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NJ Weapons Offense - how to reinstate ownership ri

vinrockvinrock Member Posts: 2 ✭✭
Hello fellas, this is my first post and i'm hoping maybe one of you are familiar with the gun laws here in NJ.

Me and a buddy had our airguns confiscated by the police in response to a call describing 'suspicious people running around with guns'. I am an avid shooter and am very familiar with NJ's gun laws in regard to what you can and can't do, however, neither of us had posessed an FID at the time.

We'd researched beforehand and decided that it would be OK to go out and do some plinking on some local state owned land based on NJ 2C:39 stating:

"To carry a firearm in the woods or fields or upon the waters of this State for the purpose of hunting, target practice, or fishing, provided that the firearm is legal and appropriate for hunting or fishing purposes in this State and the person possesses a valid hunting license, or, with respect to fresh water fishing, a valid fishing license."

I cannot find reference material at the moment, but I was also knowledgable of the fact that in NJ our air rifles are classified as 'shotguns' by the law's definition.

When it's all said and done, we were charged with 4th degree unlawful weapon posession (same week and court as the Jayson Williams trial) because while everything we researched was technically correct - we did NOT posess at least a hunting or fishing license, which the prosecutor claimed as a requirement of that exception (even though we were doing taget practice).

I was given pre-trial intervention and the charges were dissolved at the end of a year. On the other hand, my buddy is now a convicted felon. He was arrested twice as a teenager for minor BS and that was enough for the courts to consider him a 'habitual offender' and deny the PTI option. It was his first and only adult conviction.

I would like to know if anyone can show me the way so we can work on getting him straightened out with this. Now that we're a little older and have more money in our pockets, we're able to go shooting more and more often. We're only a couple of years shy of being 30 and the restrictions on his ownership are now starting to really piss him off. It's like everybody can go out and have a good time doing whatever we want, but when it's time to go shooting or hunting he can't - like the kid who can't play basketball because his leg is in a cast.

Any help is appreciated guys.

Thanks
-Vin

Comments

  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    "minor BS" as a kid can screw you as an adult. Your friend should have kept his nose clean after his first run in with the law. Now he is reaping the punishment of his minor BS.

    You are risking your own rights if you are taking a convicted felon shooting with you. If he is handling your firearms then you could be in a whole world of trouble if he gets busted while plinking with your guns.

    The charges against your friend may seem nickle and dime, but don't let his status destroy your ability to keep and bear your arms. My assumption is that in NJ you have little to no chance of reversing your friend's felony status, but perhaps a lawyer will say different.

    Keep your nose clean, the JBTs only need one excuse to come down on you hard... and sometimes they don't need any excuse at all!

    -Wolf
  • Broomie2Broomie2 Member Posts: 325 ✭✭✭
    edited November -1
    Napan in Eatontown, he's a layer that deals with gun rights, though being a specialist, Im sure he's expensive.
  • MatchshotMatchshot Member Posts: 452 ✭✭✭
    edited November -1
    A lawyer may help, but since the local police chief has final say on your getting an FID, you might want to find out what his opinion is. I have had a NJ FID for several years and have found that NJ is much easier to get and possess a gun than most people would think. Once you have that FID (it takes 4-6 weeks to get) you are set for life.

    I agree with the other writers, make sure you have your FID in order, help your friend find a lawyer to perhaps straighten things out but leave him out when you go to shoot or take out your guns. His status as a felon could put you in the jackpot and you may lose more than just your rights to own and use. You could lose your freedom as well.
  • u2poweru2power Member Posts: 23 ✭✭
    edited November -1
    I FOR ONE HATE THE STATE OF NJ--WHEN IT COMES TO GUN LAWS ==NOT ALLOW TO CARRY= MUST HAVE PERMIT TO OWN -- AND HAVE A PERMIT TO BUY EACH GUN -- REALLY SUCKS. SO MUCH MUCH FOR THE RIGHT TO BEAR ARMS HA HA.
  • 11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    Disclaimer- IANAL- Your friend has another problem. IF he has been CONVICTED of a felony at state level, under FEDERAL law, he cannot possess a firearm (cartridge firing, not airgun). He CAN apply to the ATF for "relief of disability". Last I heard, they are not granting any. I have a stepbrother that, as a result of poor judgement 40 yrs ago, is a bowhunter. He had same problem as your friend.
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