Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Posted: 11/3/2009 2:06:08 PM EST
Greetings,

I am a friend and co-worker of Madczek, who has been a member of this site for many years and he suggested I post on this site for some assistance. When I applied for a firearms carry license here in Georgia where I live, the NCIC returned a "hit" on the following charges but listed no disposition. Without the disposition, Georgia can't issue a license to me. I was arrested in Shelby County on February 1975 for reckless driving, disobeying a stop sign and possession of marijuana with intent to sell. When I was arraigned after 3 days in the county jail, the charges were dropped to simple possesion and I was fined $75.00, and given 11 months 29 days probation. I was told that this would be expunged from my record after the probation if I kept my nose clean.

I am a retired Navy vet (retired in 1994 after 20 years), served in the gulf war and honorably discharged. I never had any priors, I was a decorated Sailor, I held a top secret clearance for several years in the Navy. I have been the praise and worship leader in my church for almost 10 years and passed the background investigation to work with the children of our church. Happily married for 23 years. I have made numerous calls to the General sessions court in Memphis to no avail. Nor was the prosecutors office willing to help me.

The Judge here in Georgia said even if they get a disposition and it states that I was convicted of even simple possesion, the they will not issue a license. She said Georgia has a lifetime ban on licenses to anyone convicted on any drug offense.

I was wondering if anyone might be able to refer me to an attorney in or near Memphis who may be able to help me. At the very least I think a disposition should be included with the "hit" in the NCIC database. I am now required to file within 60 days to the court here in Georgia a certified copy of the arrest reports and a certified copy of the judge's Orders regarding the same charge...or...a letter on the appropriate prosecuter's letterhead which indicates that the above charge will not be persued by their office.

Is there any possibility this 34 year old charge can be expunged or adjudicated? It was a stupid mistake as a teenager.

I would welcome any advice and am happy to pay a fee if required, to talk to a member of the Tennessee Bar.

Thank you for taking the time to read this. I can provide my contact info upon request.
Link Posted: 11/3/2009 3:10:52 PM EST
I feel for you. I was arrested in 1998 for not returning movies to the video store, long boring story. It was a misdemeanor, I returned them, court supervision and as far as the state of IL is concearned it never happened. But Every time I buy a gun or apply for a permit, it comes up only as I was arrested for theft. So it slows everything down. I always get delayed for at least a day, while they call the jurisdiction and check on it. You have a couple of recourses, you can hire an attorney and get it expunged from your record. That would be the best course of action and shouldn't be to difficult. You can get a copy of the original dissposition and submit that, your finger prints and $20 tp NCIC and get the reccord ammended to the correct charge. Or you can move to a state without a lifetime ban. I do not belive Florida has a lifetime ban, you may be able to get a non resident FL permit and cary in GA with it. Thopugh most states require you to have a permit in your home state GA may not. What is GAs reciprocity like? Some states if you move there with a permit from another state they atumatically issue a new permit. Perhaps you could get a FL permit and transfer it to GA that way.

As far as Georgia law goes I am of no help. But I would immagine unless you get it expunged that you will stil have a drug offense on your record and therefore be unable to get a permit in GA.

As far as lawyers go you could contact the Memphis VA office sometimes they have lawyers that will work on cases for vetrans free of charge. I would immagine it's just a matter of filing the paperwork to get something that old expunged.
Link Posted: 11/3/2009 3:26:00 PM EST
the dropped charges disoposition will need to be handled by the shelby county court clerk.

the simple possession will need an expungement. You will need an attorney. The attorney can help with the disposition.

lifetime ban for misdemeanor? total BS. how the hell is that legal? GA needs a 2nd A movement.
Link Posted: 11/3/2009 3:51:18 PM EST
Hey guys, this is my friend and I had him join this site as he's "rediscovered" his love of firearms recently (well, he never lost it, just buying a bunch of more stuff recently, ha), and I hope someone out there can help him.

He's the epitome of "Good People". I usually hit it off with other combat veterans, but this guy is truly a really, really Good Man.

Thanks in advance.

Joe
Link Posted: 11/3/2009 4:13:16 PM EST
Trying to get anything useful done in the courts here in Memphis/Shelby County is ridiculously difficult without a lawyer. The courts can barely keep up with 6 month old charges, let alone 34 year old ones. You might even call the NRA and see if they know of any pro 2A lawyers here that can help. Sorry I don't know of any.



Any Memphian who has not been to General Sessions Court, lower level of 201 Poplar around 9:30-10:00 AM on a weekday, really should go at least once. It's an eye opener.
Link Posted: 11/3/2009 5:18:01 PM EST
[Last Edit: 11/3/2009 5:21:28 PM EST by DavidLewis]
Contact John Harris of the Tennessee Firearms Association. If he's unable to help you directly (which may be true in this instance),
he can likely suggest an attorney in Memphis for you to contact.

I''ve sent you an IM with his contact information.

David
Link Posted: 11/4/2009 5:56:09 AM EST
Originally Posted By kennymc80:
Trying to get anything useful done in the courts here in Memphis/Shelby County is ridiculously difficult without a lawyer. The courts can barely keep up with 6 month old charges, let alone 34 year old ones. You might even call the NRA and see if they know of any pro 2A lawyers here that can help. Sorry I don't know of any. Any Memphian who has not been to General Sessions Court, lower level of 201 Poplar around 9:30-10:00 AM on a weekday, really should go at least once. It's an eye opener.

I had to go for a speeding ticket, you'll defiantly see Memphis's finest there.
Link Posted: 11/4/2009 8:58:31 AM EST
Originally Posted By DavidLewis:
Contact John Harris of the Tennessee Firearms Association. If he's unable to help you directly (which may be true in this instance),
he can likely suggest an attorney in Memphis for you to contact.

I''ve sent you an IM with his contact information.

David


+1for TFA, it is a great site

Link Posted: 11/4/2009 4:03:57 PM EST
I don't think you need a "firearms" lawyer, you just need a good lawyer to get the conviction expunged. In Tennessee they will not issue a permit to anyone who has been convicted of any felony drug possesion (ag opinion). I know you said you only had a misdemeanor and this is a felony, but GA may be different.

If you do want a firearms lawyer I think Patrick Stegall (901-526-7770) practices "firearms" law in Memphis.
Link Posted: 11/4/2009 5:11:56 PM EST
Thanks very much for the info and the ag piece. I will call Mr. Stegall in the morning.
Link Posted: 11/5/2009 10:12:28 PM EST

Originally Posted By kennymc80:
Trying to get anything useful done in the courts here in Memphis/Shelby County is ridiculously difficult without a lawyer. The courts can barely keep up with 6 month old charges, let alone 34 year old ones. You might even call the NRA and see if they know of any pro 2A lawyers here that can help. Sorry I don't know of any.



Any Memphian who has not been to General Sessions Court, lower level of 201 Poplar around 9:30-10:00 AM on a weekday, really should go at least once. It's an eye opener.
as a young child i could point out 201 poplar on a cityscape picture. it has been a lifelong goal of mine to never go there for ANY reason.

Top Top