Ask a Legal Question
  1. #1

    Join Date
    Jul 2009
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Help With Simple assault and firearm ID card

    Need some info guys. About 4 years ago my g/f and I where both arrested for simple assault. At the time I was 23 didnt know it was a big deal we both went to court and paid are fines. I bought a house with the same girl and im trying to change my addy on my ID card. I was called my my local police and was told i have to fill out another form and have it sent to the state police to go father in the matter. I would like to know what i should do? Should i fill out the form and see what happens or get a lawyer. I called 2 Lawyer they told me they could take care of it all for about 2000-2500 dollars. I stopped by my local state police station they told to call the another person at the State police.
    I would like to know some advice on the matter.


  2. TheLaw Supreme Court Justice Learned Colleague

    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    1,061
    Thanks
    10
    Thanked 96 Times in 96 Posts
    I don't understand what the problem is.

  3. #3

    Join Date
    Jul 2009
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by raskalnikov View Post
    I don't understand what the problem is.
    I want to update my firearm id card. To change your addy you have to go through the whole process again with them checking background etc...
    The police station called and told me I have to fill out this other form that will go to the state police to look into my simple assault charge 4 years ago. I would like to know if this is an issue? When i was arrested the police knew i had firearms and never took them away so i thought everything was ok. at the time of the arrest i was younger and didnt know i need a lawyer I just thought we would pay a fine and off we go. I would just like to know will this simple assault cause a problem when i send the paper work in to the state police. Should i call the state police and talk to them about it? One state cop told me it shouldnt be a problem.

  4. #4
    TheLaw Supreme Court Justice Learned Colleague

    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    1,061
    Thanks
    10
    Thanked 96 Times in 96 Posts
    If it isn't a felony I doubt it'll be a problem.

  5. #5
    Moderator Learned Scholar

    Join Date
    Jul 2006
    Posts
    3,936
    Thanks
    1
    Thanked 287 Times in 281 Posts
    What state are you in?

    What crime were you convicted of?

    If this was a domestic violence related conviction (and I suspect it is), then you will be prohibited form owning or possessing firearms. This is where the problem might lie. Even misdemeanor crimes of violence can result in firearms prohibitions, so you may be out of luck for guns until you can get this expunged (if that is possible in your state).

    - Carl
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

  6. #6

    Join Date
    Jul 2009
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by CdwJava View Post
    What state are you in?

    What crime were you convicted of?

    If this was a domestic violence related conviction (and I suspect it is), then you will be prohibited form owning or possessing firearms. This is where the problem might lie. Even misdemeanor crimes of violence can result in firearms prohibitions, so you may be out of luck for guns until you can get this expunged (if that is possible in your state).

    - Carl
    I live in NJ. I was convicted of simple assault. I dont understand why they need me to fill out this form. Its a request for criminal history info for a noncriminal jutice purpose. My local police have my court file they know what i was convicted of. wouldnt they just deny me then when they found out?

  7. #7
    Moderator Learned Scholar

    Join Date
    Jul 2006
    Posts
    3,936
    Thanks
    1
    Thanked 287 Times in 281 Posts
    Of course it is for a criminal history purpose. Under state and federal law, violent offenses can be disqualifying offenses for the purchase or possession of a firearm. There is a valid state interest in determining your eligibility to possess a firearm.

    I am not familiar with NJ STATE law, but if this simple battery was against a girlfriend and there was a notification in the conviction that it was related to DV then this is a DV conviction and thus a disqualifier. Also, if the simple assault had a potential punishment of more than one year in jail, it is also a disqualifying offense under federal law.

    Fill out the form and submit it. If your offense is not a disqualifying offense, you should sail through just fine.

    - Carl
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

  8. #8

    Join Date
    Jul 2009
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thanks for the info

Similar Threads

  1. Assault & Battery aggravated assault with firearm
    By lmcclain75 in forum Criminal Charges
    Replies: 0
    Last Post: 10-31-2008, 03:32 PM
  2. Arrest, Search, Seizure, Warrant Was this seizure legal?
    By gypsy in forum Criminal Procedure, Criminal Court
    Replies: 7
    Last Post: 04-24-2005, 12:47 AM

Log in

Log in