Firearms permit with a misdemeanor?

[somethingnothing 0]

Hello everyone,

 

I'm new to this forum, so please forgive me if this is a repost. I'm curious to find out if my recent legal troubles will prevent me from purchasing a firearm. I was convicted of the following: possession of a CDS under 50 grams, possession of drug paraphernalia. What's probably going to happen is that I will go through PTI (probation for 6 months most likely), and then have the arrest expunged at a later date. I'm worried that this misdemeanor will prevent me from ever getting a firearm. If anyone knows anything about this, please let me know. I will really appreciate it.

[tony357 386]

Hello everyone,

 

I'm new to this forum, so please forgive me if this is a repost. I'm curious to find out if my recent legal troubles will prevent me from purchasing a firearm. I was convicted of the following: possession of a CDS under 50 grams, possession of drug paraphernalia. What's probably going to happen is that I will go through PTI (probation for 6 months most likely), and then have the arrest expunged at a later date. I'm worried that this misdemeanor will prevent me from ever getting a firearm. If anyone knows anything about this, please let me know. I will really appreciate it.

 

If it is expunged you should be ok, and stay away from the drugs,,,

 

redwing lakes sporting clays, that is port republic ?

 

I use to work part time at a machine shop in port..

 

OH, welcome to the forum..

[savageshooter 10]

Do a google with the search term "new jersey expungement statute amended"

They changed the statute dramatically, in favor of the people filing petitions for expungement. Waiting period used to be 10 years, is now 5. Also, many drug charges were not able to be expunged, and now are. A summary can be found here expungement

[PK90 3,573]

PTI for a DP?

 

What was the original crime?

 

You were convicted yet do not know your sentence?

[somethingnothing 0]

Yep, I'm from around there. My buddies and I shoot clays there, one of them actually works it. It's a good time.

 

I was caught with under a gram of marijuana, and a glass pipe. The officer violated my fourth amendment rights, I'm going to see if I can get the case suppressed.

 

I talked with my lawyer today actually, he said after it gets expunged, I will have a clean record. I have a clean past so it's not looking too bad.

 

I know they do a thorough background check for this, but if it gets cleared I should be okay. I know a felony will bar you from owning a firearm, I was unsure about misdemeanors though.

 

Thanks for the help guys.

[JackDaWack 2,895]

Yep, I'm from around there. My buddies and I shoot clays there, one of them actually works it. It's a good time.

 

I was caught with under a gram of marijuana, and a glass pipe. The officer violated my fourth amendment rights, I'm going to see if I can get the case suppressed.

 

I talked with my lawyer today actually, he said after it gets expunged, I will have a clean record. I have a clean past so it's not looking too bad.

 

I know they do a thorough background check for this, but if it gets cleared I should be okay. I know a felony will bar you from owning a firearm, I was unsure about misdemeanors though.

 

Thanks for the help guys.

 

I would wait for the probationary period to be over, most cases, or at least the ones I've seen regarding this exact same situation, usually have the charges dropped after the 6mo period if you play like a good boy. Its funny, they drag your a** to court, say they wont do anything for 6mo, if u are on good terms after 6mo, charges are dropped. So they don't actually expunge anything. However, if u are asked if u have ever been arrested you have to say yes, regardless if you are charged or not. Like i said if they play the 6mo. rule, its not actually probation, since your not sentenced and the case remains open, i actually bailed my friend out for this same type of arrest and had to wait almost a year to get my $$ back, and once the 6mo was over, he went to court, showed he had stayed out of trouble and the charges were dropped.

 

I wouldn't bother with trying to fight for your rights, in something like this it wont work out in your favor. The best thing u can do is have a good lawyer fight for your integrity, as that's all they really want to know is whether or not to give some random guy a hard time with a little pot, or use it to add another notch to a strain on society.

The courts favor remorseful people, not the ones who go in thinking they're going to get one over on them, like they got one over to begin with. You would need concrete evidence of a violation of your rights for them to even consider it. Since you may already have a way out with the 6mo stay clean rule, i would stay with that, its a sure bet so long you stay clean.

[vladtepes 1,060]

I would wait for the probationary period to be over, most cases, or at least the ones I've seen regarding this exact same situation, usually have the charges dropped after the 6mo period if you play like a good boy. Its funny, they drag your a** to court, say they wont do anything for 6mo, if u are on good terms after 6mo, charges are dropped. So they don't actually expunge anything. However, if u are asked if u have ever been arrested you have to say yes, regardless if you are charged or not. Like i said if they play the 6mo. rule, its not actually probation, since your not sentenced and the case remains open, i actually bailed my friend out for this same type of arrest and had to wait almost a year to get my $$ back, and once the 6mo was over, he went to court, showed he had stayed out of trouble and the charges were dropped.

 

I wouldn't bother with trying to fight for your rights, in something like this it wont work out in your favor. The best thing u can do is have a good lawyer fight for your integrity, as that's all they really want to know is whether or not to give some random guy a hard time with a little pot, or use it to add another notch to a strain on society.

The courts favor remorseful people, not the ones who go in thinking they're going to get one over on them, like they got one over to begin with. You would need concrete evidence of a violation of your rights for them to even consider it. Since you may already have a way out with the 6mo stay clean rule, i would stay with that, its a sure bet so long you stay clean.

 

I agree with what is said here... I would not go into court looking for a fight.. I would go into court with the mindset of good honest law abiding citizen that had a brief moment that resulted in poor judgment.. I would look to explain that you are a good person and don't want to get in so much trouble for this that it screws up the rest of your life... I think with that mindset and a decent lawyer you may walk away without too much trouble.. I have seen people I know go through similar situations without being destroyed too bad..

[JackDaWack 2,895]

In the case with my friend, his rights were also violated. It's an interesting story, but to make it short, the cops were called to his house regarding a fight between him and his GF. When they got there the GF was outside, and he was sitting in his living room. The cops walked in the house with out permission, since the GF did not live there she had no authority to let them in, and they found a Glass pipe smashed on the ground, and bits an species of pot scattered on the floor. They bagged and tagged it. I told him to fight the charges on the grounds of unlawful entry with out a search warrant, when they went to court the first time, you always want to hear what the prosecutor has to say first, he offered that if he stayed out of trouble for 6mo. he would have to come back to court, and the charges would be dropped. When your offered a deal like that, there is no reason to fight the system when it working in your favor, regardless of how you feel about them violating you.

[KpdPipes 388]

PTI for a DP?

 

What was the original crime?

 

You were convicted yet do not know your sentence?

They do that here all the time for drug offenses Paul.

[tommy3rd 132]

I asked an officer about PTI today. It seems like pre trial intervention is given on misdemeanor cases where some sort of jail time would have been involved and it's a first offense. I had asked about the consequences of illegally carrying a firearm and apparently it's only a misdemeanor unless used in a crime or if it breaks federal laws. He said it would most likely go to PTI where it would be some sort of community service and/or fine plus probation.

Can any criminal lawyer confirm this? Not that I'll be carrying illegally anytime soon...lol

[Downr@nge 22]

Bro, please, do your self a favor and STAY AWAY FROM GUNS UNTIL YOU GET YOUR PERMIT IN HAND! I think its a felony to have a firearm without a permit in NJ!

[e80hydro 120]

Hello everyone,

 

I'm new to this forum, so please forgive me if this is a repost. I'm curious to find out if my recent legal troubles will prevent me from purchasing a firearm. I was convicted of the following: possession of a CDS under 50 grams, possession of drug paraphernalia. What's probably going to happen is that I will go through PTI (probation for 6 months most likely), and then have the arrest expunged at a later date. I'm worried that this misdemeanor will prevent me from ever getting a firearm. If anyone knows anything about this, please let me know. I will really appreciate it.

 

 

If you've been entered into the PTI program, you havn't been, nor will you be convicted of anything, as long as you don't screw up your probation and you pass your piss tests. You can still check off that you've never been convicted of a crime on your FID application.

[Springfield1911 22]

Yea just what we need. Give drug addicts guns.

[JackDaWack 2,895]

Yea just what we need. Give drug addicts guns.

If we weren't talking about a little bit of wacky tabbacky i'd be inclined to agree.

[vladtepes 1,060]

If we weren't talking about a little bit of wacky tabbacky i'd be inclined to agree.

 

 

x2

[Pew Pew Plates 358]

x2

 

x3

 

Any of you whom have drank alcohol has done a drug harder and more destructive than marijuana

[surfgod247 0]

In the case with my friend, his rights were also violated. It's an interesting story, but to make it short, the cops were called to his house regarding a fight between him and his GF. When they got there the GF was outside, and he was sitting in his living room. The cops walked in the house with out permission, since the GF did not live there she had no authority to let them in, and they found a Glass pipe smashed on the ground, and bits an species of pot scattered on the floor. They bagged and tagged it. I told him to fight the charges on the grounds of unlawful entry with out a search warrant, when they went to court the first time, you always want to hear what the prosecutor has to say first, he offered that if he stayed out of trouble for 6mo. he would have to come back to court, and the charges would be dropped. When your offered a deal like that, there is no reason to fight the system when it working in your favor, regardless of how you feel about them violating you.

 

With domestic disturbance cops can legally enter your home without your consent. Its considered a exigent circumstances.

[tommy3rd 132]

x3

 

Any of you whom have drank alcohol has done a drug harder and more destructive than marijuana

The difference is one is legal and the other still isn't here in jersey. Until they straighten out this "medicinal use" issue, the other one is not readily available.

[ChrisJM981 924]

Bro, please, do your self a favor and STAY AWAY FROM GUNS UNTIL YOU GET YOUR PERMIT IN HAND! I think its a felony to have a firearm without a permit in NJ!

Ummm no. You need a permit to purchase a pistol. A Firearms Identification Card is for long gun purchases and any ammo that can fired from a pistol(unless you're at Dick's you need it for rifle & pistol ammo per store policy). Firearms owners who move to NJ from another state do not need to get a FID or permit unless for the above mentioned reasons.

[nitrospaz9 10]

I have been through the same thing man. It's best to finish off the program and wait like an extra couple of months. When you do finally go for the permits, they will ask you the question of had you ever been convicted of a crime. You could check yes or no here but on a different sheet of paper write what the offense was and that you obeyed the program and have had no other problems since. I failed my first permits cause I clicked no which was advised by my lawyer cause I was never convicted.The cop gave me a real hard time cause he said I was lying on my application. After a brief argument on the phone he hung up and I knew I failed lol. To try it now while your in the program is real iffy man. Just give it some time and learn from your mistakes.

 

Irrizo, Being arrested for a little pot does not make you a drug addict. I was arrested for the same thing myself and I am not one. It was a stupid mistake which man people make. That's great for you if you've never had a problem with the police or been dumb for a moment in your life. Kudo's to you man.

[Shawnmoore81 623]

When I was 21 I was charged with the same thing. I did the whole conditional discharge route and am fine. Just be honest and if I were you I'd quit. I use to love smoking but I gave it up due to the fact I wanted a good job and jobs usually drug test. I can honestly say my life if better without it. If you do decide to keep on smoking do it at home and have your stuff delivered. Next time that same offer won't be there.