Let's see how long it takes to purchase handgun in New Jersey

[bushmaster1313]

On Friday afternoon of last week, January 14, 2011, I went to my local Police Department to start the process of applying for a permit to purchase another handgun. This will be my fourth time through the process, but because more than two years has elapsed since my last purchase this application will be treated as a "new" one. I am a lawyer with a squeeky clean record and have passed the NICS application for a long gun at least 5 times in the past two years. I have a valid New Jersey Purchasers Identification Card. The only major change in circumstances since my last handgun purchase is that my adult daughter acquired a kitten, and even though it is rapidly growing into a cat I am surprisingly fond of it.*

On Friday January 14, 2011 I picked up the forms: 1) the New Jersey application (which requires two references; 2) the New Jersey form to release any mental health records I may have (I have none); and, 3) the totally illegal form of my local municipality requiring me to allow anyone anywhere to let my local Police Department inspect any record they may have about me going back to the beginning of time. I hope to file the application on Monday Janaury 17, 2011. I will need to bring $2.00 in cash and a money order for $18.00.

Let's see how long it takes.

I will keep the Forum posted.

* It is possible that my irrational fondness for my daughter's cat might be construed as a symptom of mental instability.

 

[Bhamrichard]

totally illegal form

If the form is totally illegal, why fill it out. The local PD may of course ASK for anything they want, but from what I understand (limited) about NJ, it is not a REQUIREMENT to provide the form you mention under any statutory authority.

 

[powell&hyde]

I agree with Bhamrichard, but knowing nj, if you don't fill it out, you don't get your firearm.

 

[bushmaster1313]

If the form is totally illegal, why fill it out. The local PD may of course ASK for anything they want, but from what I understand (limited) about NJ, it is not a REQUIREMENT to provide the form you mention under any statutory authority.

No form no permit, not worth the fight.


January 17, 2011: First SNAFU, today is a Federal Holiday so I cannot go to the Post Office and get the necessary Money Order this morning.

 

[Mousegun]

I had to get a permit for an air gun while living there.

 

[Art Eatman]

Is the legal issue for this thread in this forum the "illegal" form? That might be on topic if cites of existing New Jersey law were provided. Otherwise, there's no point to this thread's existence.

 

[bushmaster1313]

Two legal issues:

1) The illegal consent form which I was required to sign beyond the forms provided by New Jersey Statute. The statute which I will try to find and post prohibits required forms beyond those provided by the statute.

2) It will undoubtedly take more than the 30 days provided by statute.

 

[bikemutt]

Going forward I'd consider buying a gun on a more regular basis so you don't let your "dues" lapse. This sort of thing is not uncommon; if you join the local Eagles for instance, you really don't want to let the membership expire, it's just more hazing.

All kidding aside, I wish you a speedy re-application.

 

[bushmaster1313]

January 18, 2011: Good news.

Filed my application today and I was told that the rule for additional applications being treated as "new" applications had changed. Now as long as the last application was less than five years ago you do not have to be refingerprinted.

Also, I was told that the delay in getting a State Police background check had gone from 3 to 4 months to about 3 weeks. My last application 4 years ago took almost half a year.

I will keep the Forum posted.

 

[wishin]

Good luck. You realize of course that when you finally get the permit you'll need to post it in the general discussions forum!

 

[Tom488]

The statute in play here is 2C:58-3f. While the actual statute is pretty lengthy, the relevant parts are:

... the licensing authority ... shall grant the permit or identification card ... within 30 days of the receipt of the application for residents of this State

and

... There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are pecifically set forth in this chapter.

A court some years ago ruled that the 30 day statutory requirement could be waived/ignored if the investigation was not complete. In the case, the applicant argued that his PD was taking more than 30 days to process his application. The PD countered that they hadn't gotten the background check back from the FBI. The judge ruled that the greater good was served by waiting for the FBI to respond, and therefore threw out the 30 day requirement.

 

[Murphy4570]

Hrmf. Prepare to wait a while.

I filed for the rifle permit and 1 pistol permit back in the 1st week of October. Haven't heard a peep from them yet.

 

[BacSi67]

Most town police sit on the applications for a while. Some towns in my area, permits to purchase are issued in 10 days. Last one i got took three months.
If the SP were to blame all permits would take a lot longer than 10 days.
Bac Si

 

[Downr@nge]

Good luck. I'm on day 75 waiting for mine!

 

[geekWithA.45]

Lemme know if anyone ever beats my record: 11 months, 2 weeks, 5 days. (iirc)

I've heard of 12-18 month time frames, but they haven't been documented.

 

[raz-0]

I have had 60 days, 45 days, and 45 days.

The most recent one was quite odd as they outsourced the fingerprinting, background check, and money collection. Sent me to a third party which was very fast, but had a 2 week lead on getting an appointment. They were slower than they used to be, but faster than they were after they lost the guy who did most of the permit paper pushing.

 

[bikemutt]

Some of these stories are astonishing, 11 months plus to buy a handgun? NJ sounds like a classic case where the persons in charge were given an inch and they took the mile, over and over. I can't imagine it has always been this way.

 

[788Ham]

No wonder Tony Soprano was always hot under the collar!

 

[bushmaster1313]

It once took me 5 months to replace my Purchasers ID Card when I moved 3 blocks in the same town.

 

[black_powder_Rob]

Off topic (some) but God Bless Texas. We have none of those long wait times. I am sorry to hear about that.

Back on topic. If the forms you speak of are illegal then maybe you could organize a group of residents and file a lawsuit against the PD for the consent form. Just a thought.

 

[JoeShmoe]

Off topic (some) but God Bless Texas. We have none of those long wait times. I am sorry to hear about that.

Back on topic. If the forms you speak of are illegal then maybe you could organize a group of residents and file a lawsuit against the PD for the consent form. Just a thought.

God bless New York as well. Anytime I've added a handgun to my license, it's only taken a week at most.

 

[ILikeLead]

I believe that legally states can do whatever they deem necessary. BUT has moving to another state that is less oppressive ever crossed your mind?

I chuckle to read about the BS that others put up with.

 

[stevek]

* It is possible that my irrational fondness for my daughter's cat might be construed as a symptom of mental instability.

Bushmaster...admitting you have a problem is your first step towards a cure

Fellow subject in the PRNJ, but we are closing on a property in WV in a week or two

 

[jojo200517]

Wow and to think that I seen my para 1911 gi expert in the case at the gun store the other day and was like man thats nice you got any in stock, guy said yeah went and took one out of the safe. I looked it over, said man I gotta get this, filled out my form 4473 and showed him my drivers license.

Apparently they are now setup where they can do the NICS over the internet and in about 5 minutes he had it back and printed.

He filled in his couple blanks on the 4473, asked if i needed anything else, I said yeah another magazine, I already got ammo tho for now. He totaled me up on the cash register, I handed over the cash and we shook hands and said have a good day man and I walked out with my new toy.

In and out in under 30 min and part of that time was me looking it over and talking with him about it, in reality a transfer I did one day when I didn't have much time to look around took about 15 minutes.

Don't mean to rub this in but move on down here to good old south carolina, were friendly rednecks as long as you learn to say y'all and reckon.

 

[Conan1]

That's how we do it in KY also. Get out of NJ is the best advice I can give. When they run out of taxpayers maybe they will run out of excuses to keep your 2nd amendment rights away from you.