ManWithBeard 2 Posted June 21, 2015 A Burlington man's wife, who has felony drug convictions and has been accused of domestic violence, is being used as the reason he cannot obtain a FPID & purchase permits. http://www.nbcphiladelphia.com/news/politics/New-Jersey-Man-Denied-Gun-Permit-308737041.html?_osource=SocialFlowTwt_PHBrand Quote Share this post Link to post Share on other sites
DSD1026 48 Posted June 21, 2015 this isnt exactly a surprise. "constructive possession" and all that.. more than likely, it was the accusal of domestic violence against his wife that did him in here. once that is on the books (conviction or not), that is almost a guarantee that he would be denied as long as she is still living in the same house Quote Share this post Link to post Share on other sites
mipafox 438 Posted June 21, 2015 I have a friend in South Jersey that became prohibited and his 10 year live-in girlfriend took possession of his firearms in their home. Judge knew, DA knew, cops know. Nothing illegal about it as long as he does not possess them AFAIK. Quote Share this post Link to post Share on other sites
1LtCAP 4,259 Posted June 21, 2015 I have a friend in South Jersey that became prohibited and his 10 year live-in girlfriend took possession of his firearms in their home. Judge knew, DA knew, cops know. Nothing illegal about it as long as he does not possess them AFAIK. they don't seem to care about firearms in possession already. the article i read on this said he had a few older rifles already, but that the chief refused him any new permits. the article i'd read didnt' say anything about any charges against him though...just that she was a drug addict........either way, in my understanding of the laws, if the guy has nothing on him himself, they cannot refuse him these permits...... Quote Share this post Link to post Share on other sites
Polak 3 Posted June 21, 2015 they don't seem to care about firearms in possession already. the article i read on this said he had a few older rifles already, but that the chief refused him any new permits. the article i'd read didnt' say anything about any charges against him though...just that she was a drug addict........either way, in my understanding of the laws, if the guy has nothing on him himself, they cannot refuse him these permits...... I agree. They can't bar you from owning or buying firearms because you live with someone with a record. Quote Share this post Link to post Share on other sites
glockamole 0 Posted June 21, 2015 I agree. They can't bar you from owning or buying firearms because you live with someone with a record.They sure can! It's NJ were special.... Sent from my Nexus 6 using Tapatalk Quote Share this post Link to post Share on other sites
JohnnyB 4,289 Posted June 21, 2015 AFAIK possession of a firearm by a Felon is a no go, obviously! Possession of a firearm by a non exempted person who shares the same residence is legal as long as those firearms are stored off site or stored in a safe or locked container that the exempted person does not has access to. I call BS on this being a valid reason to deny a FPID to a qualified person. I will see if I can find the statute. Quote Share this post Link to post Share on other sites
djg0770 481 Posted June 21, 2015 Of course it's BS, however this is NJ and if we can make any reason to prevent a person from owning or acquiring a firearm or more firearms despite the fact that they may ALREADY own and possess firearms legally, well that's the agenda, plain and simple. We're shoveling against the tide, however the answer is to not give up, it's to shovel faster. Quote Share this post Link to post Share on other sites
maintenanceguy 509 Posted June 21, 2015 I've changed my opinion on whether felons should be allowed to possess firearms. It's becoming easier and more common to become a felon. Maybe violent felons should be prohibited but other felons should have that right restored after they've finished their sentence. Quote Share this post Link to post Share on other sites
1LtCAP 4,259 Posted June 21, 2015 I've changed my opinion on whether felons should be allowed to possess firearms. It's becoming easier and more common to become a felon. Maybe violent felons should be prohibited but other felons should have that right restored after they've finished their sentence. i've never liked the generalization of "felon". you can become a felon for writing a bad check. should that really preclude you from voting or owning a firearm? Quote Share this post Link to post Share on other sites
Midwest 28 Posted June 21, 2015 I've changed my opinion on whether felons should be allowed to possess firearms. It's becoming easier and more common to become a felon. Maybe violent felons should be prohibited but other felons should have that right restored after they've finished their sentence. What is a misdemeanor in in one state is a Felony in another. The threshold for felony shoplifting can be $200, $500 or $1,000 depending which state. Drunk driving laws vary greatly too. A second drunk driving conviction in 5 years can be a felony in one state or a misdemeanor in another. I believe non violent felons should have their rights restored after serving their time and making restitution if applicable. Martha Stewart is a good example of a non violent felon. She should have her rights restored, G Gordon Liddy too. Others might disagree and that is OK too. But once someone has Felony conviction on their record, they are essentially marked for life. Does someone who pushed paperwork the wrong way be treated the same as someone who pushed drugs? Should someone who shoplifted $201 get that scarlet letter (Felon) for life versus someone who shoplifted $199 and got a misdemeanor ? Is the white collar criminal the same threat to society as an murderer? These are all questions that need to be resolved someday. Be it said I am not some liberal who thinks that no one should face jail time for committing crimes. But does that crime justify being branded for life? Should someone who got caught pissing in a park at night be labeled a sex offender? Should someone with a second drunk driving conviction in 5 years get a Felony conviction? Should someone who did a white collar crime 10 years ago and served their sentence and paid their fines and remained out of trouble for those 10 years still carry the stigma of being labeled a Felon? As for the Burlington man and is situation, the easy thing to suggest is to have him contact Evan Nappen. The man should not have his rights violated, I know this is New Jersey and all that. But if he has no record he must not have his rights denied. This story needs to get traction on a National level. Quote Share this post Link to post Share on other sites
JohnnyB 4,289 Posted June 22, 2015 An in-law in my family is a convicted Felon! He can't own or even be near a gun, nor can anyone who lives with him! His crime was Felony Copyright Infringement! He posted a pre release copy of a movie on the internet! The movie studio wanted to make an example of him and sued him in Federal Court in Manhattan, NY for 43 Million Dollars since the movie actually sucked and did poorly in the theaters. They got $7,500 and 6 months house arrest. He caries the title "convicted Felon" for life for a stupid mistake! Quote Share this post Link to post Share on other sites
maintenanceguy 509 Posted June 22, 2015 I know a retired police detective. A mom came in to the station upset that her 15 year old daughter was having sex with a boy in her class and wanted him charged with statutory rape. He tried to talk her out of pushing the issue but she was angry and insisted. The problem was that the boy was also 15. Since 16 is the age of consent, each was guilty of raping the other and for some reason the prosecutor decided the case had merit. Now, 15 years later, they are both on the sex offender's list for life. Thank goodness society was protected from these two dangerous individuals. Should consensual sex with someone your own age in high school prevent you from ever owning a gun again? Quote Share this post Link to post Share on other sites
mipafox 438 Posted June 22, 2015 I'm taking a look at the past few posts and the reality has been glossed over a bit. You don't need a felony conviction to lose your rights to touch firearms or ammo in all of the US for the rest of your life. A misdemeanor (vague term) that is punishable by 1 year (federal) or punishable by 2 years (state, read the statute definition section) can ban you from firearms ownership for the rest of your life. Such as a drunk driving arrest in certain jurisdictions, a fist fight in all jurisdictions, a little weed, etc. Don't forget being arrested for yelling at your wife. You can get a conviction for yelling at your wife in many jurisdictions that can end your 2A rights forever. Even if you never spend a day in jail. I would bet most people that are barred from firearms ownership nation-wide are not felons. Quote Share this post Link to post Share on other sites
son of sam 9 Posted June 22, 2015 What is a misdemeanor in in one state is a Felony in another. The threshold for felony shoplifting can be $200, $500 or $1,000 depending which state. Drunk driving laws vary greatly too. A second drunk driving conviction in 5 years can be a felony in one state or a misdemeanor in another. I believe non violent felons should have their rights restored after serving their time and making restitution if applicable. Martha Stewart is a good example of a non violent felon. She should have her rights restored, G Gordon Liddy too. Others might disagree and that is OK too. But once someone has Felony conviction on their record, they are essentially marked for life. Does someone who pushed paperwork the wrong way be treated the same as someone who pushed drugs? Should someone who shoplifted $201 get that scarlet letter (Felon) for life versus someone who shoplifted $199 and got a misdemeanor ? Is the white collar criminal the same threat to society as an murderer? These are all questions that need to be resolved someday. Be it said I am not some liberal who thinks that no one should face jail time for committing crimes. But does that crime justify being branded for life? Should someone who got caught pissing in a park at night be labeled a sex offender? Should someone with a second drunk driving conviction in 5 years get a Felony conviction? Should someone who did a white collar crime 10 years ago and served their sentence and paid their fines and remained out of trouble for those 10 years still carry the stigma of being labeled a Felon? As for the Burlington man and is situation, the easy thing to suggest is to have him contact Evan Nappen. The man should not have his rights violated, I know this is New Jersey and all that. But if he has no record he must not have his rights denied. This story needs to get traction on a National level. Its not so much the crime as what it says about the persons judgement. There are people out there that have felony conviction who maybe should have their rites restored. I know one in particular who is a very positive member of society, yet he has a felony possession (weed) charge from when he was 18. At the same time I dont want to appoint and pay for someone to make those calls on an individual basis. If you used your pen to steel $1m this time, who is to say you wont use a gun to do it the next time? Its illegal either way. Quote Share this post Link to post Share on other sites
Midwest 28 Posted June 22, 2015 Did the Burlington man contact Nappen or hired an attorney? Is any Pro-Gun group involved with helping him? Quote Share this post Link to post Share on other sites
DSD1026 48 Posted June 22, 2015 He did have an attorney, but I dont think it was Nappen Quote Share this post Link to post Share on other sites
1LtCAP 4,259 Posted June 22, 2015 Its not so much the crime as what it says about the persons judgement. There are people out there that have felony conviction who maybe should have their rites restored. I know one in particular who is a very positive member of society, yet he has a felony possession (weed) charge from when he was 18. At the same time I dont want to appoint and pay for someone to make those calls on an individual basis. If you used your pen to steel $1m this time, who is to say you wont use a gun to do it the next time? Its illegal either way. it's very simple really. do you trust them to walk amongst yourself, and those you love? if so, then you should be able to trust them with a firearm(after all they operate a weapon every day more than likely anyway). if you cannot trust them with a firearm, then they should still be in jail. there will be exceptions to this rule. Quote Share this post Link to post Share on other sites
jackandjill 683 Posted June 22, 2015 If you are good enough to live outside and pay taxes, then you should be good enough to exercise your constitutional rights. Quote Share this post Link to post Share on other sites
Howard 538 Posted June 22, 2015 It's rather sad they want to take away your rights to the 2nd amendment if a spouse is a felon while simultaneously in some areas they are changing the laws to allow ex-cons the right to vote. Quote Share this post Link to post Share on other sites
fslater 62 Posted June 27, 2015 re: felon, if you get a speeding ticket on federal property and don't pay it, you've committed a felony . Quote Share this post Link to post Share on other sites
jtd771 18 Posted June 27, 2015 It's rather sad they want to take away your rights to the 2nd amendment if a spouse is a felon while simultaneously in some areas they are changing the laws to allow ex-cons the right to vote.Politicians need votes and they don't care from whom they get them. Some politicians dont like an armed citizenry. It presents an obstacle and threat to there complete power. Quote Share this post Link to post Share on other sites
GRIZ 3,365 Posted June 27, 2015 re: felon, if you get a speeding ticket on federal property and don't pay it, you've committed a felony . Statute? Quote Share this post Link to post Share on other sites
fslater 62 Posted June 28, 2015 I'm not sure where/what the statute is. I had a close friend who worked at a regional distribution Post Office (ie very large property) with posted speed limit signs @ 15 mph. I got ticketed doing 30. The cop informed me of the felony if blown off thing. The fact of it being ridiculous aside, what other jurisdiction could it fall under? A speed limit on federal property is a federal law thus no matter how petty it is its a felony. Like I said I don't know the statute and I'm not a lawyer, but what other jurisdiction could/would it fall under? Quote Share this post Link to post Share on other sites
Zeke 5,504 Posted June 28, 2015 Umm, did everybody miss the point that he has guns already in the home? No gun crimes have occurred with the female in question. Sooooo, Quote Share this post Link to post Share on other sites
GRIZ 3,365 Posted June 28, 2015 I'm not sure where/what the statute is. I had a close friend who worked at a regional distribution Post Office (ie very large property) with posted speed limit signs @ 15 mph. I got ticketed doing 30. The cop informed me of the felony if blown off thing. The fact of it being ridiculous aside, what other jurisdiction could it fall under? A speed limit on federal property is a federal law thus no matter how petty it is its a felony. Like I said I don't know the statute and I'm not a lawyer, but what other jurisdiction could/would it fall under? Nothing against you but this is an example of all the bs misinformation going around. All federal violations are not felonies. If you can get more than a year in jail it's a felony, less than a year a misdemeanor, 5 days or less it's an infraction. Was the speeding ticket on post office property given by Postal Police? Was the ticket for federal court? Whoever it was failure to appear is not a felony. Speeding on federal property would at most be a misdemeanor. Quote Share this post Link to post Share on other sites
Avalanche 42 Posted July 4, 2015 Nothing against you but this is an example of all the bs misinformation going around. All federal violations are not felonies. If you can get more than a year in jail it's a felony, less than a year a misdemeanor, 5 days or less it's an infraction. Was the speeding ticket on post office property given by Postal Police? Was the ticket for federal court? Whoever it was failure to appear is not a felony. Speeding on federal property would at most be a misdemeanor. Yup - Ive been lurking here for a long time, some of the things said lead me to believe there isnt much common sense left in the community, which scares me. Quote Share this post Link to post Share on other sites