NJ Gun Laws: Know the law or pay the price

Dec 22 2015
Citizens of the United States possess the fundamental and constitutional right to keep and bear arms, and the "central component" of that right is for "individual self-defense". McDonald v. Chicago, 561 U.S. 742 (2010). McDonald was a landmark decision that finally defined this basic right and applied it to all of the states via the due process clause of the Fourteenth Amendment.  However, as with most landmark cases, it addressed specific issues and left many more unanswered. On the day of the decision, both the NRA and the Brady Center agreed that McDonald protected against any bans on handguns to be used for self-protection in the home. Many other aspects of state regulation remain open for litigation and debate. Amazingly, four of the nine justices dissented and argued that the Second Amendment does not protect a private right to armed self-protection. In the State of New Jersey, owning a firearm remains one of the most highly regulated and dangerous "rights". Indeed, one misstep will, in most circumstances, land you in State Prison.

Did you know that you can go to jail if you make a mistake on a firearms application? Perhaps you forgot about an old conviction and failed to disclose it?  The burden will fall on you to prove why you should not be prosecuted.  Indeed the application process can be tricky for many and the repercussions are severe. Even the acts of transporting and storing firearms involves aspects that seem overly harsh and can result in lengthy jail time. For anyone considering applying for a permit, please consider if there are any reasons why you would be denied. It is better to address the issues prior to applying then applying and being denied.

We believe in your right to protect yourself, your home and your family with a firearm. If you are concerned about starting the process of gun ownership, or if you were denied an application for a firearm purchaser's ID card, or if you want to remove or expunge old charges prior to applying for a gun permit, or if you just want to receive an update on NJ firearm laws, please call us for a consultation. 

Surviving Christmas as a newly-divorced parent

Dec 15 2015

Christmas is a special time of the year - most especially if you have children. If you're newly-divorced, we can understand the stress and strife you may be feeling. But, with a little effort - it is possible to have just as magical a holiday this year.


Today, we wanted to share with you some different ways to accomplish this:


  1. Reach out to your family and friends - Don't just count on immediate family, either. If it's been a while since you've seen cousins, aunts or uncles - or perhaps some old high school pals you've been meaning to get together with, this holiday season is as good a time as any. Do something different and try not to dwell on what was. Instead, create new experiences and memories of what can be.
  2. Create new traditions - Shake things up and do something different - create new, fun things to do with your kids, too. If you always went to the town Christmas tree lighting, why not stay home and bake cookies? Perhaps grab a group of friends and go out caroling. Try not to dredge up old emotions with just walking through the same holiday routine you used to subscribe to.
  3. Pack away the guilt - Don't feel badly that your children won't have both parents present to open presents with. In fact - they'll likely be celebrating two Christmases! However, if they do express feelings to you - hear them out and don't dismiss them. They'll be experiencing the holiday for the first time in this way, too.
  4. Give back to the community - One of the best ways not to dwell on your own situation is to spend time giving by to your community and volunteering a few hours with some charity work. Get the kids involved, too! This will teach them a good lesson about the true meaning of the season as well.
  5. Cooperation is key - Try to put your contentions on the back-burner and work as cooperatively with your ex-spouse as possible. The children should be your center of attention for Christmas and they'll be able to better enjoy their holiday if they at least feel their parents are pleasant to each other.


The biggest gift yourself and your children is to be able to make lemonade out of lemons. And, your children will have what they need most - and that is you - in the merriest mood possible.


Happy holidays, everyone!


Navigating custody through the holidays - from DiFrancia & Price

Nov 03 2015
The holidays are traditionally a time spent with family making memories. However, if you're divorced and are in a shared-custody situation with your ex-spouse, we understand this is much easier said than done. Or, looks easier on paper than actually in practice.
Problem is - that paper- that original custody agreement, makes all of the difference.

Custody arrangements can be messy. However, instead of pretending that this year won't pose an issue, let's try to nip it in the bud now so there may be relative peace for you, your children and your ex.
This may require an uncomfortable conversation to go over details.

The best place to start is the original custody arrangement. This document should detail which parents will spend with the children on what holidays - and it may alternate each year.
Because the agreement is legally binding, make sure you know now what the details are. This should be done earlier on so you know what your options may be.
If you're fairly amicable with your ex, the arrangements may be able to be altered outside of the court. However, in the converse case, many custody arrangements may only be altered with the consent of the court.

If this is your case, reach out to use here at DiFrancia & Price as soon as possible, so that we may be able to better help you while there's still a little time.
In the best case scenario, be willing to compromise and open to coming to an agreement so that everyone has an opportunity to enjoy the holidays.
Here's hoping to that!

How TRID Can Affect You As a Homebuyer

Oct 15 2015

Whether you're in the real estate industry or are or will be soon beginning the home search process, you're going to want to know about TRID (TILA-RESPA Integrated Disclosure). The new TRID rules, which went into effect October 3, 2015, add both time and documentation to the home closing process.

Effectively, TRID consists of the following new rules in which you should be aware of:

The TRID rule consolidates four existing disclosures required under TILA and RESPA for closedend credit transactions secured by real property, the appraisal notice required by the Equal Credit Opportunity Act, and the servicing notice required by RESPA into two forms: a Loan Estimate (LE) that must be delivered or placed in the mail no later than the third business day after receiving the consumer’s application, and a Closing Disclosure (CD) that must be provided to the consumer at least three business days prior to loan consummation.

TRID also establishes a new definition of “application” for consumers to obtain an LE. While this rule includes major changes to mortgage loan disclosures and delivery requirements, due to ICBA advocacy, no proposed changes requiring creditors to disclose an all-inclusive annual percentage rate (APR) were finalized.

Creditors are still required to use the current Good Faith Estimate (GFE), HUD-1, and Truth-in-Lending forms for applications received prior to October 3, 2015. As the applications received prior to October 3, 2015 are consummated, withdrawn, or cancelled, the use of the GFE, HUD-1, and Truth-in-Lending forms will no longer be used for most mortgage loans.

For a full resource guide to TRID, you may click here.

What Exactly is a Living Will? - from Difrancia & Price Law

Sep 28 2015
An advance directive is a legally-binding document that can play an extremely important role in your healthcare decisions. What exactly is an advance directive, or "Living Will" as they're popularly known?

Our team at DiFrancia & Price explains in this week's blog as simply as we can:
An advance directive, (Living Will) is a document you complete that will ensure your requests for numerous medical procedures are followed should you ever become unable to make your own decisions regarding your healthcare.

Your "Living Will" can only become effective if your doctor has evaluated you and has determined that you are unable to understand what you are diagnosed with.
Our expert law team can guide you through this process to ensure you and your rights are protected in the state of New Jersey.

In New Jersey there are two types of Living Wills:
A proxy directive, which allows you to appoint someone else to make healthcare decisions for you; and an instruction directive, which is the document that will specifically outline your requests regarding life-sustaining treatments (or not).
We recommend sitting down with our team to determine which directive would serve you and/or your family best.

How to Obtain Power of Attorney in New Jersey from Difrancia Price Law

Sep 01 2015
As you may have a family member with extenuating medical circumstances or other issues, as a resident of New Jersey, we believe it is important for you to know how to obtain a power of attorney?

What is power of attorney? It is a legally binding document that allows a person to act on behalf of an individual who signs off on the power of attorney. 

If you are a prospective power of attorney, here is how you would obtain official documentation in the state of New Jersey: