Jump to content
RU_27

Enforcement of Alleged 30 Day Time Period

Recommended Posts

Despite the requirement that an FID be issued within 30 days under 2C:58-3.f, it is apparent to most people this just doesn't occur. Has anyone tried to file an order to show cause or otherwise legally "enforce" this statutory requirement for a 30-day response?

 

Recently moved and I find it ridiculous I need to wait 1/2 a year or so again to get my change of address completed on my FID...

Share this post


Link to post
Share on other sites

They routinely violate the 30 day mandate under color of a court finding that the clock doesn't start until all necessary material for background check is received by the PD.

 

Given that the court finding was pre-digital record keeping, one would think this could be revisited by the courts. However, the fly in the ointment is that the mental health records are still all hardcopy and searched manually. There should be a move to digitize these records.

 

Also, there should be transparency in the application process so we can be assured that the delay is legitimate - I suspect that most long term delays are not. but we can't tell without transparency or an applicant advocate.

 

Adios,

 

Pizza Bob

Share this post


Link to post
Share on other sites

I think the courts made it even worse than what has already been said.  They ruled that the intent was not to give someone a permit before the needed checks were run, and if that takes longer than thirty days well so be it.  They said it would be far worse to make them issue a permit in 30 days just because the law said so and risk issuing permits to people that would be found to not qualify if the proper amount of time had been spend.  Seems like BS, but this is the state of BS.

Share this post


Link to post
Share on other sites

Good luck in Dirty Jersey. I have a friend in Jersey City who wants to get his FID, but doesn't feel like going through all of Mayor Full-Flop's illegal paperwork requirements.

 

He should contact ANJRPC

Share this post


Link to post
Share on other sites

I go to my new town's local PD. My own fault for not realizing a change of address requires you to go through the process AGAIN (i.e. fingerprint, fee, etc.)...silly me for thinking there'd be an efficient process. 

 

Then the guy behind the counter essentially hints it'll be a 6 month wait...so i effectively cannot buy pistol ammo or go to the range for 1/2 my lease? Wonderful Jersey...

Share this post


Link to post
Share on other sites

I go to my new town's local PD. My own fault for not realizing a change of address requires you to go through the process AGAIN (i.e. fingerprint, fee, etc.)...silly me for thinking there'd be an efficient process. 

 

Then the guy behind the counter essentially hints it'll be a 6 month wait...so i effectively cannot buy pistol ammo or go to the range for 1/2 my lease? Wonderful Jersey...

 

They get lost all the time, its only a little piece of paper, maybe yours got lost during the move.

Share this post


Link to post
Share on other sites

I go to my new town's local PD. My own fault for not realizing a change of address requires you to go through the process AGAIN (i.e. fingerprint, fee, etc.)...silly me for thinking there'd be an efficient process.

 

Then the guy behind the counter essentially hints it'll be a 6 month wait...so i effectively cannot buy pistol ammo or go to the range for 1/2 my lease? Wonderful Jersey...

You can still go to the range. FID is not a requirement for transport between exempted locations.

 

As for ammo, a lot of online stores don't ask for your FID.

Share this post


Link to post
Share on other sites

They routinely violate the 30 day mandate under color of a court finding that the clock doesn't start until all necessary material for background check is received by the PD.

 

Given that the court finding was pre-digital record keeping, one would think this could be revisited by the courts. However, the fly in the ointment is that the mental health records are still all hardcopy and searched manually. There should be a move to digitize these records.

I get your point about this, but I see an advantage to *not* digitizing some mental health records. Any time previous "hardcopy/manual" records become digitized, it makes them easier to "share" with other agencies/networks, and vice versa. Employers, Insurance agencies, other govt. agencies, etc. etc. etc. Realistically, I'm not sure if there is an advantage with keeping these particular records manual, but if there is one, I'd like to keep it. Maybe it is prolonging the inevitable, but...

 

 

Also, there should be transparency in the application process so we can be assured that the delay is legitimate - I suspect that most long term delays are not. but we can't tell without transparency or an applicant advocate.

 

Having said what I did above, it would seem, however, that the best place for a little transparency would be in the county adjustor's office - since I gather that most PDs use them as the scapegoat for the delays. To know when the adjustor returned the mental health results would be a significant milestone. Although some would say it's the SBI - Firearms unit, but I think they've been pretty quick lately, what with the electronic SB212A now. 

Share this post


Link to post
Share on other sites

.....

 

Having said what I did above, it would seem, however, that the best place for a little transparency would be in the county adjustor's office - since I gather that most PDs use them as the scapegoat for the delays. To know when the adjustor returned the mental health results would be a significant milestone. Although some would say it's the SBI - Firearms unit, but I think they've been pretty quick lately, what with the electronic SB212A now. 

 

PDs won't give transparency because you'll then see that the majority of the delay is due to them. I've found county adjusters to be reasonably transparent. Turnaround at Hudson County is only a day or two, if I recall correct. I also thought it was interesting that they didn't receive my application until a few weeks after I had applied. I know Passaic County had problems due to staffing, but in October of last year, they hired someone specifically just to process the mental health checks. While I'm not absolutely certain they're no longer a bottleneck, I recall reading of a Passaic County resident earlier this year, I think in one of the facebook groups, getting their initial FID in less than 30 days. When applying for my initial FID, NJSP was being blamed at one point for the delay, but when I contacted them, they said my PD received the results of my check the same day I was fingerprinted at morphtrak.

Share this post


Link to post
Share on other sites

PDs won't give transparency because you'll then see that the majority of the delay is due to them. I've found county adjusters to be reasonably transparent. Turnaround at Hudson County is only a day or two, if I recall correct. I also thought it was interesting that they didn't receive my application until a few weeks after I had applied. I know Passaic County had problems due to staffing, but in October of last year, they hired someone specifically just to process the mental health checks. While I'm not absolutely certain they're no longer a bottleneck, I recall reading of a Passaic County resident earlier this year, I think in one of the facebook groups, getting their initial FID in less than 30 days. When applying for my initial FID, NJSP was being blamed at one point for the delay, but when I contacted them, they said my PD received the results of my check the same day I was fingerprinted at morphtrak.

 

I wouldn't expect transparency from the affected PDs for the reasons you stated. I was hoping we might get a little from the county adjustor's offices. At least an advisory on when they say they sent back the results to the PD.  The PD can't cover that up. They can only say, "Well, we haven't received it yet." Maybe if the county adjustor was required to use postal tracking and gave us the tracking # upon demand. If we use the right references, we'll know when they get the forms and return them. The only "X" factor would then be the NJSP Firearms unit. But I'm hoping the electronic SB212A is making that go marginally faster or, at least, minimizing the "clerical errors."

Share this post


Link to post
Share on other sites

I go to my new town's local PD. My own fault for not realizing a change of address requires you to go through the process AGAIN (i.e. fingerprint, fee, etc.)...silly me for thinking there'd be an efficient process. 

 

Then the guy behind the counter essentially hints it'll be a 6 month wait...so i effectively cannot buy pistol ammo or go to the range for 1/2 my lease? Wonderful Jersey...

So in the above can he apply for the change of address first and keep his old FID? Or will they not process the paperwork or fingerprints until he shows a new license?

Share this post


Link to post
Share on other sites

This has been covered multiple times. There is no reason for the PD to keep your card while your change of address is processed - it's another one of those things where the police make up the rules as they go along.

 

If they do confiscate your card, it does not prevent you from going to the range. An FPID allows you to travel with a long gun outside of the specific exemptions in the statutes. Going to and from the range is within the exemptions.

 

As for buying handgun ammunition, you should be able to use a pink copy of a P2P for that - providing you can find an FFL that knows the law. Also, as has oft been pointed out, there are on-line ammo sellers that do not require an FPID. Dependent on where you live in the state, you can go to a LGS in PA or DE and buy across the counter.

 

Good luck.

 

Adios,

 

Pizza Bob

Share this post


Link to post
Share on other sites

You can still go to the range. FID is not a requirement for transport between exempted locations.

 

As for ammo, a lot of online stores don't ask for your FID.

True, check our www.Sportsmansguide.com  They send ammo to NJ without a problem.  I've also read that you don't have to turn in your old FID while waiting for a new one.

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...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...