Author Archives: tsclaw2209
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Crimes are never automatically expunged
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.
Gun permit quickly approved
Client hired me three weeks ago. There were some issues with his references and it was looking like it was going to be a big problem. Three weeks later, there is no longer a problem and the permit was approved! Just another day in the office for me.
Press picks up on increase in permit applications
Interesting article about how Obama’s election has caused many to buy guns now ahead of a possible clamp down. The article only focuses on Morris County but it is still interesting. Check it out here.
Denied by NICS?
I’m sure you know what NICS is as my clients are rather well informed.
Oddly enough, you can be granted a permit but NICS can still give you a deny message when you go to the gun store. A deny message from the NICS indicates that either you or another person with a similar name and/or similar descriptive features has been matched with either federally prohibitive criteria or state law.
You will probably be denied if you are or have you been:
- Convicted in any court of a crime punishable by imprisonment for a term exceeding one year, or any state offense classified by the state as a misdemeanor and punishable by a term of imprisonment of more than two years?
- Under indictment or information for a crime punishable by imprisonment for a term exceeding one year?
- A fugitive from justice (the subject of an active criminal warrant)?
- An unlawful user of or addicted to any controlled substance?
- Adjudicated as a mental defective or involuntarily committed to a mental institution?
- An illegal or unlawful alien; or a nonimmigrant who fails to meet certain exceptions to possess a firearm?
- Discharged from the Armed Forces under dishonorable conditions?
- A renouncer of U.S. citizenship?
- Subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?
- Convicted in any court of a misdemeanor crime of domestic violence?
There are a number of issues that come up. One of them is identity theft. Luckily, I am one of the few attorneys that I know that handle identity theft. I can also handle an expungement if that is necessary. If you have been denied by NICS, give me a call.
202 days for a permit in Ocean County
Guy called me up a while ago to inquire about a permit in a town in Ocean County. He decided to handle it himself and he just emailed me to let me know that he finally got it. Took him 202 days. That’s actually not too bad considering some people have called me to say that it has been 14 months with no news yet.
Off topic: New website
Check out my new divorce site – www.newbrunswickdivorceattorney.com
A denial is a denial (and time for an appeal)
Client called me today about a denial letter that he just got in the mail. He had a case that was expunged in another state but the police see it another way. I explained that he has to file an appeal if he wants to fight it. He thought this was odd since the police already had the information. So, he thought that he could just explain this again.
The reason I have this blog is so that everyone can get an understanding of how NJ is when it comes to gun permits. With nothing in your past, it can be tough to get a gun permit. With anything they can use against you, it can be even more difficult. This state does not want you to have guns. Bitch and complain all you want, its not going to change now matter how much you wanted to quote Heller or whatever other case or law. We just have to learn how to work within the law as it is.
So if you get a denial, it is probably too late to do anything about it at that point. I don’t know of a case where the police denied a permit and then changed their mind without filing an appeal. Maybe it has happened once or twice but you should know that the State fights against these appeals very hard. Thus, it is unlikely that they will change on a dime.
Bottom line: if you get a denial, it is a denial and if you want to fight it, you need to file an appeal.
Will number of denials spike with new law?
Unless you live under a rock, you know that Corzine finally got to sign that law that limits honest people to buying one handgun per month. Of course, it wasn’t possible to buy 13 a year now anyway, but 13 is now the limit. (Yes there are 12 months but the way it works out is up to 13).
More importantly however is that gun rights in New Jersey has taken a big step back. Thus, I’m afraid that denials will spike and that they have actually already started. I’ve been very, very successful with the many gun permit applications that I have handled. However, I have noticed an increase in the amount of denials that other people have had.
It seems like no matter what I do, my service is not getting out there until it is too late. As a result, the amount of calls I have received for appeals has really jumped over the past few weeks. I doubt this will slow down any time soon. As if it wasn’t bad enough, some police departments won’t even give a reason for the denial!
I’ll keep fighting the good fight and blogging about it.
Retired NYPD Officer gets his carry permit
You would think that law enforcement looks out for each other right? Not so in New Jersey. Retired police can apply for a carry permit and almost all are granted. However, retired NYPD officers have faced an uphill battle in getting their carry permits because the NYPD refuses to endorse the New Jersey State Police form. Without this form filled out correctly, they don’t care who you are. So much for that blue line huh?
Never one to just give up, especially for New York’s finest, I spent that past few months helping out a retired NYPD officer who was in such a position. I challenged the State Police’s rigid application of this law as he met all other qualifications and had no disabilities preventing him from getting the permit. Instead, this was a technical denial. I also argued that their position was absurd as he could carry in New York but not New Jersey.
I also got nowhere for weeks as his file was lost in the court system. I finally got fed up and sent a rather stern letter to the judge. As he put it, my letter really ticked him off. While that may be, guess who was happy? My client. Within days of sending this letter, I was in court and his permit was approved. I may have upset the judge a little but I got the job done. With all due respect to the judge, I am a hired gun and I have to do what it takes.