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Question re CCW applications

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I am just wondering.

 

It seems we all here in this forum are under the impression that if you apply for a carry permit and get rejected, that rejection wil be noted and given as a reason for further rejection of simple Pistol purchaser permits.

 

It seems logical but I wonder if it has actually happened or are we just assuming. In my town the officer in charge of permits is a good man and I say hello to him when I see him. I had thought to ask him him what he would do, since it would be mostly up to him to make the decision to reject a pistol permit based on a rejected CCW permit.

 

Does anyone know of any case laws or facts about this before I ask him and make a fool out of myself?

It's not up to him. It's up to the CLEO and a Judge. Even if you had the CLEO on your side, the Judge would be a tougher sell. So, unless you hang around Police Chiefs and Judges all day that will let you do this, then it's highly doubtful.

 

I wonder what happens during the NICS check though... like if you applied for CCW and got rejected, then what is stopping you from just saying that. All it meant was that you didn't meet the impossible to define 'justifiable need' to getting CCW. It doesn't mean you're a prohibited person though.

Rejection of a purchase permit is not up to a judge. I think you misunderstood bulpup's post.

 

Bulpup, I don't think there's any harm in asking, but be prepared for an antigun screed. When I asked about the ammo that our cops carry, the chief told me that I wasn't allowed to have them, since they were hollow points. I did correct him, politely, and it did change the conversation to a more favorable one. But just be prepared.

Rejection of a purchase permit is not up to a judge. I think you misunderstood bulpup's post.

 

Bulpup, I don't think there's any harm in asking, but be prepared for an antigun screed. When I asked about the ammo that our cops carry, the chief told me that I wasn't allowed to have them, since they were hollow points. I did correct him, politely, and it did change the conversation to a more favorable one. But just be prepared.

 

No, but rejection of a CCW is.

 

But as I said, I don't think there is a statute or AC which says you become a 'prohibited person' if you're rejected for a CCW. That's an entirely different requirement.

 

Also, you have room on those forms to explain why you got rejected on the CCW (no justifiable need)... so it's not a major hurdle for the local PD to confirm that.

  • Author

Correct Big Hayden. That is what I was asking. I suppose the lack of resonses about actual cases of this tripping people up are either non-existant and just no one cared to reply.

 

In any case, I will ask the officer in charge and see what he would do. Thanks guys.

I am just wondering.

 

It seems we all here in this forum are under the impression that if you apply for a carry permit and get rejected, that rejection wil be noted and given as a reason for further rejection of simple Pistol purchaser permits.

 

It seems logical but I wonder if it has actually happened or are we just assuming. In my town the officer in charge of permits is a good man and I say hello to him when I see him. I had thought to ask him him what he would do, since it would be mostly up to him to make the decision to reject a pistol permit based on a rejected CCW permit.

 

Does anyone know of any case laws or facts about this before I ask him and make a fool out of myself?

 

I think this CCW denial concern is more myth than fact. People get denied permits by their local PD, appeal and get them granted by a judge. Even if the local PD deny based on a CCW rejection because it's not in the best interests of society it does not make you a prohibited person and a judge will overturn the denial. Remember that NJ is a shall issue FID and P2P state. The state has to prove why you shouldn't be issued the P2P. Being denied a CCW is not a valid reason.

I think this CCW denial concern is more myth than fact. People get denied permits by their local PD, appeal and get them granted by a judge. Even if the local PD deny based on a CCW rejection because it's not in the best interests of society it does not make you a prohibited person and a judge will overturn the denial. Remember that NJ is a shall issue FID and P2P state. The state has to prove why you shouldn't be issued the P2P. Being denied a CCW is not a valid reason.

 

If being denied is not an issue why the heck do they put the question on the form?

Yes you can get the denial reversed, but the problem is you have to go through all the extra work and take time off from your job etc, to get a judge to overturn the towns decision.

If being denied is not an issue why the heck do they put the question on the form?

Yes you can get the denial reversed, but the problem is you have to go through all the extra work and take time off from your job etc, to get a judge to overturn the towns decision.

 

Because they want to know if you've been denied before and why. They want to stop people from getting denied and reapplying in a different jurisdiction. Maybe years ago when the application was developed they didn't have the computerized databases and records that they do now.

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