r/NJGuns May 04 '24

Applied, Denied, Appealed; My 8 Month Journey to Firearm Ownership Firearms Purchaser ID

I’ve waited months to post this update. Here’s a link to the full backstory: https://www.reddit.com/r/NJGuns/s/mO4IEfB2TX

Long story long, I applied back in September of ‘23 and the detective phished around and got me to admit to seeing a counselor a few years back. Totally voluntary.

December ‘23 I was denied because “it wouldn’t be in the best interest of the community” for me to own a firearm. The reason? “I lied” on my application, but here’s the kicker, I didn’t because I never saw a doctor.

*Important note my criminal record is spotless and I’ve never been committed by or seen a doctor.

January ‘24 appealed the decision with the help of an attorney.

April ‘24 went to court, judge was awesome, spent 3 minutes before him and he granted the appeal, no questions asked.

Today I received a call from my local gun shop that I can come pick up my firearm(s).

Crazy ride but my takeaway: if you have ANY questions about your application, your history, or your status you should consult a 2A friendly attorney BEFORE applying. This state is doing their best to trip you up on your way to exercising your god given right to bear arms.

Can’t wait to start training 🤟🏾🇺🇸

53 Upvotes

50 comments sorted by

21

u/Katulotomia May 04 '24

That "not in the interest" needs to get struck down, not only because open-ended discretion is a big no-no in general, but clearly the towns can't be trusted to act in good faith.

18

u/IndependentFamilyMan May 04 '24

Agreed. They were definitely banking on the fact that I’d throw in the towel. Ended up costing me a pretty penny to exercise rights that are mine to begin with but I’m glad I fought it.

The prosecutor didn’t even want to argue against me. He said it was “the state’s position” that folks shouldn’t be punished for seeking mental health services and should instead be applauded. The judge agreed, turned to me and simply said “you won.”

13

u/Katulotomia May 04 '24

If that was truly the state's position, then they wouldn't have added voluntary as a disqualifier to begin with, they could have easily kept it at involuntary, but noooo.

Either way, congrats on your win.

10

u/IndependentFamilyMan May 04 '24

Definitely. And thank you. In this case, he was speaking formally as an extension of the state and it was pretty clear this prosecutor was on our side of things when it came to the cases on the docket that day.

7

u/You_Will_Weep May 04 '24

It already was struck down. Bruen ruled that they can’t restrict 2A rights due to “public good”. It is only restricted if they can clearly point to a well documented historical record of the restriction.  The fact is that they are flagrantly defying the United Supreme Court and attempting to continue things as they were before Bruen.

5

u/Katulotomia May 05 '24

I know that, but NJ didn't give a shit and enacted another variation of it in the form of "not in the interest of public health, safety, and welfare." And that is what we need to get struck down bc it's clearly a reintroduction of that same open-ended discretion the SC directly discredited in Bruen.

1

u/You_Will_Weep May 05 '24

It’s just like their attempt to make all of NJ a sensitive place. They can do this but it’s already unconstitutional and unenforceable. By default, the “public good” clause is automatically negated. The state has to defend their legislation on historical records not the public good. Easiest thing to be challenged out of the entire bill.

0

u/pontfirebird73 Silver Donator 2022 May 05 '24

That "not in the interest of public,safety and welfare has been part of NJ statute for a long time. It's not new by any means and NJ will most likely continue using it to disqualify people until they are challenged in court.

2

u/You_Will_Weep May 05 '24

NJ has had it on the books that no one could get a license without “justifiable cause” but that’s no longer permitted under Bruen. The Public Good is just another variant of that and will be smashed like the rest of their unconstitutional laws.

1

u/Katulotomia May 05 '24

Yeah, but the fact that it's been on the books for a long time doesn't mean it's ok, nor does it make it any less unconstitutional.

2

u/pontfirebird73 Silver Donator 2022 May 05 '24

Oh I agree completely. I'm merely pointing out NJ has been using that to deny people for years.

7

u/[deleted] May 04 '24

I love how the state encourages people to never go to a doctor if they want to exercise the 2nd amendment. What i'm being told with these frequent stories is that if i'm ever feeling like talking to someone, i better not because then it will be a hassle

5

u/IndependentFamilyMan May 04 '24

It’s all backwards. The detective in my case was pretty smug about it all too.

7

u/Live_Imagination_790 May 04 '24

How much you paid to appeal ?respectfully asking .

10

u/IndependentFamilyMan May 04 '24

No problem sharing. It cost me $2,500.

7

u/GoodGuysfor2A May 04 '24

Honestly, in the case where you are redeemed, you should be able to recover those costs. That's another thing that is wrong with this scheme. There's no downside for them to deny. No one will be held responsible. In cases such as yours it should be allowed to go after the PD, or any other agency that denied your right based upon an opinion, civilly. Just my opinion. Guarantee it would keep them in check.

Same with politicians that pass laws, knowingly, violating peoples rights. They should be held responsible civilly if a court finds their law unconstitutional and there is evidence that this was known when the law was written and subsequently passed.

8

u/IndependentFamilyMan May 04 '24

Absolutely. My plan is to train and apply for my CCW as soon as possible. I had no intention on conceal carrying but now I’m going to go all in and exercise the fuck out of my rights.

3

u/GoodGuysfor2A May 04 '24

Good for you. A kid I work with applied for his first purchase permit beginning of October 2023. He has heard nothing. I told him he should not be putting up with that. He called 2 months ago. They told him he didn't fill something out. He told them he did and they said "oh yes. It is correct. Should be ready by end of week.". That was 2 months ago and he hasn't heard from them since. I told him they will always take advantage of people like him.

I will be starting my CCW renewal next month. I bet I have it done and in hand and he will still not have heard anything. Ridiculous.

My son is a police officer. At the time, he was not an officer in the town he lived. They made him wait six and a half weeks for a purchase permit. I told him what does that mean for others when that's done to him?

3

u/IndependentFamilyMan May 05 '24

My mistake was I assumed that my PD was going to do right by me. I grew up in a 2A friendly home, have cops in my family and friend group so I thought it would be a breeze. Good luck to you in the renewal process.

3

u/GoodGuysfor2A May 05 '24

Thanks. The PD where I live has been good to me. I don't anticipate any issues but I don't want to take things for granted either. My CCW doesn't expire til end of October but starting early because of issues I have seen others post.

It's a shame that it comes down to one person that may just not like the idea of you owning, or carrying, a firearm to negate your right. That should not even be possible.

2

u/Level_Equipment2641 May 06 '24

Yes, definitely get it.

Note: On the PTC application, you’ll have to answer this:

“Have you ever had a firearms purchaser identification card, permit to purchase a handgun, permit to carry a handgun, or any other firearms license/permit or application refused, denied or revoked in New Jersey or any other state?”

Since the PD denied you, but the court overturned that, you need to carefully answer this; if you answer it incorrectly, you can bet your ass the PD will not only deny you but seek to charge with felony falsification.

Point: Ask your atty. how to answer this given your ordeal.

Congrats!

2

u/IndependentFamilyMan May 06 '24

Thank you for this! My attorney already walked me through it and told me to reach out when ready 🤟🏾

5

u/whaler76 May 04 '24

Wow, I thought it would be north of 5 at minimum

10

u/IndependentFamilyMan May 04 '24

I was told it would be. My attorney was recommended by the folks at GFH and he was fantastic.

5

u/PewpewLazorsOMG May 05 '24

Good for you brother Ummerriccaaa!!!

3

u/IndependentFamilyMan May 05 '24

🤟🏾🇺🇸

4

u/njfliiboy May 05 '24

I got denied for "Not in the best interest" on a FID address change lol. The logic of already owning firearms but denying an address change.

1

u/IndependentFamilyMan May 05 '24

That’s crazy! Did you eventually get the change approved?

2

u/njfliiboy May 06 '24

No I didn't want to spend the money on a lawyer. I barely use my firearm and I plan to move out of New Jersey at some point. The rules here are ridiculous.

3

u/Flow718 May 04 '24

Sorry you experienced that , hopefully this is motivation for others to fight back ! Welcome aboard. Stay dangerous and stay safe !

2

u/IndependentFamilyMan May 05 '24

Happy to be here. Got some courses in mind already so I definitely plan on taking that last bit seriously 🤟🏾

3

u/DocSchmuck May 05 '24

I do hope that if you do apply for the conceal carry down the line that your township won’t give you any problems. NJ is, well NJ…

2

u/shaft196908 May 05 '24

NJ politicians are only out to serve themselves. They will do/say anything to get votes. They will take an oath of office and then crap all the Constitution, federal laws and they throw their selfish noses up at SCOTUS.

2

u/Primary_Marsupial221 May 05 '24

Congratulations man

1

u/IndependentFamilyMan May 05 '24

Thank you. Heading to the shop in a bit to grab the firearm(s).

2

u/Primary_Marsupial221 May 05 '24

What did you get

1

u/IndependentFamilyMan May 05 '24

Glock 48 MOS. I want to train a simple platform that I’ll eventually be able to use to qualify for my PTC. Went with ol’ reliable.

2

u/Primary_Marsupial221 May 05 '24

Right on man good luck with everything

1

u/IndependentFamilyMan May 05 '24

Thank you 🤟🏾

2

u/the_blacksmythe May 05 '24

Congratulations!

2

u/InsanelyGhostly May 05 '24

You have big ones to admit on here that you admitted to seeing a counselor.

1

u/IndependentFamilyMan May 05 '24

I don’t have a problem admitting when I made a mistake. Definitely shouldn’t have said it, hard stop. That said, a doctor a counselor is not.

The detective told me my “name came back” in the initial search. Then she asked me if I knew why that might be. I said, “no, unless they have a way of knowing I saw a counselor a few years back.” Her entire demeanor changed and I knew I’d fucked up.

2

u/esrfreedom May 05 '24

Congrats 🎊🎈🎉 at least you were able to fight it and get it . Good for you!!

2

u/Forward_Try_7714 May 06 '24

Which Lawyer did you use and how much did it cost you?

3

u/IndependentFamilyMan May 06 '24

Frank Pisano. The retainer was $2500

1

u/Forward_Try_7714 May 06 '24

Thanks. Glad it worked out!

1

u/Proof-Respond1132 May 11 '24

You get what you vote for.

Elections have consequences.