peppers 1 Posted May 15, 2016 ok so long story short my lying x girlfriend got me roped in on a charge. i made a deal and got 3 years non custodial probation. guilty by association whatnot. anyway i have already heard the sheriff department tell me to just hide my stuff, probation officer tell me transfer it to a friend (which i did except handguns.) and the police department told me sometimes stuff gets misplaced or disappears completely. now i was told by the police and the probation officer after my time is up i will get my card back i just can't have anything in my home firearm related while on probation. does anyone know if i can just send my handguns off to the same friend i transferred my collectable long rifles to and just make a document that says he is holding them for me? i haven't been able to get a clear answer from anybody on this. Quote Share this post Link to post Share on other sites
mikeyjones 88 Posted May 15, 2016 ok so long story short my lying x girlfriend got me roped in on a charge. i made a deal and got 3 years non custodial probation. guilty by association whatnot. anyway i have already heard the sheriff department tell me to just hide my stuff, probation officer tell me transfer it to a friend (which i did except handguns.) and the police department told me sometimes stuff gets misplaced or disappears completely. now i was told by the police and the probation officer after my time is up i will get my card back i just can't have anything in my home firearm related while on probation. does anyone know if i can just send my handguns off to the same friend i transferred my collectable long rifles to and just make a document that says he is holding them for me? i haven't been able to get a clear answer from anybody on this. I'd contact FSS in Whippany. They handle storage so I'm sure something like this is in their wheelhouse. Quote Share this post Link to post Share on other sites
PK90 3,570 Posted May 15, 2016 I'll assume that your probation is from a guilty plea. If so, you're screwed. Sent from an undisclosed location via Tapatalk. 1 Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted May 15, 2016 I'll assume that your probation is from a guilty plea. If so, you're screwed. Sent from an undisclosed location via Tapatalk. You pled. You're guilty. End of that story. If you could have gotten more than a year in prison for what you pled to you're a felon and your gun days are over. This is what it sounds like to me to get three years probation. These are things you should have considered before your guilty plea. Not enough information to give a fully informed opinion. Based on what you've related I'd say sell off the guns. You need to decide whether you want to sell off all the guns and stay out of jail vs "hiding" some and wind up in the big house. Which has more value to you? I know I'm not showing any sympathy. Just trying to help you stay out of jail. You already know how much jail time you could have gotten for what you pled to so you pretty much already have your answer. If you can't figure it out yourself your lawyer can. Quote Share this post Link to post Share on other sites
peppers 1 Posted May 15, 2016 First of all lawyers are not as knowledgeable as you think. He had no answers for me. Second the sheriff department and the probation officer said I would have my card returned to me after probation. Non custodial probation is not like regular probation. Of you don't have an educational answer then please refrain from posting. Quote Share this post Link to post Share on other sites
ogfarmer 138 Posted May 15, 2016 First of all lawyers are not as knowledgeable as you think. He had no answers for me. Second the sheriff department and the probation officer said I would have my card returned to me after probation. Non custodial probation is not like regular probation. Of you don't have an educational answer then please refrain from posting. no offense but your asking the internet for legal advice 4 Quote Share this post Link to post Share on other sites
WhiskeyTangoFoxtrot 358 Posted May 15, 2016 It's your property. You can do whatever you want as long as the transfer is done legally (i.e. P2P, FID, DL, MH Exemptions or FFL transfer for out of state). You can draft a legal or handshake agreement on the side to have the property transferred back to you at such point in time and NJSP or BATFE would never know or care about it. My advice is to just sell them unless you having something heirloom or amazing. I wouldn't be storing a Glock for three years. They will probably have Gen 5's by then. Also, for some reason, bad things tend to happen in clusters. A person that gets a DUI for the first time in his life tends to get his 2nd or 3rd in a short few months. When you injure a knee, for some reason, it becomes a magnet for subsequent blows or hits. I don't know why, life is like that. It sounds like your ex gf is not above saying you pointed a gun at her (however false it may be). Women can be spiteful, vengeful and crazy like that. The burden of proof is then on you to prove you had no access to a gun however absurd the allegation may be. The only way you can do that is to show legal transfer with all the documentation. Oh, and I don't have a law degree nor graduated high school so take my advice with a grain of salt... Quote Share this post Link to post Share on other sites
Rob0115 1,105 Posted May 15, 2016 I'm not a lawyer and I don't play one on TV. However I slept in a Holiday Inn express last night and I feel great The difference between custodial probation and probation is just a difference of serving jail time. There is no jail time served with custodial probation. So you need to fulfill all the conditions of your probation, which you did not outline here for us, and most likely I don't think you're getting your FID back. You pled guilty to some type of felony to get probation, felons forfeit their guns rights. I understand if you don't want to share details of your situation, I certainly wouldn't. I also wouldn't accept advice from anybody on the Internet including lawyers that you haven't retained. It's best to hire a knowledgeable firearms attorney and go from there. I told you what I thought about no FPID no guns. Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted May 15, 2016 First of all lawyers are not as knowledgeable as you think. He had no answers for me. Second the sheriff department and the probation officer said I would have my card returned to me after probation. Non custodial probation is not like regular probation. Of you don't have an educational answer then please refrain from posting.If your lawyer can't answer your questions then you certainly got the wrong lawyer. Did you mean "educated" answer? IANAL but have over 30 years as a LEO, all but 4 years at the federal level. Forget what the sheriff and police told you about getting your card back. Give the statute number of the crime you pled to. If you could have gotten more than a year in prison instead of probation that makes you a felon under Federal law. No guns for you anymore. That's the way it is. I know you don't like my answer but it is what it is. You pled guilty. Quote Share this post Link to post Share on other sites
PK90 3,570 Posted May 15, 2016 I believe that if it is DVA related, a DP charge is enough to prohibit possession. Sent from an undisclosed location via Tapatalk. Quote Share this post Link to post Share on other sites
mipafox 438 Posted May 15, 2016 If your lawyer can't answer your questions then you certainly got the wrong lawyer. Did you mean "educated" answer? IANAL but have over 30 years as a LEO, all but 4 years at the federal level. Then you should know this. You pled. You're guilty. End of that story. If you could have gotten more than a year in prison for what you pled to you're a felon and your gun days are over. Although there are exceptions on both sides, some crimes considered worse and some excused under statute, the federal law of prohibition for one year convictions is defined as two years for STATE misdemeanors. Quote Share this post Link to post Share on other sites
peppers 1 Posted May 15, 2016 Well I did some Google searching. I contacted a firearms lawyer. I'll see what he says. I can't see 3 agencies telling me I'll get my license back being im sol. But then again this is new jersey. My main concern is placing My handguns someplace safe where if the end of my term I got some reason cannot get my fid card back I can sell them. Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted May 15, 2016 Then you should know this. Although there are exceptions on both sides, some crimes considered worse and some excused under statute, the federal law of prohibition for one year convictions is defined as two years for STATE misdemeanors. I do know this. My guess is this crime didn't involve business trade practices. It also is apparent there are years to go for an expungement. Yes it is 2 years for state misdemeanors. However NJ doesn't have felonies and misdemeanors. They have indictable offenses and disorderly persons offenses. The max jail time for a DP is 6 months. That would be categorized as a misdemeanor in the eyes of the federal government. No one gets 3 years probation for a DP. That leads me to believe this plea for an indictable offense. A 4th degree (lowest level) indictable offense can get you 18 months in jail. That makes it federally a felony. Quote Share this post Link to post Share on other sites
ogfarmer 138 Posted May 16, 2016 Firearms Support and Storage Specialize in these domestic situations.read thru their options https://firearmssupport.com/storage/ Quote Share this post Link to post Share on other sites
Rob0115 1,105 Posted May 16, 2016 Even with a chance of getting your guns back, doubtful, 3 years is a lot of money to store them. Only you would know if they worth the money to store them but most likely the cost for 3+ years would be prohibitive and maybe not a smart investment. Even after the 3 years you may need some time to get your rights restored. You may just want to sell them and acquire new guns if the opportunity presents itself in the future. Quote Share this post Link to post Share on other sites
302w 83 Posted May 16, 2016 Sell your HGs to someone you trust. When you get an FID get your P2Ps and buy them back or have the honest person sell them if you are ineligible. Selling to an out of state person would be better since you don't have to work with OGAM exceptions. Will need FFL though. Quote Share this post Link to post Share on other sites
weekend_junkie 129 Posted May 16, 2016 If your lawyer can't answer your questions then you certainly got the wrong lawyer.100% correct. I have a good friend who is a municipal counsel and also my attorney for things like real estate. When I sold my house and needed to know if an unused P2P was still valid, he was completely unequiped to advise me. Verdict? Get the right counsel for the task at hand. Quote Share this post Link to post Share on other sites