For some reason, a lot of people like to read extra information into the application. The application is very straightforward. Most of the question start with “have you ever…”. Thus, ever means at any point in your life. There is no time limit although many want to take issue with how much time has passed between one event or another and today. This is how people run into problem. Accept the fact that ever really does just mean at any time.
Likewise, question 26 is broad enough so that if you saw anyone with an MD about any mental health issue, you will likely be denied unless someone writes you a letter. Again, there is no time frame here. It doesn’t matter how long ago this was. It doesn’t matter how brief it was that you saw this doctor. It doesn’t matter that the situation has been resolved. It also doesn’t matter that you were never prescribed any drugs.
Finally, why would you think that your juvenile record was sealed or otherwise hidden in some fashion automatically? Wouldn’t that make this question pointless if this were true?
If you don’t read any extra info into the application, you’ll be much better off.
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.
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.
Potential client called me today to inquire about my services for a denial of a purchase permit. He had a drug paraphernalia charge from a few years ago. This is a very minor crime so you don’t think that this would be an issue right? Wrong! The police interviewed him and afterwards, they denied him (most likely due to his statements regarding his drug use). Moral of the story? Speaking to the police on your own, at any time, may be a very bad idea. I do a ton of gun permit applications and I don’t remember any of my clients being interviewed by the police. If they request an interview, my guess is that they are looking for information that they can use to deny you. If you were interviewed by the police but you still got your permit approved, share your story by posting a comment below.
The gun permit application in New Jersey does not mention dismissed charges. So, a lot of people think that their applications will go through without a problem. Well at least some of them (if not many) are wrong. A guy just called me up yesterday who got dismissed for a dismissed domestic violence charge. He couldn’t believe that he got denied. He was shocked to learn that the police can “look behind” the complaint and dismiss based upon the facts as alleged even though they were not proven.
An expungement would have really helped him out. However, depending on the facts of the case, I could have probably helped him get the permit without even getting an expungement. Now he is trying to decide if he wants to drop a few thousand on an appeal. Lesson here is don’t let the application fool you. You can get denied even if you can legally answer all the questions the right way.
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.
This was a great case. Really nice guy looking for a gun permit was getting problems from his local police department for months. He hired me last week and today, he had his permit. I wish they were all this easy, but that’s not the case.
Client called me up today because he was denied a gun permit for a conditional discharge that he had a few years ago. Naturally, the question you will ask is how can they do this if he was not convicted. Wake up! They did it. Stop asking how and ask how can you prevent this garbage from happening to you.
The solution? Call me before applying for a permit. Otherwise, you risk getting denied like this guy did. Then if you want to file an appeal, you are going to have to pay a lot more. I know I’ve said this a million times, but so many people are not getting this, so I will keep repeating myself until it sinks in.