this could only happen to me :(

[mikeyd 0]

at the beginning of this year i applied for my fid and a pp,after 7 weeks i got the call to come pick them up ,everything went smooth. 4 1/2 months ago i applied for 3 more pp's and filled out the form exactly the same as the first time,but i never got a call so i called the pd to find out the status. well, i was told that a dwi ,possession of marijuana and a" harassing communication" charge came up from 1990 !! almost 23 years ago !! so apparently, im assuming i didnt answer question 19 correctly, i shoulda answered "yes",but i did not know that a dwi is a "disorderly" and i wasnt aware of the "harassing communication " at all. (to which i was told i paid a $ 25 fine for back then). but anyway they said with my permission they would change my answer to that question and re-submit the form or i could come to the station and do it myself,so i gave them the OK to change my answer and re-submit. got a feeling im gonna be denied and have to get these charges expunged. and again when i first applied none of these charges came up.

[TheDon 3]

Sounds like you had a very bad night 23 years ago.

 

The DWI is a traffic offense, possession of pot and harassing are disorderly person offenses. You should not be denied your P2PP for non-criminal convictions.

 

The only argument that could be made would be an "in the interest of public safety" determination by the Chief LEO. But if you have been clean for 23 years, it would be hard to substantiate such an argument.

 

I think you should be good to go.

[mikeyd 0]

Sounds like you had a very bad night 23 years ago.

 

The DWI is a traffic offense, possession of pot and harassing are disorderly person offenses. You should not be denied your P2PP for non-criminal convictions.

 

The only argument that could be made would be an "in the interest of public safety" determination by the Chief LEO. But if you have been clean for 23 years, it would be hard to substantiate such an argument.

 

I think you should be good to go.

thank you for the response,and a positive one at that, the only person i had asked about this before i posted it was a lawyer, and he gave me all the negative possibilities (but then i guess thats expected) ,he mentioned nothing of what you said . well they told me they would notify me in about 8 weeks, ill post when i hear from them and thanks again

[dtown223 12]

As theDon said, your CLEO has alot of latitude in deciding if he feels you're a threat.

However, I wouldn't worry too much, non-violent disorderly persons don't seem to be a big stumbling block.

I have a petty disorderly persons from 1990 that didn't cause a problem for me, but again, it's really up to one person at this point.

The marijuana arrest may play against the substance abuse question too.

If your PD has already issued you an FID and P2P's previously and now decided to deny you, you might've been asked to surrender your FID, if they felt you were a prohibited person, or against the interest of public safety.

[TheDon 3]

As theDon said, your CLEO has alot of latitude in deciding if he feels you're a threat. However, I wouldn't worry too much, non-violent disorderly persons don't seem to be a big stumbling block. I have a petty disorderly persons from 1990 that didn't cause a problem for me, but again, it's really up to one person at this point. The marijuana arrest may play against the substance abuse question too. If your PD has already issued you an FID and P2P's previously and now decided to deny you, you might've been asked to surrender your FID, if they felt you were a prohibited person, or against the interest of public safety.

 

Good point about the risk of surrendering your FPID.

 

OP: If they ask you to explain why you answered negatively to the question about prior convisions, claim ignorance about the 6-month jail term. Tell them that at the time you completed your application you were unaware that the DUI and dp offenses could carry a 6-month jail setense. So, your answers were indeed truthful to the best of your knowledge at the time you completed the application. Promise to respond correctly hereafter. If they don't ask, say nothing. Don't volunteer any explanation.

[dtown223 12]

As an afterthought, I think it bodes well for the OP that he's been contacted to correct the application, I would be inclined to think the PD would've flat out denied you for answering falsely, or like I said, worst case, yanked your FID

[savageshooter 10]

Start the expungement process regardless. Someone I know who did paralegal work said that expungement is just a bunch of paperwork and certified mailings that really don't require a lawyer. You could do call the court where you were convicted to get started. Good luck.

[mikeyd 0]

As an afterthought, I think it bodes well for the OP that he's been contacted to correct the application, I would be inclined to think the PD would've flat out denied you for answering falsely, or like I said, worst case, yanked your FID

yeah , i agree, they caught me "off-guard" when he asked for my permission for him to correct it or to come to the station and do it myself. that also made me think that he knew it was an honest mistake.

[mikeyd 0]

well ,just about 8 months now and today i finally got the call to pick up my permits,now im going tomorrow to pick up a .45 i had on "hold" the whole time. im just hoping that when i fill out the form at "point of sale" tomorrow i wont have a problem with this "disorderly" question. i think the same question is on that form also. last time i answered "no" of course because it wasnt an issue before like i said when i first posted this ,but now i will have to answer "yes" and im hoping it doesnt cause a problem with the back round check

[dtown223 12]

You cannot answer "yes" and receive a firearm:

From the COE:

"Questions 1 - 10 must be answered “no” for the transfer of the firearm to proceed. A person who answers “yes” to any question is not eligible to receive a firearm"

This was my very similar situation, this post is very close to what you've got here:

http://njgunforums.c...__fromsearch__1

Since a disorderly persons is not a criminal offense in NJ, I honestly think given your history, that you can answer "no" and be truthful.

But, as always, IANAL...Congrats, and good luck!!

[mikeyd 0]

so the question on the form reads:Have you been convicted of a disorderly persons that could result in up to 90 days incarceration? ...im thinkin i should answer the questions the same way i answered them when i purchased my first 2 firearms which would be "no", and i hadnt any problems,you agree ?

[dtown223 12]

so the question on the form reads:Have you been convicted of a disorderly persons that could result in up to 90 days incarceration? ...im thinkin i should answer the questions the same way i answered them when i purchased my first 2 firearms which would be "no", and i hadnt any problems,you agree ?

If these "disorderly persons" haven't caused you to be denied an FID, and several subsequent P2P's, and now another set of P2P's after addressing them with your local PD,

I'd be totally comfortable answering "no"

Remember, by this point, your record has been seen by Local, and state checks specifically to purchase a firearm, and be issued permits, so if it were an offense that made you a prohibited person, you'd certainly know by now!

My totally unqualified legal advice?

-answer no!

-Go pickup your new pistol brother!

[mikeyd 0]

thank you very much bro for your help,i really appreciate it ,im fairly new at this and can always use the advice,thanks again !!

[dtown223 12]

Glad my input could help, don't forget to post pics!!

[Guest]

I live in south Jersey (EHT) and I'v been waiting 5 weeks for my FID, how long before I call them and ask whats going on?

[dtown223 12]

I live in south Jersey (EHT) and I'v been waiting 5 weeks for my FID, how long before I call them and ask whats going on?

Do a bit of digging here:

http://www.njgunforums.com/forum/index.php?/topic/22294-NJ-FID/PP-Compliancy-Project

Every town is different, maybe EHT (Egg Harbor?) is an easy town to deal with!

[mikeyd 0]

everything worked out perfect today,the nics call took some time i think cause they're comps were acting up they said it was some kinda delay but they called the store back 10 mins later and everything was good. as far as hunter goes,how long did they tell you it would take? i would definately give them some time. i think at one point they told me it would take about 8 or 10 weeks and i think i called at about the 4 month mark.

[phoenix_iii 0]

So you got your firearms and answered YES?

[mikeyd 0]

no, none of the questions on the form at "point of purchase" pertained to "disorderly" ,they were based more on domestic violence and citizenship from what i remember so i answered "no" to all.