Online Exclusive: Tom Givens: Handgun carry permits: Separating facts from fiction.

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Handgun Carry Permits: Separating fact from fiction
By: Tom Givens, Rangemaster owner and chief instructor

The current Handgun Carry Permit system has been in effect since 1996, and there are currently approximately 270,000 permit holders in the state. Of these, about 35,000 reside in Shelby County. This situation is not unique to Tennessee; quite the opposite. Forty-eight of the fifty states have handgun permit systems, allowing qualified citizens to carry handguns for self defense. The right to self defense, the right to defend one’s own life and the lives of loved ones, is the most basic civil right, and this is recognized in all but two states in the US.

What is a Handgun Carry Permit for? It’s important to define terms, and the two terms involved here are “transporting” and “carrying”. “Transporting” a handgun implies moving it from one location to another for a lawful purpose. An example would be taking a handgun to the firing range for practice, or to the field for hunting. To legally transport a handgun without a permit, the gun must be unloaded and inaccessible to the owner. For instance, the handgun is unloaded, in a case, in the trunk of your vehicle, and the ammunition is in a separate container, as you drive to the range to practice. That gun is being transported. To “carry” a handgun means to have it accessible to you, whether on your person, or within reach in your vehicle. For this, you must have a Handgun Carry Permit, issued by the state Department of Safety. Carrying a handgun, anywhere, without a permit is a crime.

To obtain a Handgun Carry Permit, an applicant must first complete a state certified handgun course, at a state licensed school, at his own expense. The curriculum in these schools is set by the state, and students must pass a written examination and a shooting test. The course must be eight hours in duration, and applicants must pass both the academic and performance tests in order to obtain a certificate. The student then takes his certificate to a Department of Safety driver’s license station to file a multi-page application and pay another fee. The student will then be fingerprinted, and a background check conducted by the TBI. If the applicant’s record is spotless, he will then be issued a permit. A number of things disqualify an applicant from getting a permit.

Applicants for a Handgun Carry Permit must be at least 21 years old, can have NO felony convictions in their lifetime; can have NO misdemeanor convictions involving domestic violence in their lifetime; can not have had two or more DUI convictions in the past five years; may not have EVER been committed to a mental institution; and may not be the subject of a restraining order involving violence or stalking. This is all verified by running the applicant’s fingerprints through both a TBI and FBI search.

Once the permit is granted, it allows the holder to carry a handgun for personal self defense anywhere in the state, with certain restrictions. Even with a permit, the holder can not legally carry into a school; the secured areas of the airport; any courtroom or judicial proceeding; into certain federal reservations, such as military bases and federal office buildings; or into any building where the owner/manager posts the property as a no-gun zone. Property owners, including stores and restaurants, can prohibit guns by simply placing a sign at every public entrance announcing that policy. Permit holders then have the option of leaving their gun in the car, or not patronizing posted businesses.

The handgun carried pursuant to this permit system is strictly a last resort to protect innocent human life. It may not be used to threaten or intimidate others, unless in a case of legitimate self defense, where the aggressor is threatening the use of deadly force. “Deadly force” is any type or degree of force that a reasonable person would expect to cause death or serious bodily injury (broken major bones, prolonged unconsciousness, major disfigurement, or the loss of use of a limb or organ). In the case of lesser threats, the use of verbal de-escalation, OC (Pepper Spray) or empty hands defense would be required. The law only allows use of the handgun to terminate an immediate deadly threat to the permit holder or innocent third party. Unfortunately, this response is sometimes required to keep the permit holder or other innocent citizen from being killed or crippled. Since 1996, 54 Rangemaster students have successfully used a handgun to defend themselves or family members against unlawful assaults, involving armed criminals. We average four such incidents per year, although we have already had three so far in 2010. In each of these cases, the legally carried handgun kept a decent citizen from being killed or crippled. That is the purpose of the Handgun Carry Permit system.

Tom is the owner and chief instructor at Rangemaster, a full time firearms school in Memphis, TN, since 1996. Rangemaster has trained over 30,000 students at the home range, and Tom conducts classes all over the United States in both defensive handgun and shotgun courses. Givens is certified as a firearms instructor by the NRA, the FBI, and the state of Tennessee, and he often works as an expert witness in state and federal courts all over the country in cases involving firearms and firearms training.

Givens is the author of five published textbooks, including Fighting Smarter plus about 100 magazine articles in Concealed Carry Magazine, SWAT Magazine, Soldier of Fortune, and others. A former competitive shooter, he holds a Master rating in three IDPA divisions, and has won state and regional championships in both IPSC and IDPA competitions. He has been heavily involved in firearms training since the 1970’s.

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