NJ State Gun Law - applying for permit tomorrow

[romma]

That's the one!!!

It brought a smile to my face and I pointed it out to my GF.

I knew I was in a different world than NJ when I saw that sign and shop...

Ct shops are nicely marked as well...

 

[Snubster]

dcal, good luck with the process. i used to live in nj but never went through with the process to purchase firearms. i started the process but ultimately moved out of state before it was completed.

 

[newman32]

I live in NNJ, and my permits have always come in about 30 days even when there was a big surge in the permit workload right after 9-11. Never gotten a hassle or anything from the PD either.

I think the state is pretty consistent, and the local dept tends to hold it up depending on whatever. I'm lucky I guess.

Anyway, maybe try the anjrpc's Legal Affairs contact for advice or possibly assistance. http://www.anjrpc.org/wheretocall.htm

Good luck, and I think its great you want to make a stink about it. It really is amazing that the law says one thing, and law enforcement disregards it at will.

 

[ilbob]

Good luck, and I think its great you want to make a stink about it. It really is amazing that the law says one thing, and law enforcement disregards it at will.

We have a similar problem in Illinois. ISP is required by law to issue FOID cards within 30 days. When they got busy they would just take as long as they felt like. Some reports of 3-4 months. no penalty for them failing to obey the law. By most accounts they are now mostly making the 30 days.

 

[vim]

I grew up in New Jersey, and the state of affairs there is just sad. It is a beautiful state, but the criminal violence and feelings of helplessness against it in urban areas is appalling.

I knew a few police officers, including a detective who had been in the Marines, and I respected them greatly for their professional behavior and motivation. I can honestly say I never personally met a bad cop there.

But New Jersey is firmly in the grip of a corrupt political machine good at posturing and pandering to a generally uninformed voter base (no, not YOU; I mean statistically). I moved out. Yes, I fled the scene of a growing disaster. I had my family to protect.

 

[Fisherman_48768]

Paying fees, waiting periods, limits on purchases per year? Ask the AH's doing this if the same rules apply to voting and serving on a jury or reading a newspaper.
Folks, get active and keep the fires to the politicians toes until they understand what an infringement is.

 

[romma]

The State of NJ is a criminal enterprise!

 

[Tom488]

Consider the effect if a Rendell-styled "one gun a month" law were passed. The effect will be three guns a year, max.

Funny you should mention that... just such a bill passed the Assembly last session... will undoubtedly be approved by the Senate this coming session. Governor Corzine will be all too thrilled to sign it into law.

As to others' question on the amount of permits one can apply for - there's no limitation in the law. Various departments may impose their own "limitations", but it's not backed by any statute.

In fact, that very situation was pointed to by the Chief of Police of Jersey City, during his testimony to the Public Safety Committee, during the debate on the one-gun-a-month law. He claimed that his officers were taking far too many guns off the streets, and blamed the problem on people applying to him for "large amounts" of handgun purchase permits at one time. He said he would try and find any reason to deny them, but if he couldn't come up with anything, that he had to approve them. The very notion that illegal gun dealers are applying to the State for purchase permits, in which to purchase guns then sell them illegally to criminals, is preposterous. But, there you go...

As far as legal action when the process takes longer than 30 days, as Geek pointed out, this is futile. The courts have ruled that in the interests of public safety, the background check can take as long as is necessary to complete.

 

[Liko81]

*important information below*

even my detective said by law it should take 30 days, and its actually the State (Trenton) that holds it for that long. Our department finishes our background check and processing within a week.

Sueing the department, or threatening to do so, will get you no where. Its all in the state. and I dont know what your options are there.

Our department is only a small part of the whole process.

Depends on who's considered the "licensing authority". If it's the municipality (which would be logical as it's the local PD and not the state troopers giving you the paperwork), they are the ones held to the 30 day limit, and regardless of any delay at the capitol, if they don't deny you in 30 days they must approve you. It's actually similar at the State level; their paperwork backup does not relieve them of the responsibility to obey their own laws, and if the PD doesn't hear from the State after 30 days from the date the paperwork reaches the capitol, you have your firearms license. Plain and simple.

I guess I should feel lucky to live in Texas; my handgun application took about an hour once the DPS had my current address. I filled out the federal forms, passed the NICS check in 5 minutes, and they logged the sale, walked me to the counter to pay and handed me the gun in case as I left the store. My only wish is that they let me inspect the specific gun I was buying (I handled the demo, then the gun they sold came out of the safe); I bet they would have done so had I asked, and it turned out to be a non-issue (I got a better model of the gun than the demo), but I'll make sure I ask next time.

 

[geekWithA.45]

Depends on who's considered the "licensing authority". If it's the municipality (which would be logical as it's the local PD and not the state troopers giving you the paperwork), they are the ones held to the 30 day limit, and regardless of any delay at the capitol, if they don't deny you in 30 days they must approve you. It's actually similar at the State level; their paperwork backup does not relieve them of the responsibility to obey their own laws, and if the PD doesn't hear from the State after 30 days from the date the paperwork reaches the capitol, you have your firearms license. Plain and simple.

I'm sorry.

As much as that statement hews to reason and the spirit of the law, it simply is not true.

Close and careful readings of the relevant statutes reveal that while there is a process of appeal for *rejecting* your application, there is literally NO RECOURSE for simply *failing*to*act* on your application.

Lawsuits seeking to cause action in the matter under such circumstances have *failed*.

The NJ courts have *explicitly* stated that the state may take as long as it wants.

 

[dcal]

Depends on who's considered the "licensing authority". If it's the municipality (which would be logical as it's the local PD and not the state troopers giving you the paperwork), they are the ones held to the 30 day limit, and regardless of any delay at the capitol, if they don't deny you in 30 days they must approve you.

The local PD hands you the state application, alternatively you can go to the state police website and fill out a pdf form, fill it out and take it to the local PD for your fingerprints.

I just got back from fingerprinting, it was hardly what I thought it would be... It was almost no questions asked... They took my paperwork printed me and sent me on my way. The officer who helped me, was a cool guy, as most of the cops here are. He seemed more worried about typing less than getting info from me. He was relieved that I only had one tat, for the sake of his fingers.

Anyways, when I asked how long they've been taking to process... He said 6 months. <sigh>

I don't think it will take that long, but I doubt I'll be busting clays before winter is over.

 

[Hardware]

It has "GUNS" on its roof right?

That's the one!!!

*FREE PLUG*
Miller's Guns in Wilmington Manor, DE. Nice place, they specialize in waterfowl hunting, skeet and trap. I was just there today.

Their sign is kind of jarring to those visiting from behind the lines.

 

[AMBASSADOR]

Waiting,waiting,waiting,waiting and wait.

Lacey TWSP 51/2 MONTHS AND WAITING,Whiting TWSP 3 months for my brother inlaw to receive permits,Brunswick TWSP 2WKS for brother in law brother to receive. Each TWSP has thier own time agenda.Take the time to shop on the computer.

 

[Tom488]

and regardless of any delay at the capitol, if they don't deny you in 30 days they must approve you.

Not true. Such languange exists for issuance of a permit to carry (HAH! Did he just say "permit to CARRY"?! In NJ?!? Pffffft... :banghead,

2C:58-4c
If the application is not approved by the chief police officer or the superintendent within 60 days of filing, it shall be deemed to have been approved, unless the applicant agrees to an extension of time in writing.

but no such language exists for the approval of an FID.

Even then, the automatic 60-day approval only gets you by the CLEO signoff.... you still need to plead your case to a judge, who will listen to your pleas, weigh your Constitutional rights against that of the greater good, and promptly tell you to pound sand.

 

[mike101]

How long it takes depends on whether or not your town has a 2A friendly Chief of Police. He makes the decision as to whether or not you even get a permit.

When I lived in Maple Shade, NJ, it took a week. When I lived in the next town over, Moorestown, it took 6 months.

Forget about a carry permit, unless you're a close personal friend of Corzine. However, if you ever have to go to Camden, Trenton, Newark, etc., you might want to remember the words of Joseph Wambaugh-

"It's better to be judged by twelve, than carried by eight". I know, that's an old one, but it seems like it must have been written for NJ residents.

 

[S4Lee]

Well, I did get my prints done last night. The cops were polite enough, and no one gave me the third degree as to why I wanted a firearm. The PD had a new machine which was basically a fancy PC/Scanner combo, and it was all done on-screen. Kinda cool, but the detective said that they only do online checks for arrests, and that FID applications get mailed in to somewhere. The detective said he usually doesn't do the apps, but he seemed to believe it would take 3 months. I actually used the online forms, and filled them out on-screen and printed them, so at least they can't use my handwriting as an excuse to delay the processing. Oh well, the wait begins....

I actually wrote my local reps last week in regards to the 1 gun a month bill. Unfortunately, the 2 assemblymen for my district already voted for it, but hopefully the senator will think twice. If you live in NJ, take some time to contact your reps and let them know how you feel. All the info can be found here, and you can email them through the site as well:
http://www.njleg.state.nj.us/

While you're at it, be sure to encourage them to support A2780, which changes the CCL rules to 'shall issue'.
http://www.njleg.state.nj.us/2006/Bills/A3000/2780_I1.PDF

 

[Beatnik]

Then, after I did a lot of research into the demographics and political dynamics of NJ, I came to understand that to belief the NRA -could- save the people of NJ was entirely erroneous.

That's one outlook.
The other outlook is that this is not a situation where the entire situation is going to be saved by one single action.

This is a war of attrition. NJ got to where it is through incremental steps, and as we've seen, it works in reverse, too.

Most states are shall-issue CCW states at this point. It wasn't that way 10 years ago. And it didn't get that way by cutting and running - it got that way by pushing back.

If the NRA has left the battlefield, find somebody else who will join the battle with you. But for the love of all that's good and sweet, FIGHT!

 

[angry_platypus]

Both my FID application and handgun purchase permit took about 3 months although with my FID I had been calling every month to check on it and when I called the 3rd time the receptionist gave me the "Nope, nothing yet... oh wait here it is." So who knows how long they had had it and just conveniently forgotten to call me.