one gun a month question/answer

[tj462nj 32]

Ok, I called the sgt. from the state firearms unit to ask him this question today:

Me:Hello Sgt......., I'm a ffl and have a question about the one gun a month law. Is it one gun a month as if a customer buys a gun on Jan 31st, can he then buy a gun on Feb 1st, isn't that one a month (ie..1 in Jan and 1 in Feb) or if he buys a gun Jan 15th does he have to wait til Feb 15th?

Sgt:Well I don't have a copy of it (the law) but I think it is every 30 days.

Me: Ok, can I look this up on line to get a copy of the law?

Sgt: I'm not computer savvy, but if you are, can probably find it.

Me: Ok Sgt, thank you.

Now this is the guy from the state police that is in charge of the firearm unit.

Bet if I did something wrong they would know what the law is.

[tony357 386]

maybe you should call the county prosecutors office and see if they know and what the repercussions would be ?

[PK90 3,573]

I've learned to interpret the laws myself and not rely on the NJSP.

(7)A dealer shall not knowingly deliver more than one handgun to any person within any 30-day period. This limitation shall not apply to:

 

(a)a federal, State, or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;

 

(b)a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives; or

 

©transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers.

[tj462nj 32]

I kind of knew that Paul, but wanted to hear it from the horses mouth....well I heard it from his other end I think, lol.

[matt6669 71]

Tony, the better question is what the deal is with the permits. Can we get 3 permits at once and use them in the 90-day period, or can we only apply for one at a time so that means realistically for most of us, we can get a total of like 3 guns a year.

 

M

[tj462nj 32]

you should still be able to apply for 3 or even 6 (with the 90 day extension thats available) cause it would only be $2 for each additional at the same time.

[matt6669 71]

you should still be able to apply for 3 or even 6 (with the 90 day extension thats available) cause it would only be $2 for each additional at the same time.

 

Check out Tony's thread, he got denied at his PD today. He was only allowed to apply for one.

 

I might call my local PD and ask them if there is a limitation on permits.

 

M

[tj462nj 32]

I've heard alot of towns giving people a hard time for the number of permits they apply for, even prior to this law. I believe this is that towns "policy", as far as I know there is no law on how many you can apply for. Most town are extremely backed up with permit processing that they are probably trying to cut down & get caught up.

[PK90 3,573]

Wouldn't the work load increase if only one permit were issued each time someone applied, rather than giving out several at once and have the person apply again in 6 months?

[djg0770 481]

Wouldn't the work load increase if only one permit were issued each time someone applied, rather than giving out several at once and have the person apply again in 6 months?

 

Paul - you are trying to apply logic. When dealing with any government entity, logic does not apply, for that matter, neither does emotion.

[PK90 3,573]

:doh:

[EngineerJet 191]

Wouldn't the work load increase if only one permit were issued each time someone applied, rather than giving out several at once and have the person apply again in 6 months?

 

Paul - you are trying to apply logic. When dealing with any government entity, logic does not apply, for that matter, neither does emotion.

 

I gotta disagree with you there bud, emotion is all that drives this government. It's emotion that drives them to fear guns, its emotion that drives the liberal mindset entirely. The regardless of how unsustainable these illegal immigrant numbers are, its irrelevent because they "feel' bad for them. Regardless of how unsustainable this healthcare bill will be, whats important is that one person who died due to lack of care...and that is sad...so lets come up with knee jerk legislation to make sure we never "feel" sad again. Regardless of how a super majority of gun owners are law abiding, they need to disarm us to they can "feel" safe. i'm sure if we got rid of ALL guns in the world, the people would feel safe if just one handgun slipped through the cracks...

[djg0770 481]

Wouldn't the work load increase if only one permit were issued each time someone applied, rather than giving out several at once and have the person apply again in 6 months?

 

Paul - you are trying to apply logic. When dealing with any government entity, logic does not apply, for that matter, neither does emotion.

 

I gotta disagree with you there bud, emotion is all that drives this government. It's emotion that drives them to fear guns, its emotion that drives the liberal mindset entirely. The regardless of how unsustainable these illegal immigrant numbers are, its irrelevent because they "feel' bad for them. Regardless of how unsustainable this healthcare bill will be, whats important is that one person who died due to lack of care...and that is sad...so lets come up with knee jerk legislation to make sure we never "feel" sad again. Regardless of how a super majority of gun owners are law abiding, they need to disarm us to they can "feel" safe. i'm sure if we got rid of ALL guns in the world, the people would feel safe if just one handgun slipped through the cracks...

 

I disagree with your disagreement. This government is entirely based on whims. The whim of one or another politician regardless of their constituents views...

[jermz1987 243]

Your both wrong! The government is just an illusion created by the Zorgons to try and enslave the human race little by little. The constitution was created by the Zorgons, Every few years they try and take away a constitutional right to test the willingness of the humans to fight. Eventually when all of our rights are gone they will start the invasion, By that time, We wont care because we will already be use to being controlled. Jeez everybody knows that.

[tony357 386]

you are all wrong, it is all about money, every law past is a money maker.. the politicians get donations to their camps to either vote for it or against it, the lawyers get paid for looking them over and so on it trickles down hill and everyone along the way gets their pay day..

 

gun ownership in this country is big bucks.. even for the gun owner, we pay to the NRA to fight for us and several other gun activist charities ( i will call them ) to fight for what we have and want to continue. it just seems like a never ending cash cow..

[EngineerJet 191]

i disagree with your disagreement of my disagreement! AND i'll play my blue eyes white dragon card!!! (sorry...gettin geeky)

[223lover 9]

The best was on News 12 when they interviewed some guy in one of the major cities and he said..don't make no difference, i'll just have all my family members buy one at a time. There's always a way around a law......ain't go'n' make no difference.......one gun a month..are you kiddin? ha ha that ain't gonna stop nothin.

[djg0770 481]

Your both wrong! The government is just an illusion created by the Zorgons to try and enslave the human race little by little. The constitution was created by the Zorgons, Every few years they try and take away a constitutional right to test the willingness of the humans to fight. Eventually when all of our rights are gone they will start the invasion, By that time, We wont care because we will already be use to being controlled. Jeez everybody knows that.

 

[BigBlueQ 7]

Okay, how about this one...

 

I purchased a 92fs and a 92 Vertec frame both in Dec., 2009, but I'm still awaiting my permits while they sit in my FFL. Since they were purchased in 2009, can I pick them both up the same day, or do I have to pick one up (when I get my permits) and then wait 30 days until I pick up my second?

 

I can't wait to give them away to my drug dealin' friends!

[PK90 3,573]

One at a time, not closer to 30 days apart. It doesn't matter that you paid for them, it is the time when they were acquired by and transferred to you. Even though the frame is not considered a handgun by Federal standards, it is in New Jersey as you must use a P2P to take possession.

[PK90 3,573]

The laws have been updated on the NJ Legislature website.

2C:58-3i. Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each permit and no more than one handgun shall be purchased within any 30-day period, but this limitation shall not apply to:

 

(1) a federal, State or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;

 

(2) a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;

 

(3) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers

 

(4) transfers of handguns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer.

 

The provisions of this subsection shall not be construed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes;

 

(5) any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or

 

(6) any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).

 

A person shall not be restricted as to the number of rifles or shotguns he may purchase, provided he possesses a valid firearms purchaser identification card and provided further that he signs the certification required in subsection b. of this section for each transaction.

2C:58-3.4 Exemption on restriction of purchase of handguns.

 

a. The superintendent may grant an exemption from the restriction on the purchase of handguns set forth in subsection i. of N.J.S.2C:58-3 if the applicant demonstrates to the satisfaction of the superintendent that the applicant's request meets one of the following conditions:

 

(1) The application is to purchase multiple handguns from a person who obtained the handguns through inheritance or intestacy;

 

(2) The applicant is a collector of handguns and has a need to purchase or otherwise receive multiple handguns in the same transaction or within a 30-day period in furtherance of the applicant's collecting activities. As used in this paragraph, "need" shall include, but not be limited to, situations where there is a reasonable likelihood that the additional handguns sought to be purchased would not be readily available after the 30-day period, that it would not be feasible or practical to purchase the handguns separately, or that prohibiting the purchase of more than one handgun within a 30-day period would have a materially adverse impact on the applicant's ability to enhance his collection. As used in this paragraph, "collector" shall include any person who devotes time and attention to acquiring firearms for the enhancement of the person's collection: as curios; for inheritance; for historical, investment, training and competitive, recreational, educational, scientific, or defensive purposes; or any or other lawful related purpose. If an applicant is a member of an organized gun club; firearms competitors organization; firearms collectors organization; or any other organization dedicated to the acquisition, preservation, or use of firearms for historical, investment, training and competitive, recreational, educational, scientific, or defensive purposes, or any other lawful related purpose, such membership shall be considered in determining whether the applicant qualifies as a collector; or

 

(3) The applicant participates in sanctioned handgun shooting competitions and needs to purchase or otherwise receive multiple handguns in a single transaction or within a 30-day period, and the need is related to the applicant's competitive shooting activities, including use in or training for sanctioned competitions.

 

b. The applicant shall certify, on a form prescribed by the superintendent, the specific exemption sought and the particular handguns to be purchased. This form shall be submitted to the superintendent at the same time as the permit to purchase a handgun, along with any pertinent documentation supporting the need for an exemption. If the information concerning the particular handguns to be purchased is not available when the form is submitted, that information shall be provided to the superintendent as soon as practicable thereafter. The superintendent shall consider the veracity, accuracy, and completeness of the information provided in determining whether the applicant meets the requirements for an exemption pursuant to this section. In considering whether an applicant qualifies as a collector under paragraph (2) of subsection a. of this section, the superintendent shall not consider the number of guns in the applicant's collection. In considering an exemption sought under paragraph (2) of subsection a. of this section, the superintendent shall not consider the merit or validity of the applicant's collecting activities.

 

The superintendent shall not grant an exemption if he finds a reasonable likelihood that the public safety would be endangered by granting the exemption, including but not limited to instances where the applicant may be purchasing a handgun to give, sell or distribute to a person who would not qualify to purchase or otherwise acquire a handgun under the provisions of this chapter.

 

The exemptions set forth in this section shall not be construed and are not intended to authorize multiple handgun purchases where the sole justification set forth by the applicant is that the seller offers a discount for the purchase of more than one handgun.

 

c. Any person aggrieved by the denial of a request for an exemption pursuant to this paragraph may request a hearing in the Superior Court. The request for a hearing shall be made within 30 days of the denial of the application for an exemption. The applicant shall serve a copy of his request for a hearing upon the superintendent. The hearing shall be held and a record made thereof within 30 days of the receipt for the application for such a hearing by the judge of the Superior Court. The judge shall grant the request for the exemption if the judge finds that the denial of the applicant's request was an abuse of discretion, arbitrary or capricious, or a misapplication of the requirements for an exemption as a matter of law.

 

d. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the superintendent may adopt, immediately upon filing with the Office of Administrative Law, such temporary regulations as the superintendent deems necessary to implement the provisions of P.L.2009, c.186 (C.2C:58-3.4 et al.). The regulations so adopted shall be effective for a period not to exceed 270 days from the date of the filing, but in no case shall those regulations be in effect one year after the effective date of P.L.2009, c.186 (C.2C:58-3.4 et al.). The regulations may thereafter be amended, adopted or readopted by the superintendent as the superintendent deems necessary in accordance with the requirements of the "Administrative Procedure Act."