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Just got off the phone with a nice guy who was denied a purchase permit in the Cape May County area even though he did not have anything on his record except for a bunch of fake charges that were all dismissed!  It seems like denials have gone up or just that more people have called me with denials.  I just don’t remember talking to so many people who have been denied a purchase permit in such a short period of time.

 

This was a great victory as it took almost a year to achieve. Client had an assault incident as a juvenile. As a result, his local police chief denied his gun permit application. Then he hired me. While my client was still young, it was several years after the incident and the victim did not oppose his gun permit. Nevertheless, the State did. The court permitted me to put the case on hold while I get some more evidence to support my case. About six months later the case returned to court. This time, I was armed with more evidence on my side. The State still refused to consent to the application. However, the Court sided with me and the client was granted his appeal.

 

Guy called me yesterday because his gun permit application was denied. He has no convictions and his only criminal issue was a marijuana charge which was resolved by way of a conditional discharge. In addition, he successfully completed the conditional discharge program. Nevertheless, he was denied. His first question was, how is this legal? It is because they can use anything in your past regardless of a conviction or whether it was even reported to police to deny your permit. His second question was, why didn’t I use you in the first place?

My client, a Peace Officer (which is different from a police officer) was denied a carry permit due to an arrest from many years ago that he did not disclose on his application.  Of course, he didn’t have to but the police denied him one anyway.  He hired me to file an appeal and the prosecutor quickly realized that I was correct.  The prosecutor called up the police chief who issued the denial who admitting the mistake and subsequently approved the permit.  As a result, the appeal was moot.  Another nice victory!

I’ve been so busy that I haven’t had the chance to update the blog.  I’ve been able to get several more permits approved in the past few weeks.  One was pretty tough as the cops were giving my client some problems.  A detective called me and left a message.  I left him a message and he never called me back.  I was getting worried that they were stone walling me but after a few days, they advised me that the permit was approved.  I was ready for a fight,  but none was needed.

It just never ends.  Client called me today who had a charge against him in NY from the 70′s which was dismissed.  He applied for a FID about a year ago.  They have made him  get records from the court and now they want police reports.  They are also pulling his DMV records.  Its one thing after another and there is no end in sight.  He hired me today and I look forward to getting into this one.

Here’s an (edited) email I just got:

I applied for a gun permit the last week of august of 2009.  After no reply from the police department, I contacted them on four different occasions from October, until finally on December 11th, I was told it was on hold because of a DV claim against me from 1995. Those charges were dropped and the lawyer who represented me even sent the chief the outcome of the case.  I still heard nothing so I stopped there on December 23rd and the chief would not even talk to me, and told the clerk to tell me not to call them, they would call me. This is ridiculous and I was wondering if there was anything I could legally do. 

It is quite possible that, even without the DV issue, they would still stonewall you.  This  is the reason why I started this blog and the representation that I offer.  I don’t put up with this garbage and as an attorney, the police usually take notice and respond to me.  When they don’t, I know how to get their attention.  Without resorting to hiring an attorney, I don’t see much you can do.  If I had been in this case from the start, the permit would have probably been issued months ago.

A little too busy with trials to update the blog in the past few weeks.  However, I’m happy to report that gun permits for several clients  were approved very quickly once we got into the case.  In fact, one client had his gun permit approved within days.  It happened so fast that he thought it was a trap since he thought it would be impossible to get it approved that quick. 

This has been a great 2009 for law-abiding citizens and I hope to continue this success into 2010.

New website

Within ten minutes, I received two calls from clients that want to apply for a gun permit but are concerned because they have prior arrests.  They were surprised to learn that even though their New Jersey criminal charges were dismissed, the police can still use the  arrests against them. 

They were even more surprised to learn that these cases were still on record since they thought that in New Jersey, a dismissal resulted in an automatic expungement.  In my office, a good percentage of my expungements are for dismissed cases.   Without an expungement employers, schools and police can easily see the arrests and then inquire further. 

With an expungement, police reports, court records and your record are wiped clean so that it is as if the arrest (or conviction) never happened.  When it comes to expungements and gun permits, I charge my fee for the expungement and do the gun permit for free.  Just my way of providing a good service for the best possible price.

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