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!
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…
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?
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.
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.