per se and arbitrary limits that are conclusive of impairment.

Statue-of-Lady-Justice-on-the-Dublin-CastleHowever, you can be assured that politicians, more interested in convictions than the proof of whether or not a person is actually impaired, will rely on any test, accurate or not, to get the headlines they desire. The cost of these arbitrary limits, rather than proof of actual impairment from alcohol or marijuana, can be that of justice herself.

In defense of the citizen accused,
~ Frank Lannom
Lannom & Williams Attorneys
Read More

If  you think the government should obtain a warrant to access personal electronic information such as e-mails and stored documents, you need to call your Representative as soon as possible and tell him or her to co-sponsor the E-mail Privacy Act (HR 1852). Your call will only take a few minutes, but will have a dramatic impact on preserving the privacy rights enshrined in the Fourth Amendment.  

Background:

Congress is currently considering the E-mail Privacy Act (HR 1852), a bi-partisan bill that would update the Electronic Communications Privacy Act (ECPA).  ECPA was passed in 1986 when e-mail was not widely used (‘e-mail’ as a term wasn’t even commonly used until around 1993!) and cloud storage was a futuristic fantasy. Currently, the ECPA says that government entities like the NSA, IRS, DEA, and even local government agencies can get e-mail records and documents stored in the cloud without first obtaining a warrant. The E-mail Privacy Act (HR 1852) would ensure that all government agencies obtain a warrant before accessing personal and private online communications.

     Currently, govtrac.us gives HR 1852 only an 18% chance of passing, which is why all of us should take immediate action to support it.   Even with the evidence of government intrusion into our private lives as evidenced by the 2013 "spy scandel", our elected leaders show no appetite to
protect our 4th Amendment Right to Privacy.


Let your voice be heard!



In defense of the citizen accused,

Frank Lannom
Lannom & Williams

 

Read More frank door openShould Judges Pass Sentences Based on the Law or on Public Opinion?

     Montana Judge G. Todd Baugh sentenced former high school teacher Stacey Rambold to 14 years probation and one month in jail for the crime of sexual intercourse without consent (while styled Rape, it does not mean the crime constituted force, rather an understanding that minors do not have the authority to consent). A public debate erupted over what was seen as a light sentence for this sexual offense. The crime appears to be similar to the Tennessee Statutes for Aggravated Statutory Rape, a crime that also carries the possibility of probation.

     The sentence handed down by the Judge for the offense was permissible under Montana law and no appeal to overturn it appears to have been pursued by the state prosecutor. The Judge commented at the sentencing hearing that the defendant's last criminal act was 6 years prior to the sentencing (presumably from a delay in the reporting of the crime) and that during the last 6 years Mr. Rambold's conduct had been legal and moral, that he was in a sexual offender program, and that the "undisputed evidence supported community placement".

     The Montana Board of Judiciary instituted disciplinary action against 72 year old Judge Baugh for taking a position "that eroded public confidence".

     I am not sure when it was decided that Judges’ decisions had to match public opinion. It reminds me of trials in the 1930s to 1950s when all white jurors would convict African American Defendants. Judges, afraid of public opinion, many times implemented the most severe punishments at their disposal on those defendants. That did not make the sentence just or moral, but it did bring it in line with public opinion.

     We elect Judges and we pass laws defining the parameters of their decision-making authority. The day when justice must meet the demands of public sentiment, justice will be lost. Was Judge Baugh’s decision correct? I don’t know. Is it what I would have done? Again, I don't know. But I do firmly believe that allowing experienced and elected Judges to act within the guidelines of the law is the system on which we depend. If a decision is improper or illegal, every state has a process to appeal decisions to higher courts for review and potentially be overturned based on the propriety of the sentence. However, disciplinary action that could revoke an elected Judge’s law license simply because the public doesn’t approve of a ruling is not pursuant to justice.

     Those judges in the 1950's who bucked public opinion and showed compassion and moderation in a sometimes raciest society were the heroes - not the bad guys. Had they been removed because their sentences didn't match public opinion, injustice would have prevailed.

In the Defense of the Citizen accused,

Frank Lannom
Lannom & Williams Attorneys
Read More keith williams-smWhy I do what I do
      I am often asked why I do what I do—why do I make my living fighting with others in court, arguing about virtually everything with practically everyone, and dealing with everyone else’s problems on a daily basis? Sometimes, it’s easy to ask myself that same question in the middle of a long, stressful day. However, this past Christmas holiday I was reminded precisely of why I do what I do, by one of the most special gifts I have ever received: I do what I do for the angels out there in need of a little help in difficult times.
      One afternoon right before Christmas, I was told by my staff that clients had stopped by to bring me something - and were waiting for me in the reception area. While I get personally involved in all of my clients’ cases, this case affected me on a particularly deep level because it involved a family who had lost their teen-aged child in an accident. As a father of two beautiful girls, who I love more than my own life, it was hard for me to even try to imagine what these clients, who loved their child the same way, were going through after such an unimaginable loss. While nothing will ever bring their child back, we had fortunately been able to reach a positive legal resolution in their case, and I was continually amazed with the grace and forgiveness they showed throughout the whole ordeal.
      On that afternoon, I made my way down to the lobby and found the parents of the deceased teenager waiting with a lovely Christmas present for me. The most special gift they gave me though—in fact, one of the most special gifts I have ever received—was the card that went with the present. The card read: “I believe there are angels in the world today, whether they know it or not. Angels who add light to every life they touch and you, my friend, are one of them.” There was also a beautiful handwritten message, but I wasn’t able to get even halfway through the card before I broke down in tears.
      I cannot express the absolute gratitude I feel to these wonderful people. The fact that they were entering the holiday season—a particularly difficult time to remember a lost child—yet took the time to reach out to me and offer me such special words of comfort and thanks was beyond belief. It is the most humbling and touching gesture I have ever experienced in my professional career.
      I now keep the card in my top desk drawer and look at it often. It reminds me of two things. First, my clients had it backwards—they are the real angels, not me. Second, I do what I do for them and all the people like them who I represent—I do it for the real angels out there who find themselves in a difficult situation in life needing a little help. I am blessed to be able to do this as part of my profession, and I am thankful for the opportunity to continue helping special people like these clients.
      God bless you and yours in 2014. I hope this year brings you every joy and blessing, and that you are able to recognize and appreciate those joys and blessings as such. I will forever be grateful to the two angels who gave me exactly such a joy and blessing this past Christmas season.

~ Keith Williams
Read More frank door openA DUI in Tennessee Could Cost You Your Right to Carry a Gun
     Everybody knows a DUI can carry severe penalties, from heavy fines, possible jail time, and driving restrictions to impacting a person’s ability to get a job or a bank loan.  One result of a DUI that most of my clients aren’t prepared for is the loss of their Second Amendment right to carry a firearm.
     If you have applied for or renewed your handgun carry permit lately, you have checked one of the boxes below before sending off your application. 
dui-gun-permit-01242014
     You may have thought, “what does a DUI have to do with me getting my handgun carry permit?” For the practical application, the answer is a lot; but for the logical explanation, the answer is unknown.
     The Tennessee Legislature passed a law that says a citizen shall not be granted a license if they have been convicted of a DUI in Tennessee or any other state two or more times within 10 years from the date of application and with one of the convictions occurring within 5 years from the date of the application.  An application will also not be granted if you are under indictment for a DUI (so much for innocent until proven guilty). You are now facing serious restrictions on your ability to lawfully exercise your Second Amendment rights.
     The rights of responsible gun users are under continual attack by legislation such as this. Many courts have applied an intermediate scrutiny test when deciding if a law infringes on the Second Amendment. There are 2 primary concerns when the courts review a law under this analysis:
  • First, does the government have an important governmental interest?  
  • Second, does T.C.A. 39-17-1351 further an important governmental interest by means that are substantially related to that interest?

     I believe society as a whole would agree that only allowing responsible people to possess handguns is an important governmental interest. However, the fact that a person has had multiple DUI’s within a 10 year timeframe lacks a direct correlation that the applicant cannot possess a firearm in a responsible manner.  An analogy might be “that a person who has not held a job for 6 months cannot have a gun permit”.  One doesn’t have anything to do with the other and; therefore, aren’t “substantially related”.
    If you have been denied a license to carry your firearm, you need the advice of an experienced criminal defense lawyer. If I can help answer any questions please call my office and I’ll be happy to discuss the particulars of your case.

In defense of the citizen accused,
~ Frank Lannom (Donnavon Vasek Contributing)
Lannom & Williams Attorneys

LANNOM & WILLIAMS
137 Public Square Lebanon, TN 37087
Via Phone: (615) 444-2900 Via Facsimile: (615) 444-6516 Toll Free: (866) 820-4457

 ____________________________

NASHVILLE LOCATION
511 Union Street, Suite 1850 Nashville, TN 37219
Via Phone: (615) 313-3999

Lannom & Williams Is Your Solution

No matter if you’ve been charged with a crime, injured at your job or in an accident, or if you’re facing the life-changing prospect of divorce, you need a team of experienced aggressive attorneys who will fight for your rights, your recovery, and your freedom.

Let us help you.

The solution to your problem is just a phone call or a click away. Give us a call at (615) 444-2900 or just complete this short contact form to schedule your free consultation with one of our attorneys.



X Close Window