My permit was at the courts...what happens now?

[maintenanceguy 510]

I'm sure this has been discussed and answered here before.  So I apologize in advance for not seeing the discussion.  But...

My permit was approved by NJSP and sent to the courts.  The new law was passed after the NJSP approval but before I received a hearing with the court. I saw the directive from the courts (and to the courts) to send all unprocessed applications back to the PD's.

I assume my permit was sent back to NJSP and they now have it.

What happens now?

NJSP far exceeded the statutory 60 days to approve under the old law - the law that was in effect when my permit reached 60 days. So, under the law in effect at the time, I received NJSP approval at the 60 day mark.  Two months later, they actually sent it to the courts.   The old law was also still in effect when they sent it to the courts. 

 

It seems to me that my application doesn't need to comply with the new law - since I was already approved by the PD under the old law.  And, they should just print my permit and call me to pick it up.

I'm guessing they will make this as difficult as possible and I'll have to start the whole process over again.

I haven't received any information about my next steps.   Anyone know what I'm supposed to do now?

[High Exposure 5,664]

My understanding is if it made it to the Courts, the Courts have to complete the process.

Local PDs are only processing applications that were not forwarded to the courts.

If the application was submitted on 12/22 or after, then the new rules and fees apply. Otherwise they are the old rules and fees.

[maintenanceguy 510]

Maybe that's right.  The directive is here: https://www.njcourts.gov/sites/default/files/notices/2022/12/n221222a.pdf

Part reads: 

Any applications for a permit to carry a handgun currently pending before the Superior Court as of today are to be decided and, if approved, issued by the court. The new law allows judges to rely on the prior approval by law enforcement as the basis for approving these pending applications. L. 2022, c. __. Judges must strive to act on those pending applications within 60 days and should not exceed that 60-day time frame without good cause.

Any applications pending with law enforcement are to be decided by the appropriate chief police officer or superintendent. Effective today, any permit to carry application presented to the court will be returned to the law enforcement entity from which it was received.

so, if the court has my application but I don't have a hearing yet, am I "pending" or not pending before the courts?  I guess I'll call the court tomorrow and see what the status is.

[High Exposure 5,664]

If it left the PD and went to the Courts, the courts have it. They are not supposed to send anything back to the PD.

Anything that the PD was still processing pending being sent to the court, even if it’s under the old pre Dec 22, 2022 “courts decide” system, is converted to the new “PD decides” system. 

That could change, but that’s the current situation.

[maintenanceguy 510]

Called the court today.  My permit is in the stack that the court is processing and she estimated that m9y completed permit will be sent to NJSP in about 2 weeks.  She also warned me (but I already knew) that she sends it to Trenton where it will languish for weeks or months before being sent to my local barracks for pickup.

[ESB 247]

On 1/11/2023 at 8:36 PM, maintenanceguy said:

Maybe that's right.  The directive is here: https://www.njcourts.gov/sites/default/files/notices/2022/12/n221222a.pdf

Part reads: 

Any applications for a permit to carry a handgun currently pending before the Superior Court as of today are to be decided and, if approved, issued by the court. The new law allows judges to rely on the prior approval by law enforcement as the basis for approving these pending applications. L. 2022, c. __. Judges must strive to act on those pending applications within 60 days and should not exceed that 60-day time frame without good cause.

Any applications pending with law enforcement are to be decided by the appropriate chief police officer or superintendent. Effective today, any permit to carry application presented to the court will be returned to the law enforcement entity from which it was received.

so, if the court has my application but I don't have a hearing yet, am I "pending" or not pending before the courts?  I guess I'll call the court tomorrow and see what the status is.

If they cashed your Money Order, it has a docket number.  That means its before the courts.  Good news is that before this legislation, only the PD had a 60 day timeframe or it was automatically approved.  This did not apply to the courts.  Once to the courts they could sit on it indefinitely.  Now the courts also have a 60 day timeframe (probably from when they receive it)...  

[raz-0 1,259]

15 hours ago, ESB said:

If they cashed your Money Order, it has a docket number.  That means its before the courts.  Good news is that before this legislation, only the PD had a 60 day timeframe or it was automatically approved.  This did not apply to the courts.  Once to the courts they could sit on it indefinitely.  Now the courts also have a 60 day timeframe (probably from when they receive it)...  

I mean that's still bullshit. The thing expires every two years? It can take 120 days to approve (We'll see if they actually manage to abide by their own laws). 14% of the rime you have no right to carry. Sounds legit. 

 

[ESB 247]

38 minutes ago, raz-0 said:

I mean that's still bullshit. The thing expires every two years? It can take 120 days to approve (We'll see if they actually manage to abide by their own laws). 14% of the rime you have no right to carry. Sounds legit. 

 

The 2 years is supposed to start the day its approved, not the day you submitted it.  Those who have their sent to NJSP where the hold onto it for a few months before passing it on will lose significant time off their 2 years.  

[raz-0 1,259]

Just now, ESB said:

The 2 years is supposed to start the day its approved, not the day you submitted it.  Those who have their sent to NJSP where the hold onto it for a few months before passing it on will lose significant time off their 2 years.  

Yes. Now put on your thinking hat and ask how renewals will work. You wait until it is expired and it takes??? Or you start the process how many days before it expires ot avoid the state dragging their feet? How many days will that be? 

 

[124gr9mm 859]

1 minute ago, ESB said:

The 2 years is supposed to start the day its approved, not the day you submitted it.  Those who have their sent to NJSP where the hold onto it for a few months before passing it on will lose significant time off their 2 years.  

Yeah, I was curious how the start date would work our.  After 160+ days with PD and the superior court, I was pleased that the start date for me was january 3rd (date approved and put in the mail back to my PD) and I had it in hand on january 10.

I think it's absurd that the state police would sit on them for weeks AFTER they're approved...

1 minute ago, raz-0 said:

Yes. Now put on your thinking hat and ask how renewals will work. You wait until it is expired and it takes??? Or you start the process how many days before it expires ot avoid the state dragging their feet? How many days will that be? 

 

Indeed.

I suspect there will be MANY lawsuits and variations to legislation/process over the next 2 years, so it will be interesting to see how things play out.

[Frankenstein 0]

I picked mine up at the Courthouse on the 16th as well as 100 others. The issue date on the permit is the 16th. 

[maintenanceguy 510]

OP here.  Mine was approved by the judge 2/9  (by the way, my application date was 8/6 - I go through NJSP).  It was sent back to NJSP on 2/10 so they could give it to me and I'm still waiting.   Day 204 - nothing yet.

Most of that wait was NJSP sitting on it.