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New Jersey Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: do i need to use a FFL to obtain long guns from my aunt in NJ if we both have FID cards?

My aunt owns some rifles and shotguns and I want to purchase them from her. Do we need to go to a FFL or can we just fill out the COE form ourselves since we both have FID cards and are related?

James L. Arrasmith
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answered on Nov 9, 2023

In New Jersey, even if both parties have a Firearms Purchaser Identification Card (FID), the transfer of long guns between private parties generally requires going through a Federal Firearms Licensee (FFL). This process includes a background check through the National Instant Criminal Background... View More

1 Answer | Asked in Government Contracts and Gov & Administrative Law for New Jersey on
Q: Can a Fully qualifying licensed Supervising driving instructor work for two separate Driving schools?

It takes 2 years for someone to become a fully licensed Driving Instructor Supervisor. Can an Upstart Driving School Hire an established Supervising Driving Instructor from Another school?

T. Augustus Claus
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answered on Oct 24, 2023

The ability of a fully licensed Supervising Driving Instructor to work for two separate driving schools may depend on the specific laws and regulations in New Jersey. Generally, it's essential to review the state's requirements for driving instructors and whether there are any... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for New Jersey on
Q: In New Jersey, when is a pedestrian crossing a roadway?

Does the right of way begin when the pedestrian is standing on the corner waiting to cross or when they have stepped into the crosswalk? My question is because I received 'Pedestrian - Failure to Yield - Right of Way' ticket. In this instance the pedestrian was standing on the sidewalk,... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 11, 2023

Logically it would be when the person steps onto the road, the reality in court is generally different, thus it is when the person steps onto that pad that is right before the actual start of the road according to most judges. If charged get yourself a lawyer most of the time we can help you... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Estate Planning for New Jersey on
Q: My boyfriend co-signed with me on the purchase of a vehicle, and we are both on title. I have made and continue to make

all the car payments, and we are both on the loan. My boyfriend died a couple years ago, and I now want to put the vehicle in only my name, except motor vehicle requires a copy of the death certificate, which the family will not give me. What recourse do I have to require them to give me a copy of... View More

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

You need to meet with an estate planning lawyer to educate you on what steps you need to take to transfer the title to the car into your name alone. While you may have made all of the payments, my concern is whether his estate makes a claim against you for their "share" of the value of... View More

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Q: What type of legal services would I need for an SSA IRMAA appeal administrative hearing?

I’m on permanent disability; I would like SSA to use my tax info from 2020 or 2022 as 2021 I only had high amount of taxable withdrawals from my dads Inherited IRA; used to purchase a low income affordable condo & pay taxes & additional money taken out in order to pay taxes etc. I... View More

James L. Arrasmith
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answered on Mar 4, 2023

To prepare for an SSA IRMAA appeal administrative hearing, you may want to consider seeking legal assistance from an attorney who specializes in Social Security law. They can help you present your case in the best way possible, and help you navigate the appeals process.

In addition, it may...
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Q: Code Enforcement illegally entered and took photos on my property then issued me a summons for it?

I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission... View More

Morris Leo Greb
Morris Leo Greb
answered on Oct 11, 2022

Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for New Jersey on
Q: If the ordance lacks the definition of an allowed variable does the definition of that variable have to be made public?

For example if the town only allows certain firepits do thay have to make the details of what makes a lawful firepit public? If the town has rules for such a firepit but the rules are not available to the public is this legal? Where is legally allowed for this information to be located?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 28, 2022

Depends on the town, but most rules and regulations for the town will be posted as a township ordinance and you may be able to find these online. However for what you are concerned about you may also have to look at the fire department regulations for the town/county/state. I suggest consulting... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: 88 year old doesnt have hard copy license has dementia cannot produce her drivers license number to replace

How to stop her from driving

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 16, 2022

This is a hard situation, has she diagnosed with dementia? if so her doctor will generally write a letter to MVC getting her license suspended.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: I got dwi in nj on nj license. I have 3 prior in GA on GA license 14 years ago. Because of DLC, do the old ones count?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 26, 2021

Yes they could count, you would need to pay a NJ lawyer to review the statute to see how similar the statutes are to get the answer you need.

1 Answer | Asked in DUI / DWI, Traffic Tickets and Gov & Administrative Law for New Jersey on
Q: best way to get the lowest amount of fines for multiple drunk driving fines?

39: 4-50,4-97,4-97.2,4-96,4-56,4-67,4-130,4-129A,3-74,3-33

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 26, 2021

In all honesty you should not be concerned about the fines but a few of these violations have a mandatory loss of license and even the possibility of jail time. That's what you need to hire a lawyer for, to try to reduce or eliminate these penalties. Money you can always make more, and you... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Jersey on
Q: NJDMV ISSUED MY DRIVERS LICENSE TO ANOTHER PERSON WHO GOT IT SUSPENDED. WHAT CAN I DO???
Leonard R. Boyer
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answered on May 8, 2021

This does not make sense without knowing more facts. Getting any changes to a NJ driver's license is very difficult. Are you a N.J. resident who is temporarily in Alaska? More information is going to be needed to understand what is actually going on.

2 Answers | Asked in Gov & Administrative Law and Landlord - Tenant for New Jersey on
Q: I have a tentant owes 4 mths rent many times he uses the jobs checks not cleared yet and; I now when I state it doesn’t

Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 7, 2021

The Court strictly follows the required statutory procedure for complaints filed seeking eviction of a tenant. To avoid having a case dismissed for failure to satisfy the statutory requirements merely prolongs your problems. My best advise is you retainan attorney to represent you in this matter.

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: Can I get arrested if my parent forces me to take and buy drugs?

So basically my mom made me buy/take street xanax. So she gave me money for me to buy the xanax and she told me what to ask for and when and how much. When i did find someone who had it and i told my mom about that and showed her what the person was saying. “i” (my mother) said yeah i’ll buy... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 22, 2020

Yes you can get arrested as you are committing a crime and so is your mother. The same as if your mother asked you to shoot a gun at a person, just because someone told you to do it, does that mean that you have to listen or that you have immunity from prosecution. By the way it is a crime for... View More

1 Answer | Asked in Gov & Administrative Law and Divorce for New Jersey on
Q: dmv gave me state id with wrong last name I have a court order for the last name changed back to my maiden name

I have a court order for the change and the seal with it my soc sec card was changed back to my maiden name but dmv will not give me a new id and I lost a job because of it what can I do

Leonard R. Boyer
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answered on Jan 21, 2020

First I suggest that you see someone high up in the management of the DMV in Trenton. Next retain an attorney to get this matter resolved. Good luck. But you will not be able to sue the DMV for your damages.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: A government leader robs a bank and is arrested, convicted and charged by the FBI. Is this grounds for impeachment?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 27, 2019

Probably not as they will pass a law saying its legal, just like congress did allowing insider trading.

1 Answer | Asked in DUI / DWI, Election Law and Gov & Administrative Law for New Jersey on
Q: If a government official is arrested for and convicted of a dui, is that an impeachment or grounds for one?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 27, 2019

A DUI in NJ is a motor vehicle offense not a crime

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New Jersey on
Q: Would the fees be paid by the municipality if the criminally charged officer was retired at the time of the indicement

The charges were dismissed during the trial and clearly associated with the retired officers lawfully doing his duty as a police officer

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 31, 2018

That really would depend on the municipality.

2 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: Do I ignore my training and walk away?

I am a resident and volunter firefighter in the state of New Jersey. I have completed my State Mandated Firefighter One course and have been riding the trucks for almost 4 years satisfying my mandatory courses to be a riding firefighter in good standing. I have always been one to act, but want to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 15, 2018

You marked your question under criminal law however I do not see a criminal law question. You may want to repost your question under another section

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1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: My water service is not listed as regulated by the BPU. I am in the tears and they want 65% ($2000) by Monday or they

Are gonna shut my water off. I tried to tell them I don't have $2000 and offered the standard 25% by Monday plus a monthly payment to catch up and they said no. What can I do?

Aimee Hess
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Aimee Hess
answered on Oct 15, 2018

I'm not sure what the BPU is. In Texas, if it is a rural water company, ask to see a copy of the company's tariff. The tariff will set out how they handle payments of deficiencies. If you disagree with the procedure, you can file a complaint with the Texas Commission on Environmental... View More

1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: If you have a licence plate from PA and you live in Nj, will you get fined?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 13, 2018

Yes you are supposed to have NJ plates if you live in NJ and have your vehicle registered in NJ

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