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| Posted: 08 Aug 2008 5:29 AM Last Edited By: Drop Tine | ||
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Posts: 12983 Addicted to NJH:  Join Date: Jan 2006 |
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Quote: Once again, I tell you ask a lawyer or even make a call to Nappen and they will tell you DO NOT divulge the pier denial, there is NO NEED TO as with your records it is sealed Questions 17 and 18 clearly state that exponged offenses are not disclosed on the application. However, after you've had your offenses exponged, and you do not list any offenses on the application, you still need to disclose that you were previosly denied a NJFPID card  and all your rights are restored POINT PLANK !
You can disclose it if you want but you are only going to open yourself up to “extra unnecessary scrutiny" and maybe even a possible denial from the Local PD Chief, or at best slow up the processing and maybe even cause yourself to have to wait for a approval letter in the mail "every time" you go to by a firearm at a dealer based on the fact that you were denied a NJPFIDin the past and chose to put in on record once again  a denial that was based on a record that no long exists and they will look for without being able to view or use it against you anyway  Once again I will close with CALL Nappen or any lawyer that deals with firearms and PFID Denials and you will see for yourself  __________________ Pete's Archery Service & NJH.com ProStaff ProFile
PETE'S ARCHERY SERVICE Bows repaired & tuned Custom arrows / Custom string & cables New Bows Sold and set up Call Today 201-953-6625 Committed to a Total MEATetarian Lifestyle  |
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| Posted: 08 Aug 2008 6:05 AM Last Edited By: Drop Tine | ||
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Quote: Here's another good question that I just thought of This follows from Title 18, Section 921(a)(20) of the United States Code. That provision states: "Any conviction which has been expunged...shall not be considered a conviction for purposes of this chapter, unless such...expungement...expressly provides that the person may not ship, transport, possess, or receive firearms." For those in the know, if they for what ever reason grant an expungement of your criminal records and yet still "expressly provide" that the person may not ship, transport, possess, or receive firearms. I'm guessing it must have been a pretty bad crime that was originally committed, Does this now mean that you legal can not hunt with a bow or crossbow ?  this should be a good one __________________ Pete's Archery Service & NJH.com ProStaff ProFile
PETE'S ARCHERY SERVICE Bows repaired & tuned Custom arrows / Custom string & cables New Bows Sold and set up Call Today 201-953-6625 Committed to a Total MEATetarian Lifestyle |
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| Posted: 08 Aug 2008 6:44 AM | ||
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Posts: 5 Fawn:  Join Date: Aug 2008 |
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Quote:
Once again I will close with CALL Nappen or any lawyer that deals with firearms and PFID Denials and you will see for yourself Again, I have done this, and was told that you have to disclose the prior denial. The denial becomes part of your record, as blackduck has mentioned. You can be denied based on falsifying your application if you fail to disclose it. The atty I spoke with is on retainer for the NJ chapter of the NRA. If the muni denies you based on the existence of a previous denial alone, then you appeal. That is my plan. |
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| Posted: 08 Aug 2008 7:14 AM | ||
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Posts: 48 Fawn: Join Date: Nov 2007 |
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Francis your plan sounds good. Good luck!
As you stated, you can answer NO re. the conviction once its expunged, but the FID denial previously is unaffected by the expungement and it has to be disclosed. YMMV |
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| Posted: 08 Aug 2008 7:24 AM Last Edited By: Drop Tine | ||
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Registered User, Sponsor |
Posts: 12983 Addicted to NJH: Join Date: Jan 2006 |
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Quote: I guess they've changed there stance over the last few years as a good buddy of mine went thru Nappen and was told he didn't need to disclose it and never had a problem getting his NJPFID card If the muni denies you based on the existence of a previous denial alone, then you appeal. That is my plan. anyway disclosing it shouldn't be grounds (I say shouldn't be) for a denial but you local PD Chief may deny you and cause you to fight it thru court, he in the end has to sign the card and can deny you if he see fit If it does not get held up or denied which I hope it won't in your case, it may however in the end cause you to have to wait days for an approval letter to be mailed to you to perchase a firearm thru a dealer.
GOOD LUCK HOPE IT ALL ENDS ON A GOOD NOTE FOR YOU  __________________ Pete's Archery Service & NJH.com ProStaff ProFile
PETE'S ARCHERY SERVICE Bows repaired & tuned Custom arrows / Custom string & cables New Bows Sold and set up Call Today 201-953-6625 Committed to a Total MEATetarian Lifestyle |
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