sgtdave4321 36 Posted December 8, 2023 Can anyone help me out and tell me the statute that says a PD shall issue a permit to puchase in 30 days if there is no reason to deny? Thanks! Quote Share this post Link to post Share on other sites
Mr.Stu 1,928 Posted December 8, 2023 Look up NJSA 2C:58-3 I'm not by computer right now so can't cut and paste. Quote Share this post Link to post Share on other sites
sgtdave4321 36 Posted December 8, 2023 Thanks so much! Quote Share this post Link to post Share on other sites
Mr.Stu 1,928 Posted December 8, 2023 Also note the statute is useless. It was overridden by a court case a long, long time ago. Caselaw trumps statutes, it seems. 1 Quote Share this post Link to post Share on other sites
JohnnyB 4,328 Posted December 8, 2023 2 hours ago, sgtdave4321 said: Can anyone help me out and tell me the statute that says a PD shall issue a permit to puchase in 30 days if there is no reason to deny? Thanks! I'm in a pro 2A town and waiting 6 weeks! I even called the Lt. in charge and he said only a couple apps before mine. That was a freaking week ago! Quote Share this post Link to post Share on other sites
revenger 473 Posted December 8, 2023 9 hours ago, Mr.Stu said: Also note the statute is useless. It was overridden by a court case a long, long time ago. Caselaw trumps statutes, it seems. These were all pre-bruin, ALL THESE PRE-BRUIN DECISIONS need to be refiled. lawsuits need to be filed daily! why are we always on the defensive. we are always "waiting" for a court resolution. keep the attack going! 1 Quote Share this post Link to post Share on other sites
SmokenClay 21 Posted December 8, 2023 1 hour ago, revenger said: These were all pre-bruin, ALL THESE PRE-BRUIN DECISIONS need to be refiled. lawsuits need to be filed daily! why are we always on the defensive. we are always "waiting" for a court resolution. keep the attack going! Unfortunately for us while the BRUEN decision has change the field challenging a law requires STANDING and that's where they screw us. Someone has to be prosecuted for whatever is being challenged. And then how deep are your pockets? No guarantee anyone would be successful as the State can just drop charges if they think they will lose just to keep the law on the books and keep charging/prosecuting people. In the OP case of a delayed right, good luck we don't need Bruen for that. 30 days from when? I get all kinds of opinions from everyone I ask from the day you submit to the day the issuing authority has everything they need including fingerprints to 'start' a background check. My town has issued P2P in less than 3 weeks but as much as 6 months and it usually depends on whatever backlog there is similar to NICS (delay, delay, delay) Just hard to fight. I'm sure when we say do it faster and state says oh we need more people then so pay us more... (I realize we are paying more now - $25/ea and it's not any faster) During the pandemic there was a huge demand and 3 months in I called to check on my request and was told mine was somewhere in the pile of 1400 submissions and we only have 2 detectives working firearms so it will take some time. Got them 6 months after request. But my request for 3 permits earlier this year was done in less than 3 weeks. I'm guessing but based on the news and recent events there is likely high demand right now = longer wait times. It will take as long as it will take and hassling your local PD probably will not help. Patience and politeness goes a long way. Quote Share this post Link to post Share on other sites
1LtCAP 4,264 Posted December 8, 2023 11 hours ago, Mr.Stu said: Also note the statute is useless. It was overridden by a court case a long, long time ago. Caselaw trumps statutes, it seems. i never knew that? would you be able to link that? i'm curious. i always just thought it couldn't be enforced due to the lack of consequences listed for non-compliance...... Quote Share this post Link to post Share on other sites
SmokenClay 21 Posted December 8, 2023 https://njgunpermitattorney.com/2009/04/23/when-is-30-days-not-30-days/ 1 Quote Share this post Link to post Share on other sites
45Doll 5,883 Posted December 8, 2023 12 hours ago, Mr.Stu said: Also note the statute is useless. It was overridden by a court case a long, long time ago. Caselaw trumps statutes, it seems. Sooner or later the citizens of this country will have to answer this question: What do you do when the 'law' means whatever 'the authorities' want it to mean, and the concept of 'checks and balances' within the Federal government has been completely neutered? Quote Share this post Link to post Share on other sites