JackDaWack 2,895 Posted June 15, 2013 I believe you need an appeal to overturn the denial, i would not trust it any other way. I don't think its so much as a final denial, your denied that's it.... you fight the denial and win its over turned... your denied, apply again cause the pd say whoops, you still have a denial even if your second time around it's accepted... and you would have to list the denial on that application. The only way to get rid of the denial is to appeal it, even if everyone knows it was a mistake, it would make the appeals process easier though. Quote Share this post Link to post Share on other sites
illy 1 Posted June 15, 2013 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. Forget Name/SSN. He already has his FID, which means he has a unique SBI # attached to his fingerprints and should be the primary identifier. Sounds like somebody really effed up. Quote Share this post Link to post Share on other sites
AverageJoe 95 Posted June 15, 2013 Gotta love all these suggestions...at this point there is really nothing to do other than what the letter already tells you to do...get in touch with the Chief, be cordial, and square everything away with him. If then after you have your talk and still not making any progress, THEN seek further action. Quote Share this post Link to post Share on other sites
junkmanted 54 Posted June 15, 2013 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 when you are suddenly woken up are you a little cranky !! Quote Share this post Link to post Share on other sites
Anselmo 87 Posted June 16, 2013 You aren't denied til the denial is final. After I won my denial appeal, the prosecutor sent me the letter 3 days after the court date. Three days after that, the local PD filled out an FID application for me, checked the "yes" box for have you ever been denied and filled in that the denial was overturned by superior court judge and had me sign it. Then they they issued my FID to me. Quote Share this post Link to post Share on other sites
JackDaWack 2,895 Posted June 16, 2013 I wasn't under the impression you needed to re-apply... If the denial was overturned then that means your initial application was approved.. hence why you don't need to put down you were denied. And why in the hell are they filling out the application for you...THAT to me is a very big issue. I believe there is only one real way to get this done, file for an appeal. Do it yourself, you don't need a lawyer. Do not expect nor depend on the PD to get this right and work everything out in your favor... They already managed to get you in this position, you would be hard pressed to put so much faith in them. Let them know and give them a heads up what is going on. If they tell you to re-apply and will get it right this time, DO NOT DO IT. make sure you get the original denial overturned, you do not want to have to explain that on a form for the rest of your life. Quote Share this post Link to post Share on other sites
Anselmo 87 Posted June 16, 2013 I wasn't under the impression you needed to re-apply... If the denial was overturned then that means your initial application was approved.. hence why you don't need to put down you were denied. And why in the hell are they filling out the application for you...THAT to me is a very big issue. I know. The bottom of the application has a box to check for granted after appeal. I played their game and got my FID and P2Ps. They acted like they were doing me a favor so I said thank you and left with my permits. Quote Share this post Link to post Share on other sites
NJGuy732 0 Posted June 17, 2013 Quick update. Just got off the phone with the Det. Apparently the report came back that I have an arrest in Virginia. I explained to him that I have no arrest record at all, let alone in Va. He's looking into it and I am calling him back in a few hours Quote Share this post Link to post Share on other sites
Bbott 1 Posted June 17, 2013 Quick update. Just got off the phone with the Det. Apparently the report came back that I have an arrest in Virginia. I explained to him that I have no arrest record at all, let alone in Va. He's looking into it and I am calling him back in a few hours It's probably just a mistake, but it may be a good idea to do a full credit check. Make sure your identity wasn't stollen. Quote Share this post Link to post Share on other sites
Duppie 73 Posted June 17, 2013 It's probably just a mistake, but it may be a good idea to do a full credit check. Make sure your identity wasn't stollen. I was thinking the very same thing. Someone arrested with no other ID except a fraudulent credit or ATM card might be booked under the name on the card, even if their true identity is learned later....Perhaps one of our LEO members might expand on this possibility. Quote Share this post Link to post Share on other sites
WVisHome 0 Posted June 17, 2013 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 So did the street sweeper clean that chair for you? lol Quote Share this post Link to post Share on other sites
AverageJoe 95 Posted June 17, 2013 Quick update. Just got off the phone with the Det. Apparently the report came back that I have an arrest in Virginia. I explained to him that I have no arrest record at all, let alone in Va. He's looking into it and I am calling him back in a few hours It's definitely a mistake with someone who prob has the same name. Years back I was pulled over and the officer came back to the car saying, umm...theres a warrant for your arrest, you're not going anywhere...after a calm discussion (he could tell by my body language I had a clear conscious) and a verification, they sent me on my way. These things work themselves out. Quote Share this post Link to post Share on other sites
illy 1 Posted June 17, 2013 It's definitely a mistake with someone who prob has the same name. Years back I was pulled over and the officer came back to the car saying, umm...theres a warrant for your arrest, you're not going anywhere...after a calm discussion (he could tell by my body language I had a clear conscious) and a verification, they sent me on my way. These things work themselves out. Yup, that stuff happens**. But it's usually cleared up quickly. As in before the chief issues you an official denial of your rights letter. **I was offered a ride and some shiny bracelets (at gun point) in Totowa 15 years ago. Someone with my same (or similar) name had a warrant for a robbery charge out of Jersey City. Once I was in 'custody' I said something (calmly) like "let's go run my prints so I can prove you've got the wrong guy" At that point he pulled up my sleeves, saw no tats, advised me to contact JCPD to straighten it out and off I went. Quote Share this post Link to post Share on other sites
Kingsoverqueens 10 Posted June 17, 2013 My old neighbor has a story like this. His in basement watching the game when his wife calls to him..."Craig, the warrant police are here." They immediately realized they had the wrong Craig, because he's a short middle aged white guy and they were looking for a large 20 something black guy. To complicate his problem; he owns a limo and is in and out of the airports, and dealing with Port Authority, all the time. He's got to carry a letter from a judge attesting that he isn't the Craig with warrants. Quote Share this post Link to post Share on other sites
Anselmo 87 Posted June 17, 2013 Quick update. Just got off the phone with the Det. Apparently the report came back that I have an arrest in Virginia. I explained to him that I have no arrest record at all, let alone in Va. He's looking into it and I am calling him back in a few hours That is good news. Quote Share this post Link to post Share on other sites
jgofnj 5 Posted June 18, 2013 Any update on this story? Quote Share this post Link to post Share on other sites
TulsaJohn 1 Posted June 18, 2013 Hopefully your ( the other you) still in jail in Virginia! That will make things easier. Quote Share this post Link to post Share on other sites
NJGuy732 0 Posted June 23, 2013 Sorry for the delay. Things are taking longer than I thought. To keep from typing the entire story I'll cut to the chase. I'm heading to court to appeal this. I will update the particulars later but I dont see this being a problem. A pain in the butt, yes. Quote Share this post Link to post Share on other sites
Nickel1911 0 Posted June 23, 2013 Sounds like a problem to me if it needs to be brought up in front of a judge. Good luck to you. Hope your able to get it straightened out. Quote Share this post Link to post Share on other sites
AverageJoe 95 Posted June 23, 2013 The actual person who was arrested in Va should have their picture on file no? All they gotta do is get the arrest records from Va and see it wasn't you. Quote Share this post Link to post Share on other sites
H.M. Murdock 0 Posted June 24, 2013 Quick update. Just got off the phone with the Det. Apparently the report came back that I have an arrest in Virginia. I explained to him that I have no arrest record at all, let alone in Va. He's looking into it and I am calling him back in a few hours You probably already know this but even if you are talking to a Det or the C.O.P. about clearing the underlying issue you still need to file an appeal with the county (Superior) court within 30 days of the letter The town may meet with you, be friendly to you, promise to look into the problem, etc. but once that 30 days is up you are shit out of luck with a permanent denial on your record regardless of what they've said to you I noticed that Anselmo offered to provide templates for the letters you need to send the town, state and Superior court. I would take advantage of that offer and send them out ASAP (certified mail with return receipt with plenty of time to spare before the deadline) even if you plan on retaining a lawyer later. Then you are assured your appeal prior to an official denial and your lawyer can later notify the court to be attorney on record (and file a request for discovery, etc.) prior to the court date (which will be months away as the rate the towns (particularly the ones that belong to Mayors Against Guns) are increasing their denials For a lawyer you are looking at a few thousand bucks start to end. I am curious how much Shawn saved by preparing and arguing his case and only having the lawyer do the paper work. That sounds like a good plan if you can articulate yourself well! Quote Share this post Link to post Share on other sites
DbleTrouble 8 Posted June 24, 2013 ^^^ If you get close to the 30 day period and don't have much time left before 30 day period send the letters certified and keep the receipts. Quote Share this post Link to post Share on other sites
NJGuy732 0 Posted July 2, 2013 Appeal request letter dropped off and stamped at the courthouse. Found it interesting that the lady that took the letter told me "we have piles of appeals". Thanks going out to Anselmo for the template. It was great and made the whole thing go smoothly. Quote Share this post Link to post Share on other sites
NYMetsFan86 9 Posted July 2, 2013 "We have piles of these"........wwwoowww........."im sure you do, maybe you should get your S**t moving a bit faster..No?!" Glad you got it in when you needed to..Good luck! Quote Share this post Link to post Share on other sites
wink-_-wink 1 Posted July 4, 2013 Your military... AUTO DENIAL! lol you obviously have PTSD and may not have committed a violent crime yet but you obviously will due to your military service! Jerkoffs! The mentality of this country amazes me sometimes!! At one point I was told "you went to Afghanistan so you have PTSD and the way the LAWS ARE GOING"... had to stop the officer and advise him he wasn't a doctor and I have not been clinically diagnosed of anything and the way the laws are going are not how the laws are written NOW so they are irrelevant... This may be part of the reason I am STILL waiting on my permits lol but being that it is taking 5 months for permits... and the officer working them hates doing them, I will be dropping off 2 more permits the day I pick up these current ones.... HAHAHHA Quote Share this post Link to post Share on other sites
JrzyGuy30 0 Posted July 11, 2013 moral of the story, don't move to Linwood! Quote Share this post Link to post Share on other sites
NJGuy732 0 Posted July 19, 2013 moral of the story, don't move to Linwood! Not Linwood or NJ messing up this time. Turns out the info that the Det was looking at was in fact me. I got an Article 15 several months before I retired from the Army early this year. By some twist of fate and extremely bad luck, what should have been a small thing was reported as me pleading guilty to not 1 but 2 violent felonies!!! Yet, not spending 1 second in jail?!?!? My former 1SG is trying to work with CID to figure out how it happened and how to get it rectified. While I have ALOT of faith in my former 1SG, I have come to realize that this is a bigger situation than I am able to handle without a lawyer. Can anyone recommend someone in Atlantic County. Quote Share this post Link to post Share on other sites
jgofnj 5 Posted July 20, 2013 please educate me. What is an "Article 15"? What is "1SG"? What is "CID"? Quote Share this post Link to post Share on other sites
colnar 0 Posted July 20, 2013 An Article 15 is "nonjudicial punishment." It's often called "Mast" in the Navy and Marine Corps. It's kind of a "mini-trial" conducted by the commander if someone commits a punitive offense under the Uniform Code of Military Justice (UCMJ), and the commander feels the offense is too minor to warrant a full-blown court-martial. It's best to think of it as a misdemeanor court, vs. a felony court (which would be more indicative of a court-martial). 1SG is a First Sargeant CID is the Criminal investigation department for the Army. Kinda like the Navy's NCIS. Quote Share this post Link to post Share on other sites
djg0770 481 Posted July 20, 2013 Everything in the military involves some sort of acronym/abbreviation etc. Quote Share this post Link to post Share on other sites