New Member..... few questions.

[Diggs27]

Hello there. My name is Joseph DiGiugno and I recently moved into the Highland County area in Monterey. I have been heresince June 28'th and moved down here from New Jersey. I do have a few questions concerning my rights to purchase a firearm and whether or not if anyone would or could tell me if I would be approved or denied. Back when I was 22 (now I am 33 going on 34 on the 12'th of this month) a girlfriend I was living with and I got into a huge heated argument. I was young and dumb and heavily drinking when I first got out of the service....but anyways. I ended up punching the wall and she got scared, left and ran down the road to where her mother lived to call the police. They ended up putting me in cuffs and due to NJ laws; charged me with a domestic violence. When the case went in front of the judge; I took a plea with the prosecutor's office to dismiss the domestic charge and accept a lesser charge of criminal mischief since there was no physical harm done to her and we were back together trying to work things out. The judge accepted my plea and sentenced me to 1 year probation and an AA program as well as Anger Management. Well; this was 12 years ago; and last March; I got stopped for a routine traffic stop and when they ran my license; they fount that the municipality placed a bench warrant out for my arrest due to failure to comply. Turns out that the courts never received notice that I completed my anger management courses because the counseling company I went through never turned in the certificate of completion to probation ( I thought it was taken care of and did not realize I had to turn it in myself). When I was released; I got in contact with the PO who was assigned my case and agreed to retake the whole 20 week course over again..... I did complete it, and the failure to comply was dropped by the court. Other than that; I have had no other run-ins with the law other than a seat belt ticket about 3 - 4 years ago. Now; I want to purchase a 22 rifle for small game / target shooting, as well as a shotgun for hunting bigger game. With this stuff being on my record; will this cause me to get denied for purchasing a firearm. I just don't want to make an ass of myself when I go to the local gun store. I know he does not have either of the guns I want in stock at the moment; but did say he could order them (just do not want him to go through the hassle of ordering them for me if I am going to end up getting denied because of this stupid action from when I was younger). Can any one assist me with this matter. Thank you in advance for your replies.

[gunderwood]

I think you're going to need a lawyer.

[OakRidgeStars]

Welcome to VGOF!

Go make your purchase. When you fill out the forms, be honest and answer all questions truthfully. If you are denied, which I doubt you will be, you won't look like an ass.

This was a misdemeanor charge, correct?

[Diggs27]

considering I was only sentenced to the probation, AA and the anger management classes, I believe it was actually considered a disorderly persons offense since there was no jail time involved..... Like I said; have had no other run ins with the law; and it was 12 years ago (was young and dumb and made a stupid mistake). If I do get denied and go for an appeal; would they take this fact in to consideration as well?? I have learned from my mistake; and have also quit drinking (other than the occasional beer when I go out with friends.... which may be about 1 or 2 beers a month if that even).

[OakRidgeStars]

If you are denied, you can find a gun-friendly lawyer from this list and ask them to look into it.

http://www.hkshooter.net/lawyers/

My opinion is that you should be fine as long as you are truthful on the background check.

[Palladin]

Get a lawyer - well worth the expense.

[allingeneral]

I think you're OK but I'm not a lawyer. Might be worth calling someone to see if they'll give you a few minutes of free phone consultation to verify.

If you had been convicted of domestic violence, it would be a different story. Since the conviction was not for Domestic, I think you'll be alright.

Sent from my DROID RAZR using Tapatalk 2

[allingeneral]

Oh - and welcome aboard!

Sent from my DROID RAZR using Tapatalk 2

[jdonovan]

It doesn't matter what the charge was, it matters what the conviction and/or charge you pleaded guilty to. Because that's what goes into your criminal record.

Code: Select all

2C:52-3. Disorderly persons offenses and petty disorderly persons offenses

2C:52-3. Disorderly persons offenses and petty disorderly persons offenses. Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

If its been long enough, you can get a disorderly removed from your record... *hint* *hint*

From what you've said, it seems plausible that you would be approved for purchase. Its one of those things that is hard to know for sure, because you had some paperwork problems, and who knows if the 'right' data got entered into your record.

I think the only way to know for sure is to attempt to make the purchase, there is nothing in your story that makes me believe that you would be denied.

[Snakester]

A man that works for me has pretty much the same story as you. Two years ago I took him shooting a couple of times . He had never purchased or owned a firearm of any type. He then told me of a few issues from earlier in life ...Nothing really serious just a few STUPID mistakes. He expressed an interest in purchasing a pistol and a small caliber rifle , but was worried about the paper work. We went to a local Firearms Dealer , made his selection , Truthfully filled out the forms and had no problems at all. Since then he has bought several other firearms including a Sig AR15.

I hope you also can purchase whatever Firearms you desire . It never hurts to get some Handgun Training too !
Welcome to the Forum !

[Diggs27]

Thank you all for your input..... if anyone else has anything to say I still appreciate the advice. I think I am just going to go ahead and have the dealer order the gun for me then go from there. If for some reason it does come back denied, I will appeal it after cosulting a lawyer. Like I said earlier in my post.... this incident happened 12 years ago and should be able to get it expunged. The only thing prohibiting me from doing so at this point is the fact that I was picked up on the failure to comply warrant last year.

[GeneFrenkle]

Welcome!

[ Post made via Mobile Device ]

[allingeneral]

Expungment won't help if it's a disqualifying offense. If someone has a DV conviction, I'm pretty sure it's a disqualifier even if it's been expunged.

Since your issue was pled down to something other than DV it should be OK.

Sent from my DROID RAZR using Tapatalk 2

[Diggs27]

Hey guys...... Well; my fiance asked me what I wanted to do today with it being my birthday. I just looked at her and said; I want to go get my gun. Went to the gun shop (to ask him to go ahead and order), and there it was sitting on the wall; a Mossberg 702 Plinkster with scope combo. I asked him how much, and was given the price of 164 + tax. He decided to go ahead and order it after I spoke to him last week and if things fell through; he would be able to recoupe the money fairly easily since it was "not an expensive gun". Filled out the paperwork; he entered my info in the computer and got an approval response within 5-6 minutes. So yes; I can definitely say that today has been a happy birthday for me and I feel much better with the "legal" worries being off my shoulders. Thank you to all who have responded to my original post with the advice.

[OakRidgeStars]

Congrats on the new rifle, Diggs27

I never had a doubt that you'd breeze through the background check with no issues. So, what's next on the wish list?

[trailrunner]

Filled out the paperwork; he entered my info in the computer and got an approval response within 5-6 minutes.

One down, many more to come!

Congratulations. Now get out and shoot it!

[Diggs27]

actually looking at a 12 gauge next; thinking something like the Mossy 500 or the Remmy 870. Want something that comes as a combo package with the dual barrels (rifled slug and regular) more or less to save the future expenses somewhat. Going to an estate auction this weekend and the paper said they got a few guns (double barrel 12 gauge, 20 gauge shotgun, .308 bolt action rifle, bolt action Japan Q1938 ..... not sure what that may be...... and a couple older handguns) see what they have and if I can get my hands on any of them somewhat cheap.

[gunderwood]

Congrats.

actually looking at a 12 gauge next; thinking something like the Mossy 500 or the Remmy 870. Want something that comes as a combo package with the dual barrels (rifled slug and regular) more or less to save the future expenses somewhat. Going to an estate auction this weekend and the paper said they got a few guns (double barrel 12 gauge, 20 gauge shotgun, .308 bolt action rifle, bolt action Japan Q1938 ..... not sure what that may be...... and a couple older handguns) see what they have and if I can get my hands on any of them somewhat cheap.

Both are good, low cost shotguns. However, checkout the safety/release position. I prefer the Mossberg's location unless you put a pistol grip on it, then I prefer the Remington's.