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| Posted: 18 May 2007 12:25 PM | ||
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just recieved a letter in the mail denying me of my firearms id card awhile back my wife and i had a few issues i was never charged with any crimes there was no physical violence anything of that nature the chief just said he would not feel comfortable giving me the right to buy a gun i contacted a lawyer said i can beat it no problem but would cost me 3500 i dont have thta kinda cash any suggestions? __________________ we may need more tissues! WAHHHH
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| Posted: 18 May 2007 12:38 PM | ||
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Hunt with a Bow 
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| Posted: 18 May 2007 12:42 PM | ||
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These issues must have been recorded somewhere Gene for the chief to make his decision. A lawyer may be your only alternative. Good luck. __________________ ´¯`·.¸¸.·´¯`·.¸¸.·´¯`·.¸ ><((((((º>
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| Posted: 18 May 2007 12:46 PM | ||
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| anytime the police is called, it is marked down as a possiable DV. There are a few officers I work with, that had there off duty firearms taken from them and also they can't work any armed post/trips/details, until it is cleared. In your case I could see you beating it, but a lawyer is needed | ||
| Posted: 18 May 2007 1:04 PM Last Edited By: bloodtrails | ||
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The Chief has no right to deny you based on feelings. If you have no record and qualify for a permit he cannot deny you.
Ask the Chief what other rights he feels you are entitled to, since he's now taken over the role of God... Are you a member of ANJRPC? If you are their lawyers can advise you. __________________ "To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress. Only a person free to choose to protect himself is truly respecting God's gift of life." Ted Nugent
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| Posted: 18 May 2007 1:05 PM | ||
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Quote:
just recieved a letter in the mail denying me of my firearms id card awhile back my wife and i had a few issues i was never charged with any crimes there was no physical violence anything of that nature the chief just said he would not feel comfortable giving me the right to buy a gun i contacted a lawyer said i can beat it no problem but would cost me 3500 i dont have thta kinda cash any suggestions? Sounds like he going to have your "record expunged" __________________ Former Vegan
There comes a point in your life when you realize who matters, who never did, who won't anymore, and who always will, so don't worry about people from your past; there's a reason why they didn't make it to your future  |
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| Posted: 18 May 2007 1:39 PM Last Edited By: OldCoot | ||
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If you don't have that kind of money for a lawyer, you can always do it yourself. Your denial letter should state where you would do your appeal, I believe your county's Superior Court, but you need to move quickly on it. You plead your case in front of a judge, only you would have to do the talking, not a lawyer.
The police chief is not basing his denial on your written application .... right? ... you have no convictions and no domestic violence court orders against you? ... ,the chief just has a hunch. A judge will want this "hunch" clearly explained. You will show the judge that there is no reason for his hunch. The first think you should do is get your official criminal record from the NJ State Police through the mail, $10 I think. To show the judge you have no criminal record. Having your wife there with you to answer his questions, in addition to something submitted in writing. Your work history, references, etc .... these are all things that as lawyer would present to support your character in court. But, do you know in your heart why the chief denied you? Did you threaten your wife with harm, did things get really ugly? They must of, if the police were called, right? Is there something in particular that is bothering the chief? You have to look the judge in the eye, and explain things. Police have lost the use of thier off duty weapons, etc...but they pleabargained and pleaded guilty to lesser domestic violence charges, and then after that the weapons laws were made more severe .... if I remember right. These are just a few thoughts I have. I never did an appeal, so take what I say with a grain of salt. But I did do my own expungement of two charges, in Superior court, so I could get a FID, and I did it without a lawyer ..... so I've been in the loop a little bit. If you guys are really hurting for money, help may be available free from New Jersey Legal Services. By any chance, are you a member of any gun clubs? There may be a lawyer familiar with NJ gun laws that will answer questions over the phone, free to members. Good luck, man. coot |
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| Posted: 18 May 2007 1:59 PM | ||
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| Do you have to apply in your home town? Why not just apply somewhere they don't know you so well. | ||
| Posted: 18 May 2007 2:14 PM | ||
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Quote: Yes, you have to apply where you live. If your community has no police force, you apply through the State Police.
Do you have to apply in your home town? Why not just apply somewhere they don't know you so well. |
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| Posted: 18 May 2007 2:16 PM | ||
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Do you have to apply in your home town? Yes, the town where you currently reside. Unless you have no town PD, then the nearest State Police barracks. __________________ "To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress. Only a person free to choose to protect himself is truly respecting God's gift of life." Ted Nugent
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| Posted: 18 May 2007 2:28 PM | ||
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The Chief has no right to deny you based on feelings. He has to know better than that blood..... At least I would hope...  __________________ ´¯`·.¸¸.·´¯`·.¸¸.·´¯`·.¸ ><((((((º>
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| Posted: 18 May 2007 2:31 PM | ||
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Yes, the town where you currently reside. Unless you have no town PD, then the nearest State Police barracks. I thought so, just making sure. You could always move...I'd put a smiley, but it might work. |
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| Posted: 18 May 2007 2:32 PM Last Edited By: 230grain hollowpoint | ||
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Quote:
just recieved a letter in the mail denying me of my firearms id card awhile back my wife and i had a few issues i was never charged with any crimes there was no physical violence anything of that nature the chief just said he would not feel comfortable giving me the right to buy a gun i contacted a lawyer said i can beat it no problem but would cost me 3500 i dont have thta kinda cash any suggestions? Find another lawyer...try Gary Needleman in Montville...He specializes in firearm issues. By the way what town are we talking about? __________________ Gun control is being able to hit your target
MOLON LABE WWRD Member: NRA,ANJRPC,UBNJ,SFFC,DU |
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| Posted: 18 May 2007 2:37 PM | ||
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Quote: Are you guys sure? I thought he had some leeway to make a personal choice .... under public health, safety & welfare. And this is where the appeals process comes in.
Quote: The Chief has no right to deny you based on feelings. He has to know better than that blood..... At least I would hope... I could be wrong, though. |
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| Posted: 18 May 2007 2:54 PM | ||
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Quote: Address has to match drivers license.Do you have to apply in your home town? __________________ The government’s view of the economy: If it moves, tax it. If it keeps moving, regulate it, and if it stops moving, subsidize it. ~Ronald Reagan
Am a non-hunter who is PRO hunting supporting what YOU like to do! NRA member NJOA supporter UXBNJ Secretary http://uxbnj.com/ UCBK, ACF member |
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| Posted: 18 May 2007 2:54 PM | ||
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By the way what town are we talking about? The reason I ask is I am planning on moving soon. I have a phobia about FID hassles. __________________ Gun control is being able to hit your target
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| Posted: 18 May 2007 2:56 PM | ||
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I thought he had some leeway to make a personal choice Nope. Your rights are not up to him. Here it is in legaleeze: 2C:58-3(f). Purchase of firearms "...There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter. __________________ "To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress. Only a person free to choose to protect himself is truly respecting God's gift of life." Ted Nugent
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| Posted: 18 May 2007 2:57 PM | ||
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The reason I ask is I am planning on moving soon. I have a phobia about FID hassles. Move out of state. No more FID phobia... __________________ "To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress. Only a person free to choose to protect himself is truly respecting God's gift of life." Ted Nugent
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| Posted: 18 May 2007 3:03 PM | ||
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This should be helpful:
d. Issuance. The chief of police of an organized full-time police department of the municipality where the applicant resides or the superintendent, in all other cases, shall upon application, issue to any person qualified under the provisions of subsection c. of this section a permit to purchase a handgun or a firearms purchaser identification card. Any person aggrieved by the denial of a permit or identification card may request a hearing in the Superior Court of the county in which he resides if he is a resident of New Jersey or in the Superior Court of the county in which his application was filed if he is a nonresident. The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit or identification card. The applicant shall serve a copy of his request for a hearing upon the chief of police of the municipality in which he resides, if he is a resident of New Jersey, and upon the superintendent in all cases. The hearing shall be held and a record made thereof within 30 days of the receipt of the application for such hearing by the judge of the Superior Court. No formal pleading and no filing fee shall be required as a preliminary to such hearing. Appeals from the results of such hearing shall be in accordance with law. __________________ "To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress. Only a person free to choose to protect himself is truly respecting God's gift of life." Ted Nugent
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| Posted: 18 May 2007 3:31 PM | ||
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Quote:
d. Issuance. The chief of police of an organized full-time police department of the municipality where the applicant resides or the superintendent, in all other cases, shall upon application, issue to any person qualified under the provisions of subsection c. of this section a permit to purchase a handgun or a firearms purchaser identification card. Any person aggrieved by the denial of a permit or identification card may request a hearing in the Superior Court of the county in which he resides if he is a resident of New Jersey or in the Superior Court of the county in which his application was filed if he is a nonresident. The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit or identification card. The applicant shall serve a copy of his request for a hearing upon the chief of police of the municipality in which he resides, if he is a resident of New Jersey, and upon the superintendent in all cases. The hearing shall be held and a record made thereof within 30 days of the receipt of the application for such hearing by the judge of the Superior Court. No formal pleading and no filing fee shall be required as a preliminary to such hearing. Appeals from the results of such hearing shall be in accordance with law. Print and bring this to a meeting with the chief Gene... __________________ ´¯`·.¸¸.·´¯`·.¸¸.·´¯`·.¸ ><((((((º>
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| Posted: 18 May 2007 3:50 PM | ||
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How about 2C:58-3c .....
Quote: I added the underlining and the bold font.
c.Who may obtain. No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued: Is "good character" a judgement call by the chief? "Good Repute" would be shown by your references. "Disabilities" would be shown by your application forms. |
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| Posted: 18 May 2007 4:02 PM | ||
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| save up for a lawyer | ||
| Posted: 18 May 2007 6:19 PM | ||
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save up for a lawyer Or Marry One
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| Posted: 18 May 2007 6:29 PM | ||
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Or Marry One cheaper to hire one
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| Posted: 18 May 2007 6:30 PM | ||
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Quote: Definately not. This would be scary. Imagine having an anti-gun chief of police. No one would ever get a FID because of his "feelings". You have to fight this, you have evey right to it if you were not convicted of a crime.
I thought he had some leeway to make a personal choice |
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| Posted: 18 May 2007 7:03 PM | ||
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Please fight this Gene... I am not a fan of the revocation of your 2nd Amendment rights  You need to file for a hearing right away and stand up for your yourself You can do it yourself, but a lawyer will definately help. Try contacting Evan Nappen - gunlaw1@verizon.net. 732-389-8888__________________ Dog's on point... get ready!!!
It is very important to generate a good attitude, a good heart, as much as possible. From this, Happiness in both the short term and the long term for both yourself and others will come. - Dalai Lama http://www.njoutdooralliance.org/ |
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| Posted: 18 May 2007 7:38 PM | ||
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| call Nappen | ||
| Posted: 18 May 2007 11:00 PM | ||
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Quote: His "feelings" have to be based on facts about the applicant. That is what the appeal process if for .... for the denied applicant and the police chief to argue thier cases before a judge. If denial's were only based on convictions, what would there ever be to appeal ... the convictions are in black and white, and the FID disabilites are in black and white.
Quote: I thought he had some leeway to make a personal choice Definately not. This would be scary. Imagine having an anti-gun chief of police. No one would ever get a FID because of his "feelings". You have to fight this, you have evey right to it if you were not convicted of a crime. Isn't there a guy on this forum that was denied because the chief didn't like the fact that he had some past drinking problems, too close together, and it was too short a time since that passed. I think he had some kind of drinking/fighting thing that was expunged, but the chief combined that with his 2 (I think) DWI's, and the chief made a judgement call. The guy was going to appeal it. Maybe I'm wrong, but I'm pretty sure that a police chief, after he reviews all the facts, can deny an applicant on a character or a public health, safety and welfare thing .... realizing that he may have to make his case before a Superior Court Judge. In fact, isn't that what just happpened to BowHunterGene who started this topic thread? And now, he is going to appeal the police chief's decision. |
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| Posted: 19 May 2007 6:20 PM | ||
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OldCoot has hit it right on the head 100%.
The Chief can deny anyone he feels, with proof, which doesn't have to be criminal charges, an ID card. Person has an absolute right to appeal and have a Judge decide. ie. I denied one a number of years ago based on 3 DWI charges. All MV complaints, not criminal. Denial was upheld in Superior court. Quote:
try Gary Needleman in Montville...He specializes in firearm issues. LOL, yea the guy that lost his FFL because he couldn't keep his paperwork straight. YEA, I'd want his advise.  __________________ "A bad day of hunting is better than a good day of work"
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| Posted: 19 May 2007 9:25 PM | ||
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I denied one a number of years ago based on 3 DWI charges. All MV complaints, not criminal. Denial was upheld in Superior court. 3 DWI charges are a sure sign of "bad character" __________________ "To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress. Only a person free to choose to protect himself is truly respecting God's gift of life." Ted Nugent
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