Kentucky Firearm Instructors And Tennessee Handgun School Are Charged With Mail Fraud

    Within the last two months, six Kentucky state certified firearm instructors were indicted for "mail fraud" by the U.S. Department Of Justice, and two more individuals who are not Kentucky instructors, were also charged.   Another person who was questioned in Kentucky was found dead with an apparent gun shot to the head.  Lewis E. Wesley was questioned by state and federal investigators regarding certificates he issued.  Soon after he met with the investigators, his body was found in Frankfort, Kentucky.  The medical examiner issued a statement that he died of an apparent self-inflicted gunshot wound.  All the indictments stem from allegations that the individuals issued training certificates without conducting the mandatory training.

    On May 2, 2002, the U.S. Department Of Justice issued an indictment against a Tennessee "certified" handgun school. Timothy W. Lowrance, a resident of Newburn, TN, pleaded guilty to information charging him with conspiracy to commit mail fraud in violation of Title 18, United States Code, § 371.   The information further charged that the members of the conspiracy provided certificates signed by Lowrance, which indicated that an applicant had passed the safety course  to individuals who had not taken and passed the course.  The conspiracy operated from December 2000 to June of 2001. The handgun school operated by Mr. Lowrence was the West Tennessee Handgun Permit School.   

    Kentucky and Tennessee laws require individuals who desires to be legally armed, first participate in and pass a state certified firearm course.  The minimum time allocated to complete the course is eight hours in both states   Kentucky and Tennessee certify the instructors who conduct the training courses.   When a person takes the course and successfully passes all the requirements, they receive documentation that they have completed the training requirements. These documents are issued to the instructors for their signatures when a person completes the required training.

    Without completing the training course, a person is not eligible to submit an application to receive a Kentucky CCDW (carrying concealed deadly weapons) license, or a Tennessee handgun permit.  It is alleged that all of the individuals who were indicted, sold the certificates without making the person complete the required training.  Because a Kentucky CCDW license and a Tennessee handgun permit are sent by the postal service when issued, a federal violation of mail fraud was issued by the U.S. Department of Justice.  The maximum penalty for the charge issued is five years in prison and a $250,000 fine. 

    On June 3, 2002, Sherry and Randall Justice of Pike County Kentucky, were charged with mail fraud.  The couple pleaded guilty to the charges.  They will be sentenced on September 3, 2002.  Gerald W. Murray of Russell County Kentucky, pleaded innocent to similar charges.  His trial was set for August 6, 2002.   District Judge Joseph M. Hood ordered    Mr. Murray to not contact individuals he had certified as being properly trained as the regulations dictate.   Assistant U.S. Attorney Mark Wohlander said the people are likely witnesses against Mr. Murray.

    Two of the instructors charged in Kentucky were Floyd County Deputies. The deputies, Ricky Thornsberry and Herman Morris, have pleaded guilty to the charges.   Their attorney Neil Pillersdorf told the Courier-Journal newspaper; "that they had agreed to plead guilty and that sentencing guidelines would allow them to serve one to six months, and that federal prosecutors had agreed not to oppose probating the sentences."

    Kentucky authorities have stated that there may be as many as 3,000 individuals affected because of inadequate training.  Only 120 CCDW permits have been seized because of incomplete training requirements.  The Tennessee Department of Safety did not have a number yet of how many handgun permits might be affected.

   Because of the Kentucky incidents, all further training of instructors will be done by the state of Kentucky versus private trainers and to prevent problems in the future, the state Justice Cabinet announced it would overhaul procedures used to monitor how the permits are issued.   Currently in Kentucky the application is submitted to the Sheriff in the county.   In Tennessee, the applicant must bring the "completion certificate" of training to a Tennessee driver license station to submit an application, be fingerprinted, have their photo taken, and pay the fee.

    The Kentucky fee is $135 for a first time applicant for a Kentucky CCDW license.  Out of this $135, the state receives $25, the Sheriff receives $50, and the instructor $50.  The cost for the training is included in the $135 fee  Every five (5) years a CCDW license holder can renew for $60. 

    The Tennessee handgun permit fee is a bit higher.  The average cost of a handgun school in Tennessee is currently $92.   When the applicant completes and passes the mandatory training requirements, they pay the state of Tennessee $115.   The state of Tennessee disperses $24 to the Federal Bureau of Investigations (F.B.I.), $39 to the Tennessee Bureau of Investigation (T.B.I.), and keeps the balance of $52.  When a handgun permit is renewed in Tennessee the cost is $50 for another four years.

   Kentucky currently has issued about 73,000 CCDW licenses, and  Tennessee has issued about 120,000 handgun permits.  Kentucky has about 753 state certified instructors who conduct the mandatory CCDW course.   Tennessee has fifty-four public handgun schools [law enforcement departments or higher education institutes], and 113 private handgun schools [non-law enforcement or institutes of higher education]. 

    One aspect that has been brought to the surface because of the recent indictment of the "private" Tennessee handgun school, is that only the "private" schools are subject to the regulations and penalties if the regulations are violated.  The Tennessee Department of Safety when they wrote the regulations for the handgun schools, made their first regulation that they would NOT regulate any law enforcement organization.  The "private" schools contend that if both the "private" and "public" sectors are conducting a certified handgun permit course, they should both be subject to all the regulations and all the penalties.  This is an issue that is a hot button for some of the Tennessee handgun schools.  It is especially hot now that a "private" school has been sanctioned because of the recent indictment.  

    A Tennessee firearm instructor who did not want to be named in the article because of concerns about the issue said; "If a Sheriff is not subject to the regulations than why should we be held accountable?   The only reason why regulations are put in place is to establish "standards".  This means that everyone is subject to the same training in the permit course.  If one sector is not subject to the regulations, than you can't have standards."  "If the school that was indicted just sold the certificates without any training, they should be held accountable.  It is not the same with a "public" school.  If a Sheriff wanted someone to get a handgun permit, they could give them the certificate, and he could not be charged since the "public" sector is not subject to any regulations."  "What if a "private" school only met three hours on the range because of bad weather, lightening, or for whatever reason.  They are in violation of the regulations because they are one hour short on the mandatory four hour gun range provision, and could face some type of charge.  If a Sheriff or Chief of Police decides to conduct a handgun permit course, they do not have to conduct the same type of course, or the same time requirements that I am required to conduct based on the regulations of the Department of Safety.  I am not saying that any law enforcement department is doing anything wrong.   What I'm saying is that if we are all suppose to be doing the same training, make the training requirements mandatory for both the "private" and "public" sectors.  This is only fair"  END