FID change of address DENIED

[NJGuy732 0]

Waited 40 days for my new towns PD to process my change of address. Just got a letter today saying it is denied because "You have a criminal history of a Violent Crime". WTF?!?!? I've never even seen the inside of a cop car. I just retired after 22 years in the Army. I think i'm going to need some suggestions from the forum on how to handle this. I just opened the letter and called the Chief as well as the Det. that handles firearms paperwork, both are gone for the day. I will be calling again on Monday.

[alec.mc 180]

any arrests or other altercations on your record? ever have an issue with NICS? do you have a family member with the same name with issues?  

 

 

Sounds strage.... they wont let you change your address with the accusation of violent crimes, but still let you keep the FID?

 

* swat team at NJGuy732's house in T-Minus 34 minutes to confiscate all weapons *

[NJGuy732 0]

No history of anything at all, ever. I havent the slightest idea where they came up with a history of a violent crime.

[PeteF 1,044]

Call the Chief, setup a meeting have them get their heads out of their asses.

Most likely someone with your name has a arrest.  That's why the SSN goes on o they can cross reference it.

[Bbott 1]

No history of anything at all, ever. I havent the slightest idea where they came up with a history of a violent crime.

I would go down to the PD and sort out the issue. There is clearly a mistake. Call ahead to make sure the chief or officer involved is present before you go down to PD.

[remixer 1,645]

Maybe just the fact you were in the military and trained to kill now categorizes you as violent.

[RUTGERS95 890]

agree with bbott....mistakes can happen and even an arrest does not invalidate your application

[CageFighter 236]

might be time to LAWYER UP.

[Duppie 73]

might be time to LAWYER UP.

A little premature IMO....may just be a paperwork screw up that may be easily resolved face to face. Lawyers is always the last resort...

[siderman 1,140]

when was the last time you went thru a NICS check?

[NJGuy732 0]

Maybe just the fact you were in the military and trained to kill now categorizes you as violent.

LOL, i hope not

[NYMetsFan86 9]

even altercations resulting in a ticket should not matter. I was accused of throwing a plastic chair at a street sweeper at 4 in the morning 2 years ago. wasnt arrested, fought it payed a fine and If that gets me denied ill be surprised.....I'll also call nappen. 

 

Either way im sure its a mistake and as previously posted, a lawyer can be a last resort. NO WORRIES

[ChrisJM981 924]

Did you move within the same town? Maybe that's a standard letter they mail out to all applicants. Afterall, you must be a crazy violent psychopath if you want to own guns.

[71ragtopgoat 23]

I dont think I would handle a mistake so kindly. If it took 40 days and they did not cross reference your SS number I would go on one of my famous lazy dumb civil servant rants. LOL Ahh dont get me started. Like the lady that found her fathers killer doing a credit search for him in eight days while the NYPD let it sit for ten years.

[Anselmo 87]

There is not much a lawyer can do for you that you can't do yourself in this situation. 

 

You have two choices. 

 

1.  Talk to the local PD like it says on your letter.  They will either say, "oh goodness, we made a mistake" or "you have the right to appeal to superior court"

 

2.  Appeal to superior court.  It's not hard to do.  Just write a letter to superior court asking to appeal the denial.  I can send you templates in WORD if you need them. 

[Shawnmoore81 623]

File an appeal. I went through similar bs due to a felon with the same info as me. The police fought me every step of the way but I won in superior court. I hired a lawyer to file the appeal but fought it myself. Just bring proof

[NJGuy732 0]

I'm really hoping that one meeting with the Chief or the Det. can resolve this although i'm not feeling good about it. I don't think this town is the type to admit a mistake easily.

[Shawnmoore81 623]

That wast problem. They would not say it was a mistake. Even with all the proof in the world. The judge say it clearly and gave them all kinds of hell for wasting her time, my time and everyone else involved.

[Shawnmoore81 623]

Judge saw it clearly*

[kman 56]

Another thing is you might want to call the mayor, if you voted for him or own a house in the town. This is shabby treatment of a taxpayer and a voter, not even asking your input before denying you. Town police are supposed to serve you, not vice versa.

 

Sent from my DROID2 GLOBAL using Tapatalk 2

 

 

[PM2116 0]

This exact thing happened to a close friend of mine about three months ago.  He was a Marine, and applied for a change of address when he returned home from Afghanistan.  Unfortunately, I can't get a hold of him to see what steps he took.  He's currently in a police academy and can't get calls.  I'm almost positive that he scheduled an appointment with the Chief in his city, but he did so in a very civil and respectful manner.  The Chief made calls and within a week he had his change of address and a new FID card.  His original denial also said something about violent behavior which wasn't true.   

 

These things happen more often than you think.  I would at least attempt to speak with your Chief and see where it goes from there.  If he doesn't help you, that's when you lawyer up.  No need to cause a stir over something that may have been human error. 

[RS1200XL 4]

I'll be it's a paper work issue.  My mom told me she just got her P2P after waiting four months.  When she went to grab it; it was the wrong address and the wrong employer info.  Luckily the Chief was actually in that day and was able to write up a new P2P for her.  Not sure what's going on; but paperwork is getting seriously messed up.

[millsan1 3]

Not that it relates directly to this, but when I bought my first house, I was told I was behind on my child support payments.  Very surprising since I had no children and was 8 when the payments were behind.  It was my father who was behind, but since we shared a name and former address, they got us mixed up.

[W2MC 1,699]

That wast problem. They would not say it was a mistake. Even with all the proof in the world. The judge say it clearly and gave them all kinds of hell for wasting her time, my time and everyone else involved.

Shame you can't (easily) go after them to recoup all of that wasted time.  THAT would put an end to this sort of nonsense real fast.

[Shawnmoore81 623]

Shame you can't (easily) go after them to recoup all of that wasted time. THAT would put an end to this sort of nonsense real fast.

Here is the worse part.

 

Chief of police- paid to be there

Township lawyer- paid to be there

Judge- paid to be there

Court staff- paid to be there

Me- cost me money to be there

 

So yeah I won the case but lost easily a week of work between all the crap I had to do plus the 2 times I had to go to court. I just found out recently the mayor is in Bloomberg's little gang of mayors

 

 

Sent from my iPad using Tapatalk HD

[Underdog 1,593]

So, when it is cleared up, does that mean he will need to put denied on every subsequent application and explain it, etc?

 

When I was getting a loan for my home, apparently there is someone else that is a credit risk with my name.  It was quite annoying to clear my name.

 

NJGuy... you aren't a member of the tea party, are you?

[Spartiati 63]

Judge saw it clearly*

Did the PD provide discovery to you prior to superior court so you could build you case? 

 

One of the posts above indicated PD will give one of two responses 1.  We made a mistake or 2. Appeal. 

 

I assume it isn't that simple you can request documentation for grounds for denial.

[Anselmo 87]

Did the PD provide discovery to you prior to superior court so you could build you case? 

 

One of the posts above indicated PD will give one of two responses 1.  We made a mistake or 2. Appeal. 

 

I assume it isn't that simple you can request documentation for grounds for denial.

 

You write letter to court requesting appeal of denial.  After you are granted appeal, you mail the court a letter stating you're a fine fellow and meet all the requirements of the law to obtain an FID. The state (prosecutor) will mail their case against you to you and the judge.  You then mail the state and the court your response.  Then you head to court. 

[JackDaWack 2,895]

So, when it is cleared up, does that mean he will need to put denied on every subsequent application and explain it, etc?

If he appeals and wins, NO.

[Shawnmoore81 623]

You aren't denied til the denial is final.

 

 

I showed up with all my paper work. The judge jumped all over them. The township requested a postponement. During that time the chief requested multiple postponements. I took that time and strengthened my case. Went back to court the township still fought me even though it was proven it wasn't me. The judge yelled at them and granted me everything. The chief then took 2 weeks to issue my permit. Then my p2p had the wrong date on it. Ed of Ed's gun shop contacted the state police. State police contacted the chief. I was allowed to use the p2p anyway. After 11 1/2 months I got my gun