NJ Gun Permit Attorney » jefhenninger

Judge denies gun permit for Sussex County pet supply store owner who was mistakenly kidnapped

jefhenninger — Mon, 28 Mar 2011 22:18:19 +0000

A Sussex County pet supply store owner, who was the mistaken-identity victim of a kidnapping by five Missouri men, today lost his second attempt to get a permit to carry a handgun. Superior Court Judge David Ironson, sitting in Morristown, rejected an appeal filed by Jeffrey Muller of Frankford, owner of J&G Pet Foods in Newton, who sought to overturn last year’s decision by another judge in Morristown, Philip Maenza. Echoing Maenza, Ironson said Muller failed to provide “proof of justifiable need” to carry a handgun and said he should take his case to a state appeals court. Muller is also pursuing a federal lawsuit in U.S. District Court in Newark that seeks to overturn the decision.

In an interview after the hearing, Muller said he needs to carry a handgun because “there’s the potential” of the five kidnappers’ family members “coming after me to get revenge.” Authorities said the five Missouri men abducted Muller on Jan. 8, 2010 from his store in Newton, believing he was another Jeffrey Muller, a New York money broker. Four of the men were allegedly trying to help suspect Roy Slates recover $500,000 he had lost to the other Muller in a failed golf course development deal in Utah. Muller escaped from his captors after their car broke down in Lake Ozark, Mo.

Slates has been released from prison after pleading guilty and has returned to Missouri, while the other four suspects are being held as they await trial in Sussex County. During the court hearing, Muller’s attorney David Jensen said he pursued the appeal because Maenza didn’t hold a formal hearing and because the state police had approved Muller’s permit to carry a handgun, which normally would prove persuasive to a judge.

Afterwards, Jensen said he will continue to pursue the federal lawsuit but hasn’t decided if he will take the case to the New Jersey appeals court. In the earlier decision, Maenza said there was “no justifiable need” for Muller to carry a handgun, because his kidnappers had been apprehended and “there is no longer a threat of serious bodily harm.”

I highly recommend that Muller file an appeal with the Appellate Division. Since the State Police approved it, a Court would have a tough time arguing against them without any other evidence. It also assumes that these suspects will be convicted or that they can’t send anyone else after him. Hit sets a new standard that you have to be the victim of a crime AND the suspects have to remain at large.

Story is here.

Gun Permit Denial for Falsification Reversed on Appeal

jefhenninger — Fri, 25 Mar 2011 18:08:55 +0000

New Jersey Gun Permit Denial for Falsification Reversed on Appeal

This was a tough one. I really didnt know which way it was going to go. My client had a juvenile record and some stuff when he was an adult. He got all of his adult convictions expunged and he though the juvenile record was expunged too. However, his attorney mistakenly thought that there was no point to do that because the juvenile records were sealed. So, when the client goes to apply for his gun permit, he checks off that he has no juvenile convictions. As a result, he gets denied.

Court’s can be tough on falsification appeal. It may be the most difficult issue to overcome since it often turns on the credibility of the applicant. Luckily, I prepared my client to testify and we brought out all of the positive stuff that he has been doing in his life over the last few years. The Court really kept me guessing because it waited a month to mail me the decision. Just got it an hour ago and I won hands down as the Court explained that my client was very credible.

I’m just not sure who is happier about this win, me or my client!

Gun Permit Approved in Park Ridge in 39 days…without an attorney!

jefhenninger — Sun, 06 Mar 2011 15:34:54 +0000

Thanks, to Dan for sending this in:

Jef, here is a follow up to a previous post here re: time frame for getting gun permits from and through your town Police Department/Chief of Police.

I received a call today and email (March 5, 2011) from our Firearms Unit Officer here in town, and my two permits are in and signed by the Chief, along with my updated New Jersey Firearms Purchaser Identification Card (needed change of address). The card was issued in 1973.

From the start of this process which included meeting with the Firearms Unit Officer of the department to today, has been a total (including weekends and holiday/Presidents Day) of 39 days.

Diligence on the part of the Firearms Unit department Officer and my own weekly follow up with the Officer, as well as a clean report(s) in all areas certainly played a big part in this turn-around, I believe Jef you requested I list the department…the department is in Park Ridge, NJ (Bergen County). The Officer and department are most professional and courteous, non-judgmental and supportive

Gun permit approved

jefhenninger — Wed, 02 Mar 2011 14:55:02 +0000

Just got word that another one of my clients had his gun permit approved. From the time I got into the case, it took about 50 days. I’m not sure what was going on with this police department but they had a tough time getting his criminal history. We kept up on them and they did get it. After that, he was approved in about 3 weeks. The client thanked not only my staff but my great staff that helped him out along the way.

When is an agreement not worth the paper its printed on (even if a judge signed it!)?

jefhenninger — Fri, 25 Feb 2011 01:47:29 +0000

Here’s another one of my crazy cases. One of my favorite clients was going through a nasty custody battle with his ex. She realize that we were boxing her in and that our victory was near so she filed false felony charges and a bogus restraining order against my client. I won the restraining order hands down and I used that transcript to get all of the criminal charges dismissed. Then we had to get the guns back. Based upon all of the good work I did with the rest of the case, the State agreed to give my client his weapons back. However, my client lost his FID card so he had to get another one. No reason to hire me right since there can’t possibly be any denial at this point right? WRONG!

Yup, he was denied. Reason? Due to the restraining order! Court order returning the weapons be damned. The worst part about all of this for the tax payers of this town is that instead of the Prosecutor’s Office handling the appeal, this town has the township attorney handle the appeal. In other words, the tax payers have to pay more for all this crap. I just got the discovery and they even have a copy of the prior Court order but they don’t seem to care. Case is pending, update soon…

Man gets gun permit approved but is then denied before he can pick it up

jefhenninger — Thu, 03 Feb 2011 21:28:32 +0000

File this one under “you can’t make this stuff up”. Guy applies for a gun and the Detective sends him an email (which he forwarded to me) saying, please let me know when you can pick up your permit. In other words, your permit is approved. When he calls to pick up it up though, he runs into some kind of snag. He goes to hire me (on Monday) but before he signs the fee agreement, he talks to the Mayor of his town and everything is smoothed over. Calls were made, everything will be worked out by the end of the week. No need for me which is great. Job is done, right. Calls me today (Thursday) and he was denied! You guessed it, public health, safety and welfare. Now he either has to pay thousands to hire an attorney to appeal or pretty much give up on his second amendment rights.

Also, as far as I know, there is nothing in his background that would prevent him from obtaining a permit.

Big Win: Retired Police Officer Wins Gun Permit Appeal

jefhenninger — Tue, 25 Jan 2011 01:29:25 +0000

This was easily one of the toughest gun cases I’ve been involved with for quite some time. The client hired me in September. He was a police officer but was hurt on the job so he had to retire. Some Workers Comp Doctor said that he suffered from all sorts of very serious mental health issues. Of course, nothing in the client’s history or present state of mind backs up any of that. Fast forward a few years. He applied for a purchase permit in the same department that he retired from but he runs into a ton of problems. He then hires me and we take action. However, it was a little too late as they were dead set on denying him regardless of what I said. They even went as far as to say that he was still crazy because he was acting bizarre when he showed up to check into the status of his application. So much for that blue line huh?

Luckily, we had some great experts on our side. The only bad thing is that they don’t have an interest in helping other people in future cases. Today in court, the Judge granted the appeal and my client will pick up his permit. I guess in some departments, when you retire, you are no longer one of them, huh?

Gun Permit approved in Toms River

jefhenninger — Tue, 18 Jan 2011 22:13:27 +0000

Happy to announce yet another gun permit approved this week. This client had some prior mental health issues so that could have caused a problem. However, we worked with the Toms River Police Department and his gun purchase permit was approved fairly quickly.

Point Pleasant Beach Attorneys

Evan Nappen, Esq. sets the record straight on gun control in New Jersey

jefhenninger — Tue, 18 Jan 2011 00:29:10 +0000

This is a great article. Evan Nappen, Esq. is a great advocate for all of us. Check out this article. Be sure to post and share it on Facebook so all of your friends can see it.

http://www.app.com/article/20110116/NEWS05/101160359/Gun-advocates-take-aim-at-NJ-restrictions-after-officer-s-shooting

Gabrielle Giffords / Tucson shooting prompts more gun control law in New York. Is New Jersey next?

jefhenninger — Fri, 14 Jan 2011 02:00:55 +0000

I try to stay out of national issues on this blog, but you can’t ignore the Giffords / Tucson shooting and its potential impact on the already insane laws of New Jersey. While there are no state politicians making any statements as far as I can tell, I figured I’d round up some of the news articles that discuss the issue from across the country.

Long Island congresswoman Carolyn McCarthy, who went into politics after her husband was killed by a crazed gunman, says she’s going to kick off that debate as early as today by introducing new legislation to keep these weapons out of the hands of the deranged. Story is at: http://blogs.villagevoice.com/runninscared/2011/01/carolyn_mccarth.php

Rep. Peter King said Tuesday he plans to introduce a new gun safety bill in Congress in the wake of the mass shooting in Arizona that killed six people and wounded 14 others, including Rep. Gabrielle Giffords, D-Ariz. King said his bill would make it illegal to knowingly carry a gun within a thousand feet of “certain high-profile” government officials. Story is at: http://www.foxnews.com/politics/2011/01/11/congressman-pete-king-introduce-gun-safety-arizona-shooting/

Gun control advocates say the immediacy of the Tucson shootings is key to pushing legislation now, before public outrage fades. “The NRA is doing what it always does, they want people to not talk about the issue, they want to delay until the collective state of excitement over the issue has gone down,” said Josh Horwitz, executive director of the Coalition to Stop Gun Violence.

Story is at http://www.google.com/hostednews/ap/article/ALeqM5jLNXY8-IFOZ2Y8Z44mXdz0b_GmxA?docId=901030dfbd1b468b98da7bf330dc5df6

Sen. Barbara Boxer (D-Calif.) on Tuesday called for tougher federal gun laws, including banning large ammunition clips and federal regulations on concealed weapons permits, in the wake of the shooting rampage in Tucson that killed six and left Rep. Gabrielle Giffords (D-Ariz.) gravely wounded.

Story is at http://latimesblogs.latimes.com/lanow/2011/01/sen-boxer-calls-for-tougher-federal-gun-laws-in-wake-of-arizona-shooting.html

The number of Americans who favor stricter gun laws has spiked significantly in the wake of the weekend shooting spree that killed six and left Rep. Gabrielle Giffords (D-AZ) in critical condition, reversing a long-running trend of declining support for more stringent gun control, according to a new CBS poll.

Story is at http://tpmdc.talkingpointsmemo.com/2011/01/cbs-poll-support-for-stricter-gun-laws-spikes-after-tucson-rampage.php

Fears of potential legislation that would limit the size of handgun clips in the wake of this weekend’s mass shooting in Tucson, Arizona, have led many gun owners to flock to gun shops to stockpile high-capacity magazines.
Read more: http://www.canada.com/news/Fearing+legislation+owners+snap+high+capacity+magazines/4093947/story.html#ixzz1AyDiQiSo

“The only reason to have 33 bullets loaded in a handgun is to kill a lot of people very quickly,” Lautenberg said Monday in a statement announcing the bill. “Before 2004, these ammunition clips were banned, and they must be banned again.”

A Hoyer spokesman was more certain that lawmakers would take a look at gun reform options, but offered no specifics about what those reforms might look like — or if they stand a chance of passing a GOP-led House.

Story is at http://thehill.com/homenews/house/137127-small-steps-in-moving-gun-reform

Couric: There are also laws that allow you to take concealed or non-concealed weapons and carry them with you at all times. Is that correct?

Dupnik: That is absolutely correct. That’s the height of insanity. I don’t know what else they can do. Maybe they could pass a law that would require that every child have an Uzi in their crib.

http://www.cbsnews.com/stories/2011/01/10/eveningnews/main7232585.shtml

Yet for a number of the gun owners who wandered among the hundreds of displays of shotguns, handguns and ammunition at the South Towne Expo Center on Sunday, there potentially was another tragedy lurking in the background. It centered on the fear the shooting could spark a new wave of gun control legislation that could threaten to undermine the right to keep and bear firearms.

Story is at http://www.sltrib.com/sltrib/home/51014451-76/gun-shooting-rifle-sunday.html.csp