Denied P2P but won Appeal...What next?

[Metalflames 0]

I hope this is posted in the right forum if not I will gladly move it.

 

 

Back in July I was denied a P2P because of a DUI some years back. The reason was a public health and safety concern. I thought it was strange being that I had transferred my FID (which the Dept ran a background check and ask me no Questions about the incident.)after buying my home in the town and had bought rifles with no problems. Needless to say I appealed the decision on my own without a lawyer (which I got very lucky the guy before me made the same case and won with his lawyer) and the denial was overturned. The judge said since I went through the State of NJ Intoxicated Driver Program and they (the state) deemed me not to be an alcoholic and that the matter was incidental she saw no reason for the denial to stand. She over turned it and gave me a fancy letter signed by a Superior Court Judge saying I could not be denied in the future for this matter. The Detective was cool and said he would put a note in my file and sort of apologized for the inconvenience.

 

My question is even with the letter and supposed notation in my file do I have to check yes for being denied? or is that now null and void because of winning the appeal?

 

 

The reason for the long drawn out story was because I found a lot of help on this sight to make my case but nothing specific so I hope this helps someone in the future.

[chris327 30]

i would ask the detective that handles permits in your town how to go about it next time. Considering he knows the whole case.

[Metalflames 0]

I was thinking more in the future, should I move as is planned in the future and I don't get out of this great state.

[Candide 0]

I wouldn't check denied since it was overturned.

[Metalflames 0]

So I take it this is going to be like everything else In NJ were it is left to interpretation of the gray area of the law which by proxy means your damned if you do damned if you don't.

 

This is only an issue for P2P's I don't believe there are any such questions when purchasing long guns.

 

@Nickjc That is a given on the information and probably something I will address before submitting any paperwork to clarify.... I hope.

[Zeke 5,504]

In the end where you denied?

No

[T Bill 649]

I agree with Nick on this one. The conviction stands. Future backround checks will still reveal this. The fact that you successfully attended remediation and a judge agrees you are no longer a safety concern clears you from being denied for this reason. I would check to see that the paperwork is actually in you file and keep copies of the decision.

 

Joke of it is you transferred you FID previously and they cleared you then. One of the reasons I disagree that local law enforcement has sole discretion on issuing the required documents. Better defining rules are needed.

[Metalflames 0]

Technically speaking the DUI is a motor vehicle violation. The DUI is and of it self not a reason to deny. Part of what the state argued on behalf of the PD was that I had shown a habit. Their argument was that my drivers abstract showed 3 violations the date of incident, the court date, and the license suspension,. Which they conveniently mistook for 3 violations in 3 consecutive months. Again this is all after transferring my FID with no issue. In fact I moved a previous time and that department had no problem. I even asked the Det. in charge if it would be an issue and he looked at me as if I was nuts. I have a friend who is retired chief from a different county and even he thought it was crazy.

 

The question is was I in fact denied if I later won an appeal?

If this was a criminal case for say murder or robbery and was convicted but than won the appeal would I still be a convict? I would think no.

[scatterbrains 0]

IMO and only MO, you were denied then it was overturned therefore you were not denied. I would never think about it again.

If it comes up then you have the paper work to prove what happened by a superior judge.

 

Honestly id ask a lawyer since there is no common sense with NJ law

[JackDaWack 2,895]

If your denial is overturned then you were not actually denied. Not a lawyer but take that for what it is.

[kman 56]

Join ANJRPC for what, $35 bucks, members get free phone advice from NJ gun attorneys. Call Evan Nappen. Say you are an ANJRPC member and have a question. Ask your question and get answer. Because no matter how much sense any answer you think might make, it might already have been fought over in the court and you want to know what way the court decided and do it THAT way.

 

As for what I think, you check yes on the prior denial and then enclose the paper and note you got it overturned in court. It shows whoever you are dealing with that if they deny you, they have a suit on their hands and you don't take no for an answer, and it takes away from them the potential for denying you on the basis of false statement or nondisclosure. It shows you have nothing to hide and are a fighter when it comes to your rights. Good for you on your win!

 

Sent from my DROID2 GLOBAL using Tapatalk 2

 

 

[Sigman 41]

MY opinion.... *MINE * only and I am NOT an attorney...

 

Keep all your documentation....keep all your records....when and if you move....check YES you have been denied....and submit all your paperwork with it to show it has been cleared....that is what * I * would do....YMMV

 

I'm with Nick on this, submit all your paperwork and answer truthfully on the form. You have the paperwork that overturned the denial. The FPID\Permit application question asks if you ever had an ID or permit refused or denied. You can then explain that it was overturned. You shouldn't have any problems.

[zoid 24]

I don't know the answer to your question but I commend you for fighting the good fight and getting your permit. That is a good story.

[Metalflames 0]

Thank you for the support and I suggest to any one that has been denied to fight it. The impression I got from the judge (at least in my case) was that all this did was cost the state wasted money. How many people actually know the appeal process and how it works. I will how ever suggest a lawyer. I was very lucky in my case and the argument I was prepared to make may not have have had the same result. I was lucky enough that the gentleman before me had a similar although different problem which he won which then gave me the ability to make an argument with a favorable decision.