Jump to content
Sign in to follow this  
cam29906

OGAM Clarification

Recommended Posts

Hi looking for some clarification and possible direction if my thinking is true.

 

I was denied a nics today because of OGAM law per NICS.

I last bought a handgun under an exemption on 08/15/14. Last non exempt handgun purchase was 07/12/14. According to them the 08/15/14 nics resets the clock on the 30 day rule. However i read on here before that an exempt purchase is just that it is exempt and doesn't count. I have used that reading for past two years and have done it numerous times with success. Today was no good, NICS transferred me to Firearms Unit and they said it wasn't real clear how the statue handles this but their interpretation was NICS was correct in denying me. They said they are keeping this interpretation unless they receive something in writing from attorney generals office or the law is changed. Thanks in advance

Share this post


Link to post
Share on other sites

My understanding is that you can use an exemption to bypass a 30 day period already in effect.

But once you use the exemption, a new 30 day clock begins that can only be bypassed by another exemption.

Otherwise, you have to wait out the clock.

Share this post


Link to post
Share on other sites

My understanding is that you can use an exemption to bypass a 30 day period already in effect.

But once you use the exemption, a new 30 day clock begins that can only be bypassed by another exemption.

Otherwise, you have to wait out the clock.

^^^^^^^^^This was always my understanding of how it worked, and I was told the same by the NJSP FIU. Some people on this forum have said they were doing non exempt transfers inside of 30 days after an exempt transfer, but I have never had anyone try to do so.

Share this post


Link to post
Share on other sites

Any handguns bought on a Multiple Handgun Exemption should not have a 30 day clock attached to them, nor should they be referenced by other single permit purchase clocks. Hence the word 'exemption'. I have twice exercised MHEs in between two other single permit purchases that bounded a 30 day window, in 2012 and 2013. (Unless there's been an administrative change in applying the statute.) 

 

If the OP would say, why was an exemption used for a single handgun purchase? If you bought a single handgun on an exemption and the FFL put the NICS check through as a single purchase, and not as a MHE with reference to a specific serial number, that might explain it.

Share this post


Link to post
Share on other sites

The multiple was used on one gun but the NICS wasn't sent in as multiple. So when NICS called on 8/15/14 transaction to deny because OGAM the salesman told them he was staring at an exemption from NJSP and they approved over the phone. I will try again when the NICS goes in correct as multiple and see what happens.

 

Only new thing is there's a new LT in firearms and they will not accept SP15,16 anymore from civilians. They returned 2 of mine last month to PD and told them they had to be sent thru them.

Share this post


Link to post
Share on other sites

Also NICS said go back Tuesday and I'm approved. Of course after paying for NICS again..... But since last NICS was 8/15/14 shouldn't I be good on Monday 9/15/14? That is 31 days from 8/15/14 counting 8/15/14 but not 9/15/14.

Yeah, it should be Monday 9/15.

Share this post


Link to post
Share on other sites

Only new thing is there's a new LT in firearms and they will not accept SP15,16 anymore from civilians. They returned 2 of mine last month to PD and told them they had to be sent thru them.

If that's true it's too bad. Historically sending them in directly eliminated any 'administrative' delay at the local PD.

 

Also if true, Isn't it nice how a 'new LT' gets to change the procedure for the entire state? 

Share this post


Link to post
Share on other sites

Where are the two A groups on overturning this BS???

 

The same place as for the "Whisper" evil death machine air rifle that the then head of the NJ FIU determined all on his own that the gun was equipped with a silencer and thus ILLEGAL in NJ...  But in Free America (Cabela's in Hamburg) you can buy them like toyz w/o any paperwork.........

 

The 2-A community is very busy on the Shaneen Allen case.  News broke recently that the Prosecutor has delayed the trial, and many are thinking that PTI may be the result.......we will soon see.  In any event, the 2-A community is more concerned with keeping a single mother outta jail than worrying about some Pinhead's interpretation of the OGAM rules and how they affect a Collector with money to burn.

 

Just sayin.....

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.



  • olight.jpg

    Use Promo Code "NJGF10" for 10% Off Regular Items

  • Supporting Vendors

  • Latest Topics

  • Similar Content

    • By JW_Pepper
      I'm looking into applying for the OGAM exception and have a few questions despite reading the sticky and a few other posts. I conveniently could not find any kind of instructions on the NJSP website on completing the forms or process. Thanks in advance.
      1. Should forms SP015 and SP016 be sent to the local PD or directly to the NJSP? I have read different things and that the local police just forward the forms to NJSP which will obviously add additional lead time.
      2. Is the original form with inked signature required to be submitted or is a copy acceptable? This is obviously not a problem with form SP015 since I would sign it myself but with SP016 that requires the FFL signature. If original is required, I would have to obtain the form physically from them vs them emailing me a copy and then submit the original.
      3. How will I be notified if I was approved for the exemption?
      4. If anyone who as applied for a OGAM exemption recently, please chime in on how long the turnaround time was.
    • By mikka1
      Was thinking about this for quite some time, but can't find any specific info on this. Sorry if it has been discussed already, just point me out where :-)
      I almost had a chance to try this on myself a couple of months ago (buying a handgun evening before a long trip out of state), but got lucky then.
       
      So, hypothetical situation:
      1a) You come to the store with your P2P, choose a handgun, commit to buy it (e.g. pay the whole price right away).
      Store associate runs your NICS (Day 1) and gets a "delayed" response (seems not that uncommon, especially for Green Card holders). You fly out to Dallas Montreal the next morning for 2-weeks project. Next afternoon (when you are already enjoying Texas sun Montreal cold and French-speaking crowd everywhere sitting in an small office) you get a call that NICS returned "approved" (Day 2).
      You can't take the gun that day, you actually can do it only on Day 15 or so.
      It is fine as long as NICS results are valid for 30 days AFAIK.
       
      (another version of this situation - 1b) - might be a friendly FFL running NICS for you a little bit in advance, let's say, on Day 1 with you coming to pick guns up on Day 6 after that)
       
      Result is basically the same. While NJ NICS writes the date of request as Day 1, you actually take a possession of a gun on Day 15 (or Day 6 etc.).
       
      Question: when can you buy the next gun?
       
      a) On Day 31 (or 32 to be sure)
      b) On Day 45 (or Day 36 respectively for 1b) for 30 days to pass from the moment you actually took possession of the gun
      c) You can again run NICS on Day 31, and it will be approved, but you will be unable to legally take a possession of a handgun until Day 45 (or 36).
       
      Question 2: in such scenarios, what dates go where in your papers?
      As I remember, FFL can NOT put Day 1 in your P2P if you actually come on Day 15, because in this case it would look like he failed to return other copies of P2P to authorities on time.
      Still back to OGAM, how NJ NICS system will know about the actual date of transfer?
       
      Thanks a lot in advance!
       
      Locations edited not to hit a raw nerve :-))))
    • By boo
      It's been at least a few weeks since I last saw this asked, so I'm going to bring it up again
       
      While there are many ambiguitiesin NJ firearms laws, this doesn't appear to me to be one of them:
       
       
       
       
      So to me this clearly states that if I buy a handgun on day zero and starting counting on the following day, I would be eligible to buy a handgun on day 30. Doing a search, everyone advises buying on day 31. I called the NJSP firearms unit. I was told the law permits buying on day 30, but it was her "personal recommendation" to wait for 31. I just wonder if this is one of those gun store "NJSP requires us to see an FID before allowing you to handle a firearm" things. So my question is:
       
      1. What was your personal experience buying on day 30? Approved or denied? No offense, I'm not interested in what happened to your buddy or what happened to your friend's brother's former roomate, just your personal experience where you have first hand knowledge of when your permit was dated, when NICS was run, and know you were careful about the day count.
       
      2. And if you were denied, 1) were you told why?, 2) does it affect the way you have to fill out any future NICS requests?
    • By djg0770
      Informative post intended to be a sticky:
       
      One Gun A Month (OGAM) applies to the following:
      HANDGUNS ONLY. If you need a "Permit to Purchase" OGAM applies, if you purchase your gun with ONLY an FPID card, OGAM DOES NOT APPLY!
       
       
       
      I bought a handgun on February 28th, when can I next buy a handgun?
      Regarding this - I suggest you read this. http://njgunforums.c...__1#entry502784
       
      In my opinion the following is the safe and sure method to ensure that you don't end up in prison.
      If you buy on February 28th, your first day of counting is March 1 (as per NJSP Firearms unit, see link above), your 30th day is March 30, you are legal to purchase on March 31. Some people will argue you are legal on March 30th. That's entirely your call, I am NOT a lawyer.
       
      Please note that you can apply for an exemption from OGAM.
      The forms are available on the NJSP website and to date, it appears as though all exemptions applied for have been approved. Due to the delays in obtaining an exemption, it usually only makes sense if you are taking delivery of 3+ handguns. Instructions on applying for exemptions are listed here http://njgunforums.com/forum/index.php?/topic/41324-filling-out-ogam-exemption-form/page__hl__exemption__fromsearch__1
    • By sage613
      Okay-I know this is stupid; but dealing with OGAM drives me nuts. I have two guns on layaway and have two weeks left to pick up one and then will need to wait 31 days for the other. How do others deal with this waiting period? I know I am a grown-up and all, but man, I am impatient!
  • Posts

×
×
  • Create New...