Example why to get background check on yourself BEFORE filling out any application
The below sob story from much younger (he may be 30), ex-coworker, living in NJ applying for FOID.
I know PA does not require FOID cards; but thought process would be valid for applying for LTCF or simply buying first gun.
So this ex-coworker and I used to work at same NJ company.
After years of hearing my pro 2A stories. He finally decided he wants to get his first gun; a shotgun.
But even for a buying a shotgun; in NJ you still have to apply with your local PD for a FOID to be allowed to purchase a shotgun.
He applied 7 months ago. And just recently learned why it's taking so long.
Apparently several years ago (in his early 20's), he owned a house, and had his then fiance live with him.
His then fiance cheated on him. He then had her move out. BUt she left behind some clothing. So one day he foolishly threw it out a window.
He was charged with damaging property and domestic abuse. Note: she was NOT there when he threw clothing out the window.
He goes to court, judge says these charges are ridiculous.
Judge lowers the charges from a felony of domestic abuse down to a misdemeanor of town ordinance of disorderly conduct.
So when he applied for the FOID. He said "No" to the question about being a convicted felon.
BUT when the police run the background check on him. They see him being arrested for felony of domestic abuse.
And now the local detectives are requiring him to be interviewed by them.
He got a NJ gun law lawyer. This lawyer says this police department is trying to make him a felon by answering that question with "NO".
Now he has to spend thousands to have lawyer beside him while the detectives interview him AND eventually get the arrest and misdemeanor expunged.
So three morals of this story.
First; do not sleep with crazy, dishonest women.
Second; do not be a nitwit and throw other people's belongings out your window.
Third; before you apply for LTCF or go buy your first gun. GET A BACKGROUND CHECK RUN ON YOURSELF AND/OR SPEAK WITH A LAWYER !
There may be something in your background you forgot. Or there may even be something to not related to you but accidentally put on your record.
Re: Example why to get background check on yourself BEFORE filling out any applicatio
You forgot the real first moral
1.Stay the fuck out of joisey.
Re: Example why to get background check on yourself BEFORE filling out any applicatio
I am not attending a BBQ in New Jersey.
Re: Example why to get background check on yourself BEFORE filling out any applicatio
Old arrests and bad paper work is everywhere. You might find stuff on yourself that isn't even true.
The following story is true. The names have been changed to protect the guilty.
One day at work I started getting mail from various lawyers about my D.U.I. Well I thought it was funny and would just throw them away. Really i thought it was standard junk mail. Then one day I decided to run myself in the PA. docket portal, just for fun. Four other men in PA, named Day Crawler., so why not? What I found was disturbing. It showed that I was arrested for D.U.I and other charges. My name, D.O.B were correct along with my employers address.
One of the secretary's at the judge Baldy Locks court changed me from Affiant, (fancy word for arresting officer) to defendant. So I had arrested some guy and the names got all switched up. Thank GOD I wasn't going through any BGC's for anything at that time. So that explained all the lawyer mail I was getting at work. I went to my Chief at the time so he could raise some hell. He did and in a few days all the charges against me were gone. Truth is stranger than fiction. If I would have gotten suspended or arrested, I would have sued the pants off the county..
Re: Example why to get background check on yourself BEFORE filling out any applicatio
He was NOT convicted of a felony. What does he have to get expunged? What am I missing?
Re: Example why to get background check on yourself BEFORE filling out any applicatio
Quote:
Originally Posted by
ar15jules
He was NOT convicted of a felony. What does he have to get expunged? What am I missing?
Seems because the man was ARRESTED for a felony, the background checkers are PRESMUING GUILT for said felony.
The expungement will be to get the whole thing swept under to not have to deal with it at all again.
Re: Example why to get background check on yourself BEFORE filling out any applicatio
Quote:
Originally Posted by
ar15jules
He was NOT convicted of a felony. What does he have to get expunged? What am I missing?
A misdemeanor domestic violence conviction would be prohibiting, so there may be confusion about the disposition of that charge.
Also, I know that Philadelphia (for example) asks "have you ever been arrested?", and will deny you if you say "no" because the charges were dismissed. The arrest happened no matter what happened later, unless you get it expunged, in which case you have an argument that the correct legal answer is "no", despite the reality of you having been arrested once. I'll guess that NJ is as bad as Philly and will lay traps for applicants like that.
Re: Example why to get background check on yourself BEFORE filling out any applicatio
Quote:
Originally Posted by
bluetrane2028
Seems because the man was ARRESTED for a felony, the background checkers are PRESMUING GUILT for said felony.
The expungement will be to get the whole thing swept under to not have to deal with it at all again.
Must be a conservative white male... But that is ridiculous.
Quote:
Originally Posted by
GunLawyer001
A misdemeanor domestic violence conviction would be prohibiting, so there may be confusion about the disposition of that charge.
Also, I know that Philadelphia (for example) asks "have you ever been arrested?", and will deny you if you say "no" because the charges were dismissed. The arrest happened no matter what happened later, unless you get it expunged, in which case you have an argument that the correct legal answer is "no", despite the reality of you having been arrested once. I'll guess that NJ is as bad as Philly and will lay traps for applicants like that.
I absolutely believe you, but that's absurd, which of course we know. MANY innocent people are arrested.
Re: Example why to get background check on yourself BEFORE filling out any applicatio
Quote:
Originally Posted by
esh21167
. . .
I absolutely believe you, but that's absurd, which of course we know. MANY innocent people are arrested.
It's confusing, but not entirely without justification (within the restrictions of the PSP-mandated uniform application). If I were evaluating somebody's character and reputation, it would be relevant to me that they had been arrested one of more times. Yes, some good guys are arrested without having broken any laws (coughrudygiulianicough) or doing anything bad; but a lot of people who are arrested and acquitted are less than wholly innocent in fact, which is irrelevant for a PICS purchase check but relevant to character & reputation inquiries. The standard for a criminal conviction is beyond a reasonable doubt, but the standard for gun permit applications in most states will be "preponderance of the evidence", so the facts alleged in an indictment or information CAN be considered after an acquittal, or even in the absence of a prosecution.
It's not intuitively obvious, but it makes a kind of sense. OJ Simpson was criminally acquitted but successfully sued for the same alleged acts.
Re: Example why to get background check on yourself BEFORE filling out any applicatio
Quote:
First; do not sleep with crazy, dishonest women.
But ya don't really know how crazy they are until ya sleep with 'em!
Quote:
Second; do not be a nitwit and throw other people's belongings out your window.
Could be interpreted as severe impulse control.