Firearm & Gun Forum - FireArmsTalk.com > Events and Meetups > State Forums > New Jersey Gun Forum > no to a permit?

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 12-08-2012, 03:27 PM   #31
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Axxe55's Avatar
 
Join Date: Aug 2011
Location: East Texas, Texas!
Posts: 26,797
Liked 19505 Times on 11073 Posts
Likes Given: 49124

Default

Quote:
Originally Posted by MoreAltitude View Post
Of all the details or lack thereof in this situation only one matters, "OP said: I have a low level felony". Axxe55's response was spot on, he hit the factual bullseye!!! To pursue it any further would require 2 things, aspirin for the headaches and a pocket full of cash for the lawyers, choice is yours...
Quote:
Originally Posted by drvsafe View Post
Agreed. My question was posed because he posed his question "even if I have a permit?" It sounded like he may already have an FPID...
the case was in NY, but he lives in NJ now. i think NJ has it set up that you have to have a permit to purchase a firearm. the OP has left many key facts out about his situation and details on case. he may very well have a permit to purchase, but if he has a felony conviction that has not been expunged by a judge, then the permit is worthless.
__________________
Axxe55 is offline  
HOSSFLY Likes This 
Old 12-08-2012, 03:34 PM   #32
Feedback Score: 0 reviews
 
HOSSFLY's Avatar
 
Join Date: Dec 2010
Location: Lufkin,Tx
Posts: 6,932
Liked 2175 Times on 1468 Posts
Likes Given: 1191

Default

Quote:
Originally Posted by axxe55 View Post
the case was in NY, but he lives in NJ now. i think NJ has it set up that you have to have a permit to purchase a firearm. the OP has left many key facts out about his situation and details on case. he may very well have a permit to purchase, but if he has a felony conviction that has not been expunged by a judge, then the permit is worthless.
Zackly----
__________________

Texan By Birth & Choice
USMC/VIET NAM VET

HOSSFLY is offline  
axxe55 Likes This 
Old 12-08-2012, 03:52 PM   #33
Ain't she sweet?
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
winds-of-change's Avatar
 
Join Date: Aug 2010
Location: Northern Illinois
Posts: 22,254
Liked 6636 Times on 4015 Posts
Likes Given: 7888

Default

Quote:
Originally Posted by strix View Post
I'm just waiting to hear back, my friend knows someone that did 6 months in jail and got his
I think it depends on what he served 6 months in jail for.
__________________
Honor Student: School of Hard Knocks
To the world you may be one person, but to one person you may be the world.
Quando Omni Flunkus Moritatus
winds-of-change is offline  
2
People Like This 
Old 12-08-2012, 05:05 PM   #34
Feedback Score: 0 reviews
 
Join Date: Jul 2010
Location: Greenacres,Florida / Palm Beach County
Posts: 124
Liked 4 Times on 4 Posts

Default

Quote:
Originally Posted by strix View Post
In nj do they look for anything to say no! I have a low level felony from 12 years ago what are my chances?
You have as good a chance as a Snow Flake has in Hell!
After living in NJ for 52 Years, I now live in the Gun Friendly State of Florida and have enjoyed my Guns for the last 16 Years!
__________________
SK2344 is offline  
redscho Likes This 
Old 12-08-2012, 05:54 PM   #35
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Axxe55's Avatar
 
Join Date: Aug 2011
Location: East Texas, Texas!
Posts: 26,797
Liked 19505 Times on 11073 Posts
Likes Given: 49124

Default

Quote:
Originally Posted by SK2344 View Post
You have as good a chance as a Snow Flake has in Hell!
After living in NJ for 52 Years, I now live in the Gun Friendly State of Florida and have enjoyed my Guns for the last 16 Years!
if he has a felony conviction, the state he lives in is irrelevent. he can move to another state, but it won't change the outcome until he can get his record expunged, if possible. and his record will have to be petitioned in the state and county where the case was disposed. so even moving to another state, he would still have to petition it in NY where the offence occured.
__________________
Axxe55 is offline  
 
Old 12-09-2012, 12:46 AM   #36
Supporting Member
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
drvsafe's Avatar
 
Join Date: Jul 2012
Posts: 1,636
Liked 212 Times on 169 Posts
Likes Given: 116

Default

This may help...this is from the NYS DOC website.

"4. HOW MAY MANDATORY DISABILITIES BE REMOVED?

The Parole Board, in its discretion, may issue a Certificate of Relief from Disabilities or Certificate of Good Conduct. These two certificates have different eligibility criteria, and neither is issued prior to release from incarceration. A certificate may remove mandatory disabilities in general or only those specifically indicated by the Board of Parole. If either kind of certificate is issued only for specific disabilities, the Board may issue a supplementary certificate granting relief from additional disabilities.

5. WHO IS ELIGIBLE FOR A CERTIFICATE OF RELIEF?

By law, you are eligible for a Certificate of Relief if you have not been convicted of more than one felony. For this purpose, two or more felony convictions stemming from the same indictment count as one felony. Two or more convictions stemming from two or more separate indictments filed in the same court, prior to conviction under any of them, also count as one felony.

The Board of Parole may also issue you a Certificate of Relief if you are an eligible offender who has been convicted in another jurisdiction and who now lives in New York State.

A Certificate of Relief may be issued upon an eligible individual's release from a correctional facility or at any time thereafter.

6. WHAT EFFECT DOES A CERTIFICATE OF RELIEF HAVE ON MY STATUS?

A Certificate of Relief may remove any mandatory legal bar or disability imposed as a result of conviction of the crime or crimes specified in the certificate. The Certificate of Relief does not, however, enable you to retain or become eligible for public office. Note that removing mandatory legal bars restores your right to apply and be considered for employment or license, but does not guarantee it will be granted.

A Certificate of Relief issued to you upon release or once you are on parole supervision is a temporary certificate. This certificate becomes permanent when you are discharged from supervision. While it is temporary, the certificate may be revoked by action of the Board of Parole."

So it is not an expungement by any means. It is a lifting of certain bars that stemmed from the conviction and incarceration. And it is no 100% guarantee either. So it sort of goes along with your record. An expungement would be a wiping of the slate so to speak.

__________________
SIG 1911 .45 ACP
SIG P229R 9mm
Beretta BU9 Nano 9mm
Beretta 84FS .380 ACP
Ruger MKIII 22/45 Target .22LR

PWS (Primary Weapons Systems) MK114 5.56
drvsafe is offline  
2
People Like This 
Old 12-09-2012, 11:57 AM   #37
Feedback Score: 0 reviews
 
Join Date: Nov 2012
Posts: 87
Liked 2 Times on 2 Posts

Default

Quote:
Originally Posted by drvsafe
This may help...this is from the NYS DOC website.

"4. HOW MAY MANDATORY DISABILITIES BE REMOVED?

The Parole Board, in its discretion, may issue a Certificate of Relief from Disabilities or Certificate of Good Conduct. These two certificates have different eligibility criteria, and neither is issued prior to release from incarceration. A certificate may remove mandatory disabilities in general or only those specifically indicated by the Board of Parole. If either kind of certificate is issued only for specific disabilities, the Board may issue a supplementary certificate granting relief from additional disabilities.

5. WHO IS ELIGIBLE FOR A CERTIFICATE OF RELIEF?

By law, you are eligible for a Certificate of Relief if you have not been convicted of more than one felony. For this purpose, two or more felony convictions stemming from the same indictment count as one felony. Two or more convictions stemming from two or more separate indictments filed in the same court, prior to conviction under any of them, also count as one felony.

The Board of Parole may also issue you a Certificate of Relief if you are an eligible offender who has been convicted in another jurisdiction and who now lives in New York State.

A Certificate of Relief may be issued upon an eligible individual's release from a correctional facility or at any time thereafter.

6. WHAT EFFECT DOES A CERTIFICATE OF RELIEF HAVE ON MY STATUS?

A Certificate of Relief may remove any mandatory legal bar or disability imposed as a result of conviction of the crime or crimes specified in the certificate. The Certificate of Relief does not, however, enable you to retain or become eligible for public office. Note that removing mandatory legal bars restores your right to apply and be considered for employment or license, but does not guarantee it will be granted.

A Certificate of Relief issued to you upon release or once you are on parole supervision is a temporary certificate. This certificate becomes permanent when you are discharged from supervision. While it is temporary, the certificate may be revoked by action of the Board of Parole."

So it is not an expungement by any means. It is a lifting of certain bars that stemmed from the conviction and incarceration. And it is no 100% guarantee either. So it sort of goes along with your record. An expungement would be a wiping of the slate so to speak.
Yeah this is what I have so as you see NY don't do expungement this is as close as I can get its bull if you ask me I have not even had a speeding ticket since and I'm going back about 12 years I also run a non profit for kids I don't think I'm the bad guy. The laws are bull**** just gives them a reason to say no but no right if you want to go by our 2nd amendment
__________________
strix is offline  
 
Old 12-09-2012, 02:13 PM   #38
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Axxe55's Avatar
 
Join Date: Aug 2011
Location: East Texas, Texas!
Posts: 26,797
Liked 19505 Times on 11073 Posts
Likes Given: 49124

Default

Quote:
Originally Posted by strix View Post
Yeah this is what I have so as you see NY don't do expungement this is as close as I can get its bull if you ask me I have not even had a speeding ticket since and I'm going back about 12 years I also run a non profit for kids I don't think I'm the bad guy. The laws are bull**** just gives them a reason to say no but no right if you want to go by our 2nd amendment
a certificate of release has nothing to do with expungement. get an attorney and have him file a petition for expungement with the court in NY. and yes it is bull$**t, but the law is still the law, until it changes. until you get the expungement, being in possession of a firearm, any firearm, under any conditions, is a felony. that means, going into a gun store, a shooting range, a gun show and handling them is grounds for being arrested for another felony.

if enough time has passed, then you can petition for an expungement. it varies anywhere from a year to five years, depending on the offence and state it occured in. get an attorney. it will not be cheap and might take even several months for it to happen, if it does. but it's your only legal means of changing this situation.
__________________
Axxe55 is offline  
 
Old 12-09-2012, 02:20 PM   #39
Feedback Score: 0 reviews
 
HOSSFLY's Avatar
 
Join Date: Dec 2010
Location: Lufkin,Tx
Posts: 6,932
Liked 2175 Times on 1468 Posts
Likes Given: 1191

Default

Quote:
Originally Posted by strix View Post
Yeah this is what I have so as you see NY don't do expungement this is as close as I can get its bull if you ask me I have not even had a speeding ticket since and I'm going back about 12 years I also run a non profit for kids I don't think I'm the bad guy. The laws are bull**** just gives them a reason to say no but no right if you want to go by our 2nd amendment
Seems to me you are the one with the felony so it DOES make you the bad guy-
Why are you beechin about the law? YOU broke it---Deal with it
__________________

Texan By Birth & Choice
USMC/VIET NAM VET

HOSSFLY is offline  
2
People Like This 
Old 12-09-2012, 06:56 PM   #40
Feedback Score: 0 reviews
 
Join Date: Nov 2012
Posts: 87
Liked 2 Times on 2 Posts

Default

Quote:
Originally Posted by HOSSFLY

Seems to me you are the one with the felony so it DOES make you the bad guy-
Why are you beechin about the law? YOU broke it---Deal with it
I feel sorry for you, but it go's to show how messed up our legal system is that they would put a gun in the hands of someone like you besides owning a car dealership I have a non profit company that helps kids everyday. So if that is a bad guy then yeah I'm happy to be one
__________________
strix is offline  
 
Closed Thread

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
just got my permit!! potentialglock Concealed Carrying & Personal Protection 6 11-14-2012 05:55 AM
pistol permit? Ray_Ray Legal and Activism 21 05-18-2012 04:39 PM
Got my second permit... Dr. Marneaus Concealed Carrying & Personal Protection 2 12-01-2009 01:10 PM
got my permit! roosterjuicer Concealed Carrying & Personal Protection 14 06-20-2009 02:49 PM
Just got my permit!! Now, what to get?? Vertiviper General Handgun Discussion 15 04-02-2009 01:41 AM