Legalities with firearms purchases

Bunker

New Member
Joined
Dec 28, 2020
Messages
22
Location
North Carolina
Rating - 100%
1   0   0
Hey everyone, this isn't a "how can i get around background checks" question but one of regaining your rights to purchase a firearm.
Background and full disclosure: back when i was in my teens in the late 90's I was committed to a mental health ward in New Jersey for suicidal depression and at the time we thought I was voluntarily committed. turns out it is considered an involuntary commitment, and I've been denied a firearm purchase recently because of this. I honestly don't even remember the name of the facility since it has been well over 25 years since I've been in it.
Does anyone have any experience with New Jersey mental health expungement? the only lawyer I've talked to from there quoted me five thousand dollars to start the process of getting it removed, but that's a bit more than i can reasonably come up with in any length of time.
I do own several firearms, and talked to my sheriff about the situation and he basically said just don't do anything wrong and it's not an issue to them.
thanks again for your help folks, it's been really trying as i was really hoping to start taking part in some local casual shooting clubs, but that's not really an option if you have that albatross hanging over your head.
 
Welcome to the forum. Sorry you're having to deal with this. It just goes to show what a messed up situation things are with regards to gun laws. I think you'll find few fans of the gun legalities here.

That being said, as much as I hate to say it, your most likely course of action is probably a NJ attorney. I am assuming it was a state court matter, and hence needs to be dealt with there and I doubt it is going to be cheap or easy. You probably do need some sort of expungement, which could entail getting some NJ tyrant in black judge to agree that you're normal and safe and NJ is downright hostile to gun ownership, unfortunately. Maybe a consult with an NC attorney might give you some insight into the process, I don't know.

Regardless, I wish you good luck on your journey. Just don't give up, but recognize it will be a long road.
 
Welcome to the forum. Sorry you're having to deal with this. It just goes to show what a messed up situation things are with regards to gun laws. I think you'll find few fans of the gun legalities here.

That being said, as much as I hate to say it, your most likely course of action is probably a NJ attorney. I am assuming it was a state court matter, and hence needs to be dealt with there and I doubt it is going to be cheap or easy. You probably do need some sort of expungement, which could entail getting some NJ tyrant in black judge to agree that you're normal and safe and NJ is downright hostile to gun ownership, unfortunately. Maybe a consult with an NC attorney might give you some insight into the process, I don't know.

Regardless, I wish you good luck on your journey. Just don't give up, but recognize it will be a long road.
Thanks for the advice, it'll hurt but i might go ahead and try and get a loan so i can pay the lawyers up there to work it out. they quoted me about a half year to get it sorted out on average. i am just hoping someone on the forum had some experience with the process who could offer insight into it.
 
Hate you are going through a difficult time. Like upstream your course of action will be in NJ. Good luck on getting everything straightened out.
 
Hey everyone, this isn't a "how can i get around background checks" question but one of regaining your rights to purchase a firearm.
No one ever had a better reason for coming here and asking for help. Still, it takes some fortitude to do it. Just wish we had some clear answers.

This is the kind of thing the NRA ought to be able to help you with... but good luck on that front!

Sure is good that your sheriff is cool. At least you don't have anyone here reacting badly. All you have is failed background checks, right?

It might be worthwhile to start with a NC attorney, maybe someone who can find and work with a NJ attorney on your behalf. They key is to find attorneys who are sympathetic with your situation, and know how to take action without breaking the bank.
 
@Bunker

I've seen the local news stations talk about a program the state of NC does with a team of lawyers and probably assistant DA's that offers free help to get records expunged. I don't know what the frequency of these are, maybe once year? Cannot remember the last one I saw, but I do recall seeing them every so often.

I have no idea if NJ offers anything like that, but it may be worth exploring. The goal was to help people clear old minor things off their records for new job and other work opportunities.

Good luck on your journey and hope you can get it cleared up easily.
 
Last edited:
It’s probably not legally viable, but the first thing you need to do is formally renounce your NJ citizenship. Then represent yourself in court and explain politely to the judge nothing that happens in NJ should apply to the rest of the country. 😆
 
...talked to my sheriff about the situation and he basically said just don't do anything wrong and it's not an issue to them.
Why isn't this the solution to your problem?

Ask that sheriff to approve your CHP and you are all set.
 
Why isn't this the solution to your problem?

Ask that sheriff to approve your CHP and you are all set.
He’s been denied purchase permits recently.
That would come from said sheriff.

ETA- Correction, could have been long gun purchase. First post doesn’t specifiy.
 
Last edited:
Are juvenile records supposed to be sealed? If you were still a minor when it took place.
All IVC stuff is seal in NC. In fact the only way the person that was committed can even get a copy is with Chief District court Judge order. So the way it works is you go voluntarily to begin the process. But once you are "committed" you are no longer free to leave and under a court order.

To the OP you likely need to make sure to contact an attorney in the county you were committed. That said attorneys are like car repairs you go to the dealership you're gonna get screwed. Unless you find one that specializes in this they are all going to do the same job. You might be able to find help from the NJ state bar with a call bank or even a pro 2a group similar to grnc.

Good luck it's gonna be a fight unfortunately.
 
Last edited:
Nappen promised my BIL he'd be cleared for $9-$10K.
He charged more than that & my BIL got his bill and felonies.
I'd look for someone different.

Here's some reading material that might be of some help.
 
Sorry for the derailment of your thread, but I wanted to put something out that gripes my butt regarding mental illness. Illnesses can be cured. Just because it was a mental illness, that shouldn't mean a life sentence for someone that went through a difficult time a long time ago. That is all, carry on.
 
So I know how a trust acquires an NFA item, but I wonder how it could acquire a pistol in NC. Maybe create the trust, file for the PPP using only the trust info, and see what happens.
 
Here is info from NJ
 

Attachments

  • AOCMHforms.pdf
    3.5 MB · Views: 3
@Bunker

I've seen the local news stations talk about a program the state of NC does with a team of lawyers and probably assistant DA's that offers free help to get records expunged. I don't know what the frequency of these are, maybe once year? Cannot remember the last one I saw, but I do recall seeing them every so often.

I have no idea if NJ offers anything like that, but it may be worth exploring. The goal was to help people clear old minor things off their records for new job and other work opportunities.

Good luck on your journey and hope you can get it cleared up easily.
thanks for letting me know about this, i'll have to look into it. not sure if they would do stuff outside of NC though.
 
He’s been denied purchase permits recently.
That would come from said sheriff.

ETA- Correction, could have been long gun purchase. First post doesn’t specifiy.
ive previously been able to get some purchase permits, but the most recent one was a pistol purchase permit. I've asked a friends family who runs a gun store to run my background check and it also came up a big fat no.
 
Sorry for the derailment of your thread, but I wanted to put something out that gripes my butt regarding mental illness. Illnesses can be cured. Just because it was a mental illness, that shouldn't mean a life sentence for someone that went through a difficult time a long time ago. That is all, carry on.
as a person who has a few mental illnesses, i understand 100% your point. i was a suicidal teenager and the only person i was a threat to was myself. that was also 25 years ago and i'm a different man who went through therapy and has medication that helps. It shouldn't be a sword of Damocles dangling over your head.
 
You aren’t the first person to ask, but you might be the first from NJ. I don’t know of a single success story. Folks ask and then wander off. Perhaps they succeed and perhaps they do not. Folks that have been successful probably don’t talk about it. FWIW, your posts are less emotional about it than the others I remember.

I suggest that you think hard about what you really want before starting this hobby. There is a very strong human tendency to strive for those things we can’t have, not because we want them but only because we can’t have them. Maybe try some black powder shooting, or even archery, to see if it tickles your fancy before investing in what may well be a $10,000 modern pistol that you decide isn’t a hobby that you really wanted.
 
That is very good advice, JimB... my daughter has said several times that she would rather be a skilled archer than a rifleman. She is both, but especially loves shooting instinctive archery.

@Bunker, consider our friend, @Jeppo... who got into firearms only to find after years of effort that he can't hit the broad side of a barn, even from the inside. Jeppo, have you considered muzzleloaders or trad bows? :cool:
 
Back
Top Bottom