Help With Simple assault and firearm ID card Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by nx402, Jul 3, 2009.

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  1. nx402

    nx402 Law Topic Starter New Member

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    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. raskalnikov

    raskalnikov New Member

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    I don't understand what the problem is.
     
  3. nx402

    nx402 Law Topic Starter New Member

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    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. raskalnikov

    raskalnikov New Member

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    If it isn't a felony I doubt it'll be a problem.
     
  5. CdwJava

    CdwJava Moderator

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    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
     
  6. nx402

    nx402 Law Topic Starter New Member

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    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. CdwJava

    CdwJava Moderator

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    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
     
  8. nx402

    nx402 Law Topic Starter New Member

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    Thanks for the info
     
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