I’m an avid gun rights attorney. In my practice, I strive to make sure all of my clients know exactly how their gun rights are affected while being charged with a crime and how any resolution will affect their gun rights. I take the loss of a person’s gun rights personally. From my vantage point, owning a gun in today’s society is essential. The 2nd amendment was drafted for the people to hunt and to protect themselves – not just against burglars in the night. The Framers of our Constitution intended to protect each individual’s right to keep and bear arms, and to guarantee that individuals acting collectively could throw off the bondages of any oppressive government which might arise. Thus, the right envisioned was not only the right to be armed, but to be armed at a level equal to the government. As lawmakers pass hundreds of new laws each year, gun rights become more restricted with each legislative term and frustrate the Framers’ intent.
The Tennessee Legislature has forgotten the meaning of “innocent until proven guilty.” They have placed many restrictions on individual’s gun carry permits that have been alleged to commit a burglary, a felony drug offense, or a felony offense involving violence or the use of a firearm [Tenn. Code Ann. § 39-17-1352 (e)(1)]. You read that right – alleged – not convicted. This suspension of a person’s carry permit is even applied during the period of diversion for the applicable offenses. Again, no conviction. Even more concerning, if you are convicted of a class A misdemeanor, it is required that the permit be surrendered to the Court for the term of the sentence imposed by the court, being eleven months and twenty-nine days [Tenn. Code Ann. § 39-17-1352 (f)(1) and (2)]. With more and more laws being created giving the Government more control, they are likewise restricting your Second Amendment right for small offenses. Something like a small joint or grinder puts more than just your criminal history and freedom at risk.
If you have been charged with a criminal offense and value your gun rights, contact my office to discuss your options.
Donnavon Vasek