NJ- Right to bear REVOKED cause I was caught with a joint in 1999

[jaybone]

Yep, you read it correctly.
I just had my firearm ID card application denied because I was convicted of a misdemeanor offense of possession of less than ONE GRAM of marijuana over eight years ago. I was pulled over in Alabama, with New York plates of course, and they found a roach with the debris under my seat.

Now, I'm not looking for an AK-47, or even a handgun, this ID card is for the 'privilege' of owning a run of the mill long gun (ie. shotgun).

I always thought it was only felony offenses that are in play for firearms, NOT IN NJ!
ANY criminal offense of ANY severity, at ANY time during your life, YOU ARE STRIPPED OF YOUR 2nd AMENDMENT RIGHT.

I have contacted a couple lawyers, and will keep the forum updated on the results.

[Green Mountain Boy]

You could always move to Vermont.
There's a saying here: "don't Jersey VT." :p But, I think I would make an exception for Ron Paul supporters.

[angelatc]

That's the whole problem with allowing them to deny rights in the first place. Once they have that power, rights become priveleges.

[jaybone]

If I were able to sell my home for anything close to what I paid for it I would have already moved to New Hampshire. Jersey is a microcosm for all the ROT eating this country.
Corruption, yep got that
Un-servicable debt, yep that too
Taxes, huh, highest property tax in the US
Welfare, well, you get the idea.

I'm viewing this as an opportunity to take back Liberty

[ItsTime]

The board is looking rather smart today... I do not think I have agreed with more posts in my life lol


That's the whole problem with allowing them to deny rights in the first place. Once they have that power, rights become priveleges.

[bbachtung]

I presume that you were convicted of this:



Section 13A-12-214

Unlawful possession of marihuana in the second degree.

(a) A person commits the crime of unlawful possession of marihuana in the second degree if, except as otherwise authorized, he possesses marihuana for his personal use only.

(b) Unlawful possession of marihuana in the second degree is a Class A misdemeanor.

(Acts 1987, No. 87-603, p. 1047, §5.)


It does not appear that Alabama provides for expungement of convictions / arrests, so your best bet appears to be requesting a pardon (specifically asking for the restoration of your right to bear arms, etc.):



Section 15-22-36

Authority to grant pardons and paroles, remit fines and forfeitures, etc.; notice of board action.

(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles shall have the authority and power, after conviction and not otherwise, to grant pardons and paroles and to remit fines and forfeitures.

(b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.

(c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried his or her case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.

(d) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, remit a fine or forfeiture, or restore civil and political rights until 30 days' notice that the prisoner is being considered therefor has been given by the board to the Attorney General, the judge and the district attorney who tried the subject's case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff and one of the judges of the circuit in which the subject was convicted.

(e)(1) Until and unless at least 30 days' written notice of the board's action to be considered has been given by the board to the victim named in the indictment, or if the victim is deceased as a result of the offense, the victim's immediate family, the Board of Pardons and Paroles shall have no power or authority to in any way approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave or early release of a person convicted of the following offenses:

a. A Class A felony.

b. Any felony committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be designated a Class A felony.

c. Any felony involving violence, death or any physical injury to the person of another.

d. Any felony involving unlawful sexual assault or other unlawful sexual conduct on the person of another.

e. Any felony involving sexual assault, or a lewd or lascivious act upon a child under the age of 16 years or attempt thereof.

f. Sexual abuse or any other criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sexual abuse under the Alabama Criminal Code.

g. Child abuse or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as child abuse under the Alabama Criminal Code.

h. Sodomy or any criminal conduct committed prior to the 1st day of January, 1980, which if committed after the 1st day of January, 1980, would be defined as sodomy under the Alabama Criminal Code.

i. Any violation of Section 13A-6-69, as amended.

(2) The notice shall be given by U.S. mail, certified mail, return receipt requested, and shall include:

a. The name of the prisoner or defendant involved.

b. The crime for which the prisoner or defendant was convicted.

c. The date of the sentence.

d. The court in which the conviction occurred.

e. The sentence imposed.

f. The actual time the prisoner has been held in confinement, as computed by the Department of Corrections, without regard to the operation of any incentive good time, or other good time laws.

g. The action to be considered by the board.

h. The date, time, and location of the board meeting at which the action is to be considered.

i. A statement that all persons required to be notified under the provisions of this section will be allowed, at their option, to either appear before the board or give their views in writing.

Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.

(3) Provided however, if the victim is a child the notice shall be given to the parents of the victim, or in the event there is no parent, to the guardian of the victim. If the victim was a minor at the time of the offense, but has attained majority by the time the notice is sent, the notice shall be directed to the victim. Provided further, if the victim is deceased as a result of the offense, the notice shall be given to the surviving members of the victim's immediate family, as defined by the operating procedures of the Board of Pardons and Paroles, or in the event there is no immediate family, to a relative of the victim, if any. Provided further, such notice may be waived in writing by any person who is entitled to receive such notice.

(4) If the victim requests not to be notified, a certified notice shall be sent to the victim confirming that request and advising him or her that no further notices of board hearings shall be sent unless he or she subsequently contacts the board and submits a written request to be notified of hearings in the future. Mailing of the certified notice shall constitute confirmation unless the certification is returned due to an incorrect address.

(5) The board shall exercise due diligence to locate victims to notify them of hearings. If all attempts to locate a victim have failed and the agent of the board has certified that due diligence has been exercised, no future attempts shall be required to locate that victim. At any time the victim may contact the board and request that the board notify the victim of all future hearings.

(f) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who are entitled to notice, pursuant to any provision of this section as to the action taken by the board and the conditions, if any, of any such parole or pardon.

(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §16; Acts 1951, No. 599, p. 1030; Acts 1983, No. 83-750, p. 1249, §2; Act 2004-565, §1.)

http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/title.htm

[bbachtung]

This guy is apparently the man when it comes to gun rights in NJ:

http://www.evannappen.com/

[PennCustom4RP]

If I were able to sell my home for anything close to what I paid for it I would have already moved to New Hampshire. Jersey is a microcosm for all the ROT eating this country.
Corruption, yep got that
Un-servicable debt, yep that too
Taxes, huh, highest property tax in the US
Welfare, well, you get the idea.

I'm viewing this as an opportunity to take back Liberty

Jaybone, with todays market, you may never be able to get out, what you put in. That said...get what ya can, and at least move across the bridge to PA...I suggest the Poconos;)
Run to the Hills!

[bbachtung]

Look at how proud NJ is of disarming their citizenry (it will make you want to puke):



2C:58-2.2 Findings, declarations relative to sale of handguns.

1. a. The Legislature finds:

New Jersey's commitment to firearms safety is unrivaled anywhere in the nation;

New Jersey was the first state to require retail dealers to include, as part of every handgun sale, either a State Police approved trigger lock or a locked case, gun box, container or other secure facility;

To encourage all firearms owners to practice safe storage, the State has waived all sales taxes on trigger locks, firearms lock-boxes and vaults and, under the "KeepSafe" program, offers an instant $5 rebate to all retail firearms purchasers who buy a compatible trigger locking device along with their firearm;

New Jersey was the first state to require all firearms dealers to prominently display State-provided firearms information and safety warnings;

New Jersey was one of the first states to make parents and guardians statutorily responsible for unwittingly or carelessly permitting minors under their control to gain access to loaded firearms;

New Jersey statutorily prohibits anyone under the age of 18 years from purchasing or otherwise acquiring a firearm and permits such minors to possess or carry a firearm only in a very limited number of strictly defined situations and under the direct supervision of a qualified parent, guardian or instructor;

To enforce this strict regulatory scheme, New Jersey imposes harsh penalties, including a mandatory minimum prison term of three years, on anyone who knowingly sells, transfers or gives a firearm to a person under the age of 18 years; and

New Jersey was the first state to allocate, as part of its annual Appropriations Act, moneys dedicated exclusively for the development of personal handgun technology, and the amount so allocated, $1,000,000, was one-fifth the total amount the federal government allocated toward the development of this important firearms safety technology in the same fiscal year.

b.The Legislature, therefore, declares:

It is within the public interest, and vital to the safety of our families and children, for New Jersey to take the bold and innovative step of fostering the development of personalized handguns by firearms manufacturers. To accomplish this objective, the Legislature determines that it should enact legislation designed to further enhance firearms safety by requiring that, within a specified period of time after the date on which these new personalized handguns are deemed to be available for retail sales purposes, no other type of handgun shall be sold or offered for sale by any registered or licensed firearms dealer in this State.

L.2002,c.130,s.1.

[Dequeant]

Write the NRA-ILA......you would be surprised at the power of that organization. The government honestly does fear their wrath....they also pay for the legal cases if they do think you have a valid one.

[pcosmar]

Write the NRA-ILA......you would be surprised at the power of that organization. The government honestly does fear their wrath....they also pay for the legal cases if they do think you have a valid one.

Only if it is an easy case and there is no other crime attached. They won't touch this case because of the "Danderous Drugs".
The NRA is not a Friend of the 2nd Amendment.

[d_goddard]

This guy is apparently the man when it comes to gun rights in NJ:

http://www.evannappen.com/

Evan Nappen is a Free State Project member.
He left New Jersey last year; his office is in Concord, NH now :D

[KingTheoden]

Former Garden Stater...I'm in North Carolina and it is fun to know that there are not many restrictions for firearms (they do make you get a hand gun permit, but in most counties this is just a way for Boss Hogg to get an extra 35 bucks. Not good, but a picnic compared to NJ)

NJ is one of the most hardcore anti-gun states. Incidentally, its cities have serious crime problems and everyone is always afraid of being burgled. Northern and Western counties (and Ocean) are great, but the rest...just totally domesticated serfs who think the government is their friend.

[FunkBuddha]

Hell, I'm a convicted Felon in Tennessee and I can get a concealed carry permit if I wanted one.

I just had to go through a process to get my rights of citizenship restored.

[jaybone]

I am going to be consulting a lawyer on this next week.
I have to admit, I'm not looking forward to this fight, but I don't think I could live with myself if I were to back down on this clear trampling of my right.