FID Application delay. Anyone sue and win?

[Silent Service 7]

Has anybody sued the PD due to a delay in FID processing and won?

 

At what point did you get an attorney? IE: Day 31? Day 365?

 

How much did it cost?

 

How long did it take?

 

 

I don't believe anyone wins in this case, except the lawyers and Judge.

[TooBigToFit 2]

I think someone sued and lost.

 

Which unfortunately means for you that you will lose too.

[Rick_F 5]

How long have u been waiting?

[Silent Service 7]

How long have u been waiting?

 

Not over 30 yet, but I like to do my homework in advance. There is a better than average possibility there is going to be a problem.

[Silent Service 7]

I think someone sued and lost.

 

Which unfortunately means for you that you will lose too.

 

Any links or idea where you got that from?

[BleedingOrange36 0]

When would you consider the start of timer? The moment you drop the application off?

Or 30days from when they receive all necessary information back.

[TooBigToFit 2]

http://caselaw.findlaw.com/nj-superior-court-appellate-division/1456634.html

[Pizza Bob 1,488]

I'm wondering if this decision can be revisited in light of the fact that it was rendered prior to digital record keeping. My understanding is that PD's routinely get back FBI reports within days of submission and the NJSP SBI has also gone to digital databases. There is no reason, other than local manpower and/or allocation of local resources, which is an unacceptable excuse, that it should take longer than 30 days. Can one have the previous finding set aside and bring a new suit?

 

Adios,

 

Pizza Bob

[BleedingOrange36 0]

And she still received her card in just under 2months utilizing a completely paper based system..

[Wile E Coyote 0]

I'm wondering if this decision can be revisited in light of the fact that it was rendered prior to digital record keeping. My understanding is that PD's routinely get back FBI reports within days of submission and the NJSP SBI has also gone to digital databases. There is no reason, other than local manpower and/or allocation of local resources, which is an unacceptable excuse, that it should take longer than 30 days. Can one have the previous finding set aside and bring a new suit?

 

Adios,

 

Pizza Bob

 

Wondering the same seeing as the judge basically stated it wasn't the fault of the Chief of Police that the results of the background check hadn't been returned by the FBI within the 30 days. Therefore the Chief didn't have the resources to make an informed decision on whether or not to issue the permit. It does however give PD's the excuse of blaming it on the Fed's if they get behind on issuing FID/P2Ps, at least until you file a suit and your paperwork then magically completes itself a la Fantasia. Troopers very well may have called the FBI and asked for a courtesy seeing as they were being sued over it. She lost the case, probably wasn't paying the lawyer anyway seeing as she continued after getting the permit, but may have gotten it quicker.

[Silent Service 7]

http://caselaw.findl...on/1456634.html

 

Thanks TBTF. +1 bud. I don't think I can give you one officially, but at least here I can.

 

I'm wondering if this decision can be revisited in light of the fact that it was rendered prior to digital record keeping. My understanding is that PD's routinely get back FBI reports within days of submission and the NJSP SBI has also gone to digital databases. There is no reason, other than local manpower and/or allocation of local resources, which is an unacceptable excuse, that it should take longer than 30 days. Can one have the previous finding set aside and bring a new suit?

 

Adios,

 

Pizza Bob

 

I agree 100% PB.

 

Since there is already a prior ruling, any new suit brought to the court is going to be held to the standards of that ruling. Unless there was proof that the chief was sitting on the application even though the SBI/FBI docs were returned to him. Good luck getting that.

 

A friend once told me, who is an arbitrator, " If you want justice, stay away from the court house". I've found that to be true via some small claims suits I've filed.

 

Please clarify the finger printing request the PD has to do. What finger print data base does the PD have direct access to? What I mean are there multiple or various layers they have access to? Is there a town, county, state, federal data base they access without having to deal with the a-soup agencies?

 

I guess I'll just have to continue using the exemptions and let wifey keep building the collection. But herein lies part of the issue, if there is going to be confiscation she will let them in immediately because she is the owner of record on the firearms, but I on the other hand tend to be a bit more apt to tango.

[Silent Service 7]

When would you consider the start of timer? The moment you drop the application off?

Or 30days from when they receive all necessary information back.

 

I understand it to be that when they have all the required paperwork in hand, FID app, Mental health statement, 2 references.

[Pizza Bob 1,488]

Since there is already a prior ruling, any new suit brought to the court is going to be held to the standards of that ruling.

 

 

 

Please clarify the finger printing request the PD has to do. What finger print data base does the PD have direct access to? What I mean are there multiple or various layers they have access to? Is there a town, county, state, federal data base they access without having to deal with the a-soup agencies?

 

Isn't there a legal mechanism for setting aside a previous ruling? In this case based on new technology that has a direct bearing on the ruling.

 

As I understand, the fingerprints are checked against both the FBI database (now using AFIS) and the NJSP / SBI database - now also digitized, hence the use of Sagem Morpho.

 

Adios,

 

Pizza Bob

[halbautomatisch 60]

Assuming we are going to have to keep dealing with this archaic system............. we need to get the police to be accountable for the timing of what is being done in this application process. The police should have to record the date you hand in your completed paperwork, the date they sent out the reference letters and the date they get them back, the date they sent the paperwork to Trenton and the date they get it back, the date the mental health check was sent out and the date they get it back.

 

I know for a fact that in a lot of departments, that in many cases, paperwork is just sitting around collecting dust, and the applicants are being told BS lies as to why it's taking so long. If the local PD is doing their job as required, they would be absolved of any wrong doing by documenting the process.

[MattLunLegal 0]

I am an NJ attorney currently working with about 15 applicants throughout the state and having helped many more in the past. In my experience a decision within 30 days is the rare exception. There are a few unreported decisions from both the law division (superior court) and appellate division that have interpreted the 30 day limit to apply "unless good cause for denial exists" Now we just need a court to limit "good cause for denial" to the limited exceptions of N.J.S.A. 2C:58-3.

 

Back to the OP question, I've found that a letter on my firm letterhead addressed to a township/city attorney can sometimes speed up the process. The township attorney doesn't want a lawsuit against the town and will sometimes nudge the PD a bit. On the other hand, it would take a deep-pocketed client to front the thousands needed to bring a good case based on the delay and the city attorneys know that. Overall, enforcing the time limit has no easy answer in my opinion.

[djg0770 481]

On the other hand, it would take a deep-pocketed client to front the thousands needed to bring a good case based on the delay and the city attorneys know that.

 

Class action. I'm in for $100.