My cousin said he was convicted of possession and intent to sell marijuana 15 years ago. There was no jail time. He says it was about an ounce or two. Currently he owns a home in an upper middle class area, works a steady job, is married with two kids. Typical suburban dad these days, just did dumb shit when he was a young adult.

 

I have been researching and it seems like that offense shouldn't bar him from getting his purchase permits. Can anyone clarify? He wants to become a firearm owner after all the crap that has been going on.

Distribution? I hope so.

 

Sent from an undisclosed location.

 

 

Distribution? I hope so.

 

Sent from an undisclosed location.

 

Eh it'll be legal in like 20 or so years. It was weed not meth or heroine.

^ for pot? what a joke! its not like he was selling heroin. Hate to tell you but pot will be legal soon, as it should be

 

Albanian- I would hope not but its the intent to sell that's going to jam things up. Id look into getting it expunged but I know several people who have been busted for possession of marijuana and had no problem getting their FID without getting it expunged. But none of them had intent to sell charges

you beat me to it Albanian

Aame thing. But that is a discussion for another thread.

 

Sent from an undisclosed location.

 

 

hopefully this criminal won't get a gun 

Distribution? I hope so.

 

Sent from an undisclosed location.

Beat me to it. 

 

I'm not up on drug laws from 2000. If it was punishable by a year or more than he cannot get one.

Stay on topic. I did not ask what you guys thought of his convictions or what you hope would happen.

Beat me to it. 

 

I'm not up on drug laws from 2000. If it was punishable by a year or more than he cannot get one.

 

His probation was a year.

your asking a online forum what you expect for answers. Have your cousin spend $45 and join anjrpc and contact one of the lawyers listed on their site for members.

your asking a online forum what you expect for answers. Have your cousin spend $45 and join anjrpc and contact one of the lawyers listed on their site for members.

Just reminding them to stay on topic lol

 

I think he is going for expungement.

1. How old was he when he was convicted?

2. What was the quantity involved in the poss with intent conviction

3. Was he incarcerated? Was he placed on probation? Was he fined, and if so, did he pay it?

4. Does he have any subsequent convictions of indictable offenses and or disorderly persons offenses, and if so what were they and what was the sentence

5. Prior to his convictions was he ever granted a conditional discharge for any prior drug related offenses?

 

His eligibility for expungement, depends on specific answers to these questions

He was 20

 

He said no more than 2 ounces

 

Placed on probation and fined, I assume he paid it.

 

No other offenses

 

No conditional discharges for prior drug offenses

Eh it'll be legal in like 20 or so years. It was weed not meth or heroine.

Just tell him to put exactly what you wrote here on the form and he should be good to go.

Just tell him to put exactly what you wrote here on the form and he should be good to go.

Oh ho so funny.

 

I'm beginning to see why NJ is a lost cause for gun rights. I got my answers, thanks to those who helped.

Sounds like a misdemeanor.

 

He should get his record expunged.  That should take care of it.

OP, being your cousin, you are sympathetic to his situation. But others here arent.

 

I personally believe everyone who walks in free society, pays taxes and votes should be able to exercise 2A. But any of these opinions doesn't help your cousin situation.

 

Ask him to get a competent lawyer or at least give someone like Nappen a call.

I was arrested for pot when I was 18. When I went for my first gun permit I was denied because I put that I was never convicted of a crime. What I actually did was get charged and entered into their drug program where you have to pay $1500 and go for a urine test every so often. But I thought it was just a charge with no conviction. Turns out in the policemans eyes I was wrong. So now when ever I go for new permits I write that I was charged and entered into their program and haven't had any issues since. Tell him to go ahead and tell the truth. Tell them he is a father of 2 and hasn't had any trouble with the law since he was a dumb kid.

I was arrested for pot when I was 18. When I went for my first gun permit I was denied because I put that I was never convicted of a crime. What I actually did was get charged and entered into their drug program where you have to pay $1500 and go for a urine test every so often. But I thought it was just a charge with no conviction. Turns out in the policemans eyes I was wrong. So now when ever I go for new permits I write that I was charged and entered into their program and haven't had any issues since. Tell him to go ahead and tell the truth. Tell them he is a father of 2 and hasn't had any trouble with the law since he was a dumb kid.

You paid a fine so I am guessing that somewhere in there was a form where you pled no contest or something to get into the program so that probably counted as a conviction. Just a guess though.

-Jim

Proper route:

expungement

apply for gun permit after expungement

exercise rights

Shouldn't go against him. I've seen several times where people got distribution against them as well and it was just because they had a certain amount, I believe if it's over a 8th then you get distribution as well. I know atleast from my area he would be ok, a friend of mine got arrested for possession and distribution and he was able to get it. Believe it happened when he was 20 and he was 26 when he applied for license.

He is over the limit on quantity on the with intent conviction. 2 oz is around 56 grams, and he is over the gram limit. He will never get his record expunged if he is pro se. He needs to hire an attorney to evaluate further

Remember that "possession with intent to distribute" has absolutely nothing at all to do with any intent to distribute.

 

If a guy is so dangerous that we can't trust him with a firearm, than we can't trust him with a car, kitchen knife, or baseball bat and he should still be in prison for his 2oz of weed.  However, If he's safe enough to live in society, with everybody else I see no reason to prevent him from having a firearm.

 

Hopefully he learned his lesson and is no longer a menace to society.

 

I don't smoke weed but I think it's a silly reason to revoke a constitutional right.

 

But I'm not in charge and I have no idea what the answer is.  Sorry I'm off topic.

Thanks for the responses guys. Really helps. I advised him to get attorney to get it expunged if possible.

He needs to get an attorney familiar with this area of law. Many of us did stupid crap when we were kids, we just didn't get caught. Good luck to him.

+1 on the expungemet