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I was in Morris County today for a gun permit appeal.  This was one of those strange cases where the client should have never needed to call me.  His ex-wife filed a TRO against him back in 2005 when they were going through a divorce.  Around the same time, he got hit with a minor criminal charge that he was convicted of.  However, after getting some therapy, he was able to get his guns back.  No problem anymore right? 

Earlier this year, he moved to a new town in a new county and when he went to change his address on his FID card, they found this issue from 2005 and they denied him.  So, one Prosecutor’s Office said it was ok and now another one is going to say its not?  Yeah, that was what they were trying to do.  Luckily, I had a good idea as to how this was all going to play out so I advised the client to take some steps so that we can be on the offensive and I handed that information to the prosecutor today.  He then showed it to the judge and as a result, we won.  I made it look real easy since I didn’t have to say anything other than to put my appearance on the record.  While I was waiting to go into the court, a new client hired me for his gun permit appeal.  One case closes, another opens.

Finally, the end could be near.  While I enjoy helping all of you out, I wouldn’t shed a tear if my firearms business took an 80% hit overnight as a result of a great in turning that turns this BS system on its head.  Check out the Complaint here:

http://saf.org/legal.action/nj.lawsuit/complaint.pdf

We’ll see what happens.  If anyone gets any updates on this before I post them, feel free to post a comment and I’ll re-post it to update everyone.

If you needed more evidence that New Jersey’s gun laws are crazy, check out

http://reason.com/archives/2010/11/15/brian-aitkens-mistake/

Its been a good week.  I learned that 3 clients have had their permits approved either this week or last week.  One of these cases was rather easy but the other two were not.  One client had a bunch of problems with the police and he was very afraid that he would be denied.  Another client had a gun permit application in Newark which is always difficult to deal with. 

I would have had at least two or three more approved this week but there were a few snags that held up the process.  Instead of these clients being denied, the police are working with me to cure the defects in the application process.

My opinion of the law is that an expungement wipes away any issues that your criminal record could have created; at least as far as gun permits are concerned.  However, I have a  prospective client that applied without an attorney and he thought he was OK with his expungement.  Well the problem is that the police still knew about the crime so they denied him anyway.  Well if I get hired on the case, I’d really like to see how that holds up in court.

I cannot tell you to never speak to the police without an attorney, but you clearly do so at your own risk.  At least two clients called me this week that spoke to the police without an attorney and both were denied.  This may have happened to two other people but I didn’t get a chance to get the whole story yet.  One guy was actually told that the police needed to see him about paperwork but when he got there, it was about his criminal history as a juvenile.  Not only is this a problem with regard to the application but his statement can also impact his appeal as he has now boxed himself into a story.

Update March 12, 2011:  My client did get his permit right away.  However, check the comments.  Seems like this was too good to be true. 

I have a client that has a pending application with the Parsippany police department.  The Chief called me personally in response to my letter and I can tell you that he has to be one of the best Police Chiefs I have ever dealt with.  The fact that he would call me directly first of all is pretty amazing.  More amazing than that though is that he indicated that they are aware of the 30 day statute and that they do everything they can to move these applications ASAP and not let them build up.  So, if you live in Parsippany and you have nothing that will cause problems with your application, you probably don’t need my help to speed it up.  Of course, if your results vary, please let me know right away.

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