NJ Handgun Permit Guidelines To Be Updated

Handgun permit processing in New Jersey is undergoing updates. On April 8, 2016, Acting Attorney General Robert Loughy issued new directives regarding uniformity in processing designed to limit instances of extreme delay and other problems. N.J.S.A. 2C:58-3 sets forth the application procedures and forms which are to be utilized by permit issuing bodies and no deviation is permitted. Agencies are prohibited from applying personal views regarding civilian firearms regulation, requiring additional forms, requiring additional information from applicants or otherwise deviating from the standards set forth. Gun permit issuing agencies have a 30 day time period to review applications under N.J.S.A. 2C:58-3(f), unless the applicant's life is in specific danger in which case the gun permit application review period is decreased to 14 days. Disqualification occurs upon conviction of an indictable crime or a disorderly persons domestic violence offense. Interestingly, in spite of these steps toward uniformity, there is also a very broad category for disqualification which allows issuing bodies discretion to deny a handgun permit or firearms purchaser identification card if the "issuance would not be in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). The New Jersey State Police are charged with the drafting of uniform investigation standards. In addition, there are to be updates to Firearms Transport Guidelines. Pursuant to N.J.S.A. 2C:39-6, transport of a firearm that is unloaded and secured in a fastened case or gun box or inside of a locked trunk is permitted directly between a home and business, place of purchase and home or business, directly from a home or business to a range or place of hunting, between a home or business and a gun repair shop or licensed gun dealer and between residences when moving. There are also undefined "reasonably necessary" deviations permitted in the route of transportation including the purchase of fuel, food, beverages, medication and other supplies; use of a restroom, pickup or discharge of passengers, emergencies, detours and other reasons. The reasonability of the deviation and lawfulness of transport is subject to the judgment of the officer encountering an individual undertaking transport. If you have been denied the right to a carry permit after meeting all criteria to obtain one you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Armed Robber Seeks Post-Conviction Relief

Jeffrey Toth was indicted for the armed robberies of a 7-11 and Quick Chek in Woodbridge, NJ and pled guilty to two counts of first-degree armed robbery. At 7-11, Toth was said by a clerk to have a knife and the Quick Chek clerk claimed Toth used a screwdriver as a weapon. Toth was later identified as the robber after bragging to others about robbing the stores. In State v.Toth, the Defendant pled guilty in exchange for a maximum sentence of 15-years imprisonment and dismissal of the remaining counts of the indictment. He was sentenced to 10-years in prison, the minimum for first-degree armed robbery, with an eighty-five percent parole disqualifier under the No Early Release Act (NERA)(N.J.S.A. 2C:43-7.2). Years later Toth sought post-conviction relief (PCR)claiming his attorney failed to argue certain mitigating factors at sentencing but was denied without an evidentiary hearing finding Toth's counsel had made such arguments. He appealed and the NJ Appellate Division reversed and remanded the decision for review under State v. Parker, 212 N.J. 269 (2012) including either oral argument regarding his PCR petition or give adequate explanation as to why oral argument will not be held. First-degree armed robbery is a very serious charge that carries substantial penalties including up to 20 years in prison for each charge. If you have been charged with armed robbery it is critical you obtain experienced criminal defense counsel to defend you and protect your rights. For more information regarding robbery, theft, weapons, distribution and other serious crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Sentencing In Weapons Case Must Fit The Crime

The defendants, Jaquan Lee and Tony Canty, collectively appealed their convictions of 1st degree armed robbery, N.J.S.A. 2C:15-1, 2nd degree possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-4a(1), 3rd degree unlawful possession of a shotgun without a firearms purchaser ID card, N.J.S.A. 2C:39-5c(1) and N.J.S.A. 2C:58-3, 3rd degree unlawful possession of a sawed-off shotgun N.J.S.A. 2C:39-3b and 2nd degree certain persons not to possess firearms N.J.S.A. 2C:39-7 arising out of 3 separate robberies occurring on July 30, 2007 in Elizabeth putting multiple victims at risk. The defendants in State v. Lee were sentenced in the Union County Superior Court to 15 year terms for each count concurrent as to multiple victims in each incident but consecutive as to each incident resulting in aggregate 45 year terms subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2 which requires service of 85% of their sentence before eligible for parole. On appeal, collectively State v. Lee, the defendants challenge in court identifications and excessive sentences. Canty challenged a motion to suppress and Lee challenged the adequacy of the jury charge. The NJ Appellate Division affirmed the convictions but remanded for resentencing as the court did not adequately place the reasons for imposing 3 consecutive sentences on the record. In reviewing whether the sentences should be consecutive or concurrent, the Appellate Division looked to State v. Yarbough, 100 N.J. 627, 644 (1985). Yarbough sets forth factors a court may consider do make such a determination including whether (1) the crimes and objectives were predominately independent of each other; (2) the crimes involved separate acts or threats of violence; (3) whether the crimes were unified in place or time or whether they were individual acts; (4) the number of victims in each criminal act; and (5) the number of convictions for which sentences will be imposed. The Appellate Division also agreed the criminal history and rate of recidivism of the actors could be considered according to State v. Mosch, 214 N.J. Super. 457 (App. Div. 1986). If you have been accused of a crime it is imperative you obtain experienced legal counsel to begin preparing a defense, recognize and challenge violations of your rights with motions to suppress or dismiss and, if you are ultimately sentenced, challenge excessive sentences. For more information regarding weapons, drugs, robbery, assault or other serious criminal charges visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Denying Defendant Access To Witnesses Results In Reversal of Robbery Conviction

In 2007, a convenience store robbery took place in which a man showed the cashier a gun hidden in his hooded sweatshirt and demanded the money from the register. The cashier identified a photograph of Daniel Blazas from a photo array shown to him by police the following day at the Sayreville police station. Defendant's ex-fiancee, Jennifer McHugh, provided police with a statement a couple of days after the robbery saying she received a call from defendant indicating he had robbed the "Indian store." Defendant was charged with first-degree armed robbery (N.J.S.A. 2C:15-1); 3rd degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(b)); 2nd degree possession of a weapon for unlawful purposes (N.J.S.A. 2C:39-4(a)); 4th degree aggravated assault (N.J.S.A. 2C:12-1(b)(4)); and 3rd degree theft (N.J.S.A. 2C:20-3). Defendant filed, among other motions, a motion to dismiss the indictment based on bias based on the misconduct of the prosecution in preventing the defense from speaking with Ms. McHugh directly or Sayreville police officers. After certain denials on the part of the prosecution, the trial judge denied defendant's motion. On the appeal of State v. Blazas, the court held that a defendant's right to due process is violated when the government substantially interferes with defendant's ability to present a complete defense. The Constitution guarantees criminal defendants the right to a complete defense which includes access to evidence the prosecution has whether said evidence is negative or favorable according to the Court in State v. Garron, 827 A.2d 243 (2003). In Blazas, the denial of access to witnesses by the prosecution was held to be conduct in violation of defendant's due process rights and requiring reversal of the defendant's conviction. If you or a loved one have been charged with a crime and believe a critical issue in the case will be witness testimony, you should consult with an experienced criminal defense attorney to ensure your rights are protected. A criminal record can have substantial impact in both the short and long term. In the short term, you may be facing prison, jail, drug court, rehabilitation or probation and in the long term you may face inability to obtain employment, denial of educational opportunities, loss of professional licenses, discrimination, registration as a sex offender or other embarrassing and limiting consequences. For more information regarding robbery, burglary, weapons offenses, assault, drug charges or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.