Odds on NJ FPID with out of state driving conviction

[Adm JCZ 0]

I have a Virginia Reckless driving speeding ticket(78/45) while in the navy. from 2006. I was convicted in absentia while at sea. I paid the fine. This is considered a misdemeanor crime in Virginia punishable by up to 1 year, While the same offense is non criminal in NJ. VA does not have expungement for this offense, only a simple pardon which is rarely granted for such a low level offense in that state.  NJ state law automatically bars anyone with a "crime". i cannot find any case law, where  out of state crime that otherwise would not be a crime in NJ, would apply to a NJ permit.  Should i bother with application or even a lawyer? I want to get a long gun for the home. 

[njJoniGuy 2,131]

Your chances of getting a FID card (and/or Pistol Purchase Permits) depends solely on how much of a ball buster your local Chief of Police is. The decision to grant or reject is at his sole discretion under NJ Statute. The Superior Court "gun" judge in your home county is who you appeal to if the Chief rejects you.

[JohnnyB 4,321]

^^^^^THIS^^^^^  Go for it!

Don't let them intimidate you into giving up your rights! If need be, hire an attorney and FIGHT!

[dajonga 396]

4 hours ago, Adm JCZ said:

I have a Virginia Reckless driving speeding ticket(78/45) while in the navy. from 2006. I was convicted in absentia while at sea. I paid the fine. This is considered a misdemeanor crime in Virginia punishable by up to 1 year, While the same offense is non criminal in NJ. VA does not have expungement for this offense, only a simple pardon which is rarely granted for such a low level offense in that state.  NJ state law automatically bars anyone with a "crime". i cannot find any case law, where  out of state crime that otherwise would not be a crime in NJ, would apply to a NJ permit.  Should i bother with application or even a lawyer? I want to get a long gun for the home. 

Fret not.... I am 50 years old, but I grew up slow and stupid. My NJ driving record as a young man is downright offensive. "Multi-page" as they say in law enforcement. I had at least 2 DL suspensions under the age of 22 for speeding and careless driving offenses. I also have a disorderly persons (DO) conviction on my record...outside of NJ a DO called a misdemeanor. I have learned from my mistakes and have not been ticketed for anything in over 25 years.

When I applied for my initial NJ FPID card 10 years ago, the township detective called to talk about my DO. I was honest and forthright......I told him... "I was a dumb kid who did not 'get it' until I was 25. The rules are meant for everyone. I am not special."

 I got my FPID card without any hassle. I get 6 pistol permits every year and I have passed every background check ever submitted.

I say go for it. If they deny, then go nuclear on them with an attorney. With any luck, you will not need to.

[Adm JCZ 0]

1 hour ago, dajonga said:

Fret not.... I am 50 years old, but I grew up slow and stupid. My NJ driving record as a young man is downright offensive. "Multi-page" as they say in law enforcement. I had at least 2 DL suspensions under the age of 22 for speeding and careless driving offenses. I also have a disorderly persons (DO) conviction on my record...outside of NJ a DO called a misdemeanor. I have learned from my mistakes and have not been ticketed for anything in over 25 years.

When I applied for my initial NJ FPID card 10 years ago, the township detective called to talk about my DO. I was honest and forthright......I told him... "I was a dumb kid who did not 'get it' until I was 25. The rules are meant for everyone. I am not special."

 I got my FPID card without any hassle. I get 6 pistol permits every year and I have passed every background check ever submitted.

I say go for it. If they deny, then go nuclear on them with an attorney. With any luck, you will not need to.

was that DO expunged prior to application for FPID

[fishnut 2,358]

10 hours ago, Adm JCZ said:

I have a Virginia Reckless driving speeding ticket(78/45) while in the navy. from 2006. I was convicted in absentia while at sea. I paid the fine. This is considered a misdemeanor crime in Virginia punishable by up to 1 year, While the same offense is non criminal in NJ. VA does not have expungement for this offense, only a simple pardon which is rarely granted for such a low level offense in that state.  NJ state law automatically bars anyone with a "crime". i cannot find any case law, where  out of state crime that otherwise would not be a crime in NJ, would apply to a NJ permit.  Should i bother with application or even a lawyer? I want to get a long gun for the home. 

I had several speeding and careless driving tickets causing the state to suspend my license for 90days. All in Nj and I had no issues getting my FID card in Nj, Utah non resident ccw permit and now my New Hampshire resident ccw permit.

I'm confident that one reckless driving ticket is not going to jam you up. 

[SJG 253]

11 hours ago, Adm JCZ said:

I have a Virginia Reckless driving speeding ticket(78/45) while in the navy. from 2006. I was convicted in absentia while at sea. I paid the fine. This is considered a misdemeanor crime in Virginia punishable by up to 1 year, While the same offense is non criminal in NJ. VA does not have expungement for this offense, only a simple pardon which is rarely granted for such a low level offense in that state.  NJ state law automatically bars anyone with a "crime". i cannot find any case law, where  out of state crime that otherwise would not be a crime in NJ, would apply to a NJ permit.  Should i bother with application or even a lawyer? I want to get a long gun for the home. 

Before you start the NJ process I would check with an attorney in Va to see if your Va conviction can be vacated on motion. In the Federal System, trial in absentia has been determined by the U.S. Supreme Court to be prohibited since 1993.  That decision was based on the courts interpretation of a FRCrimP. No clue if Va has revisted this issue since then and/or retroactivity. If you can't get it vacated on motion(different than expungement or pardon) you should still apply here anyway, make full disclosure, and attach proof if you can that you were at sea and that the conviction was in absentia. NJ does not permit trial in absentia where the defendant is not present at the outset of the trial but does permit it if the absence happens during the trial.

[DirtyDigz 1,811]

My suggestion - call your police dept., find the officer who handles the firearms investigations and talk to her/him about your VA conviction in advance of applying.  That should give you a ‘read’ on how much of an issue it might be.

I also have a reckless driving conviction in my youth in NJ, has not come up since my initial interview for my very first FID.

[Adm JCZ 0]

GOOD IDEA, I just dont wanna wast my time, money and risk denial which is another question on other state forms.. The local pd probably gets this question all the time . but what the heck

its sad too because i would qualify for conceal carry in VA, given my record, time has past etc. but im  barred, by ambiguous interpretations of law in NJ. All i want to do is to deter invaders and protect my home. The police always arrive after the fact. And i dont think police should be the only ones with guns, in a country like ours... criminal and perhaps government abuse is bound to happen if you disarmed the public 

[dajonga 396]

12 hours ago, Adm JCZ said:

was that DO expunged prior to application for FPID

No. It is still on my record. After all this time, I see no point in getting it expunged. It has not been an issue at all in my life.