I am curious if this would prevent me from obtaining a handgun permit.  I already have an FID.  I have an arrest record (only 1 incident) with having a pump action 12 gauge pistol grip shotgun listed as an assault weapon.  Now, that forum post is on this site as well, so all details can be seen if you so desire, but long story short, that law only applies to semi-atuo shotguns, not pump.  I had the case officially dismissed and my gun returned, however, I still have it on my arrest record.  My question is would this prevent me from being accepted for a handgun permit?  I only ask because I am interested in a handgun that is in high demand, and difficult to obtain,and so I am being asked to put a full payment on it in order to receive it and would hate to loose 6-700 bucks if I am denied.  Thank you in advance!

Arrest and conviction are two very different things.  I think I remember your incident.  You may want to look into having the arrest record expunged.  The form asks for convictions not arrests so even without the record expunged you should be okay.

I am curious if this would prevent me from obtaining a handgun permit.  I already have an FID.  I have an arrest record (only 1 incident) with having a pump action 12 gauge pistol grip shotgun listed as an assault weapon.  Now, that forum post is on this site as well, so all details can be seen if you so desire, but long story short, that law only applies to semi-atuo shotguns, not pump.  I had the case officially dismissed and my gun returned, however, I still have it on my arrest record.  My question is would this prevent me from being accepted for a handgun permit?  I only ask because I am interested in a handgun that is in high demand, and difficult to obtain,and so I am being asked to put a full payment on it in order to receive it and would hate to loose 6-700 bucks if I am denied.  Thank you in advance!

 

I remember that as well. My suggestion is to get an attorney, have the arrest expunged, and sue the **** out of the police department.

Questions 17 and 18.... You were arrested but not convicted so you're good to go.

 

(17) Have you ever been convicted

 of a disorderly persons offense, that 

 has not been expunged or sealed?

 

(18) Have you ever been convicted

 of a criminal offense that has

 not been expunged or sealed?

I know they are different, however, in a state that already is fussy with handing out guns I was wondering if seeing an arrest charge for a firearm related incident would prevent me from obtaining a permit to purchase another firearm.  I do deal with the state police, so my paperwork is with them so I do have more faith in them that they will see the charge, laugh at it, and then grant my permit.  However, still figured I would ask as that is a lot of money to lose.  I found a dealer that could order my exact firearm I want, however it will cost me about 700 after taxes, and other fees.  He said he needs the full payment to order to gun, but once I order it, it is mine even if I do not get accepted for the permit.  He said I could sell it but I would hate to be without that much money for an unknown amount of time, granted it is a hot item.  I also doubt a dealer would be willing to special order a gun for someone who they didnt think would be able to take it but I am new to handguns.

 

To the people suggesting I have the record expunged, I am working on getting that done, but currently do not have the funds to see that through.  That is something that, once I am in a place to afford, I am going to get that done no questions asked.  Just wanted to know if seeing a firearm related arrest charge, though it was dismissed and my gun returned, would cause them to be iffy on granting me a handgun permit.

i would contact a lawyer and ask them what they think you should do. they might suggest putting the money toward getting it expunged rather than the new pistol.

The expungement would be more important to me than a new gun.

 

Sent from an undisclosed location.

 

 

Were you arrested in the same town you are applying in? 

Contact an attorney, Sue pd, receive funds, expunge record, buy home with funds from lawsuit, buy the gun you want too.

Not trying to stir the pot, but why should OP have to pay for something that he didn't do wrong?

 

+1^

I hate telling you to get an expungement because you should never been arrested in the first place. Get a lawyer, get it expunged then look into recourse for the false arrest

Were you arrested in the same town you are applying in? 

 

No I was arrested in Cherry Hill NJ by Cherry Hill PD, and am applying for one handgun permit in through the state police in Hamilton NJ.  I live in Allentown.

I believe you can get the record expunged by yourself but it takes some processing time. Google expungement NJ Court System.

What kind of idiot arrested you for that?   SMFH...

Get more than 1 permit!

 

I'd put in for it, then if you get denied you have even more recourse against the PD because it's impeding on your rights.

What kind of idiot arrested you for that?   SMFH...

 

an entire police department including a supervisor.  With how many cops and flashing lights there were, you'd think they found a bazooka mounted on top of my car.

So pretty much what I am gathering from your guys' opinion is this shouldn't cause for a denial of a permit?

I just had a record expunged for 775.00.  Do this first then apply for the permit.  If you need the name of the guy I used just PM me.  They handled it all and I had to do nothing.

I just had a record expunged for 775.00.  Do this first then apply for the permit.  If you need the name of the guy I used just PM me.  They handled it all and I had to do nothing.

 

PM sent.  Thanks

For Reference Purposes Only > PRIOR INCIDENT

To be fair I'm not privy to the case details. I would recommend consulting with an attorney, If you're a member of certain clubs or organizations, they do keep lawyers on retainer. If not, I would suggest contacting the New Jersey Second Amendment Society. The can refer you to an attorney with firearms law experience.

if you were prohibited they would of had you surrender your fid card. go for it.

I just googled "expungement NJ courts" and there is a link to an expungement kit put to together by the state. You and download it (34 pages I think) and see if you can do what it says. You can also get a lawyer to do it (a list comes with the google search).

 

Unless you don't want to be bothered you can spend the money for a lawyer but its not hard to do yourself.

 

You don't need a "firearms attorney" for this. Any lawyer can do it if that's the route you want to go.

I remember that as well. My suggestion is to get an attorney, have the arrest expunged, and sue the **** out of the police department.

I'm not an attorney, but I would think you'd have a very strong lawsuit for wrongful arrest. At the very least, they should pay your expungement costs.

 

You're going to want it expunged anyway, so why not just do it first. I agree with everyone that this should be no cause for a denial, but if your police chief has the same IQ as the cops that arrested you, he might deny anyway, and then you'd have to check that box in future apps

if you were prohibited they would of had surrender your fid card. go for it.

this is actually a very good point

this is actually a very good point

 

I agree, now that I think about it...  I also got my shotgun back so I am thinking that if I was prohibited to purchase firearms since that incident, they would have taken my FID card, and especially not returned my shotgun.  Although, I am just concerned that seeing a firearm related offense, even if it was dismissed, my property returned, and I do not actually have an illegal assault weapon, might still make the guy approving and denying applications uneasy.  This one incident is my only arrest, and I have no other arrest records or criminal charges or anything.

I did a transfer for a guy who was arrested (I don't know exactly what for, but I got the impression it was serious enough) and the charges were later dismissed. He had no problems getting PPP's but said he always gets put in pending when he does his NICS checks, but is always approved later on (anywhere from 10 minutes to a day later).

I did a transfer for a guy who was arrested (I don't know exactly what for, but I got the impression it was serious enough) and the charges were later dismissed. He had no problems getting PPP's but said he always gets put in pending when he does his NICS checks, but is always approved later on (anywhere from 10 minutes to a day later).

 

That is reassuring to hear.  Thank you for mentioning that.

There is no justifiable reason for you to be denied, but let's not forget the circumstances of your arrest. Things happen in this state that have no justification. Especially when it comes to firearms.

 

I don't know if an arrest only is handled differently, but you can easily expunge a conviction by yourself for less than $200. It will take a while, but if you follow the I suction s to the letter, it is pretty much a formality.

 

If it were me, I would delay the handgun purchase and get ths record taken care of. As much as I am appalled by the sue-happy attitudes in NJ, in this case I think it would be justified. If for no other reason than to drive the point home to the Cherry Hill PD that they need to know the laws and can't just run around violating the citizens' rights due to ignorance and over zealousness. More than one tit should be in a wringer over this.

 

Good luck.

You weren't convicted, your firearm was returned and they didn't take your FID. Don't over think this. Apply and answer the questions truthly as no. If you get denied, you have more reason to sue