I’ve had plenty of people call me and say its been a year since they applied without an answer. I’ve even had people call up and say its been 18 months. Today, a client hired me and she has been waiting 2 years! It sounds pretty crazy but this is what is out there. Hopefully we can get this cleared up right away for her.
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!
File this one under “you can’t make this stuff up”. Guy applies for a gun and the Detective sends him an email (which he forwarded to me) saying, please let me know when you can pick up your permit. In other words, your permit is approved. When he calls to pick up it up though, he runs into some kind of snag. He goes to hire me (on Monday) but before he signs the fee agreement, he talks to the Mayor of his town and everything is smoothed over. Calls were made, everything will be worked out by the end of the week. No need for me which is great. Job is done, right. Calls me today (Thursday) and he was denied! You guessed it, public health, safety and welfare. Now he either has to pay thousands to hire an attorney to appeal or pretty much give up on his second amendment rights.
Also, as far as I know, there is nothing in his background that would prevent him from obtaining a permit.
Just got another gun permit approved for a client. There were some problems with the client’s references but when my secretary informed them of the 30 day rule, they just called the references instead of waiting for the mail. If only they were all that easy.
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.