should I call a lawyer

[EX Carnival man 223]

I bought a gun Feb 22. I went march 22 to buy another and was turned down by NICS at the gun store. I had to wait two more days because Feb only has 28 days. so I waited the two days and everything went with no problems. Today when I got home there was a two messages 1 from the NJ state Police and 1 from my local gun store, asking me to give them a call. The message from the gun store was the state police called because I was turned down for my NICS. Anyone ever get a call like this?

[Malsua 1,422]

They're probably going to explain to you that it's 30 days instead of one a month.

 

I would call but be guarded in my conversation. Be nice, but don't admit to anything. They're probably not out to hang you, if they were, they'd just issue a warrant.

 

"Hi, I'm returning the call by detective xxxx"

"Were you aware that you violated OGAM, only one purchase every 30 days?"

"So the law is one every 30 days? One gun a month suggests one each month on the same date. Thank you for clarifying"

"blah blah blah blah"

"Have a nice day, thanks again"

[junkmanted 54]

call the store and see whats up

[NJCK 5]

You're only going to get a review of the NJ regs for your boo-boo. The NICS process kept you from violating the law - lucky you. Had you actually violated it, such as doing a FTF on the 28th, the NJSP would be at your door after getting their carbon of the purchase permit - they do review every one! Personally, I would fess up to screwing up counting because in getting a FPID, you are acknowledging that you have acquainted yourself with the firearms regulations in their entirety! Why give them reason to revoke your card for an honest mistake? We're all human and make mistakes, and I have found the NJSP Firearms Investigation Unit a real pleasure to deal with. Honesty is the best policy IMO.

[avc8130 4]

If you are even considering ADMITTING guilt...talk to a lawyer first. If number 2 is important...so is number 5!

ac

[mikeyboyeee 66]

I wouldn't even call back. Let them call again if it is so important.

[halbautomatisch 60]

You needed to wait one more day. If NICS initially approved you on the 24th, then they miscounted too (they are now keeping track of this).

[PK90 3,573]

There may e another reason besides the OGAM violation. NICS can deny or reverse a transaction. You better call them back.

[bry@n 195]

There may e another reason besides the OGAM violation. NICS can deny or reverse a transaction. You better call them back.

 

i agree. call them back and see what they say.

[Ray Ray 3,566]

If you are even considering ADMITTING guilt...talk to a lawyer first. If number 2 is important...so is number 5!

ac

 

Great post!

[The Dark Knight 11]

Call a lawyer. Never talk to the police without a lawyer present, certainly regarding a matter like this.

 

Remember that the police can lie to obtain a confession and that this has been upheld by the supreme court.

 

http://www.youtube.com/watch?v=6wXkI4t7nuc

[I saw nothing 3]

If you are even considering ADMITTING guilt...talk to a lawyer first. If number 2 is important...so is number 5!

ac

 

It just amazes me how this guy is now treated like a criminal because the state of NJ does not honor the 2A... which it is supposed to.The irony would be humorous but it makes me sick! After reading through this thread it just dawned on me how the innocent are treated like the criminal now! Absolutely sick!

[PK90 3,573]

Thanks for that video The Dark Knight.

 

Any updates AlexV?

[EX Carnival man 223]

Yes I called a Lawyer who I know through a friend. He told me to call but NOT to answer any questions. I called today and I let the Trooper do all the talking. All he said was that they are now calling everyone who is turned down for a NICS check. He told me everything was fine and that its a new law that you can only buy 1 gun after 30 days and to just make a note of it. I let him do all the talking. I said Thank You for taking the time to call me.

[tony357 386]

Good job, just keep your mouth shut and listen..

 

Now to just get our wifes to do the same thing.. I usualy take the 5th..

[Old Glock guy 1,127]

Call a lawyer. Never talk to the police without a lawyer present, certainly regarding a matter like this.

 

Remember that the police can lie to obtain a confession and that this has been upheld by the supreme court.

 

 

I've seen that video, or one very similar to it. (OK, not the whole thing, I'll admit; but enough to get the idea.) It's great advice, and quite an eye-opener.

[robs609 2]

Call a lawyer. Never talk to the police without a lawyer present, certainly regarding a matter like this.

 

Remember that the police can lie to obtain a confession and that this has been upheld by the supreme court.

 

http://www.youtube.com/watch?v=6wXkI4t7nuc

 

 

great video

[M4BGRINGO 139]

Certainly an eye-opener, glad I spent the time to watch it. I have friends on the job and their job is to get confessions from guilty people. It's just a job, nothing personal. So, the moral of the story is, shut your mouth! Very rarely will you ever be questioned by the police if you had absolutely nothing to do with the matter at-hand. How else would they even know to talk to you?

 

To the OP, you are in an interesting situation. Strange that the people in charge of allowing you to purchase a handgun allowed you to buy the next one too quickly. They won't be in trouble, it is the people of NJ that wish to own guns that are guilty until proven innocent. Sorta like the defendant sitting next to the defense attorney. The jury looks at the defendant as guilty until he/she is proven innocent. Very interesting video.

[RecessedFilter 222]

So did he inform you of why you were denied by NICS, or does he not have to?

[EX Carnival man 223]

So did he inform you of why you were denied by NICS, or does he not have to?

Yes he said they are calling everyone to explain why, and the new 30 day wait law.

[PK90 3,573]

I think there is some confusion here. From what has been posted by the OP, and from some personal incite into NICS checks, the OP was more than likely "delayed/pending" until the 30+ days were up. Then he was then approved and allowed to take his firearm. I still do not know why he was called after the 30 days. Maybe a 'be careful' courtesy call.

 

There is only four initial responses from NICS.

1. Proceed

2. Denied

3. Delayed

4. Cancelled (???)

 

If the response was denied. the transfer would not take place. I've seen these overturned at a later date by the NJSP with much investigating. If the response was delayed, then the NJSP must respond within three business days with another response or the transaction is automatically allowed to proceed per Federal Law. If the response was proceed, then the transaction is completed. I have no idea what a cancelled response means on the initial check, except to mean denied.

[jonhig 0]

The NJSP NICS Unit has a day counter built into the firearms database. A few people were denied due to February having 28 days. These were honest mistakes and probably due in part to a misunderstanding of the statute. As a result of this the NICS will now delay a transaction that is initiated before the 30 day has elapsed. As was stated previously, NICS has 3 "business days" to render a decision on a transaction. Sunday and Holidays are not business days, to clarify. The 30 day rule counts calender days so it would include business days. The 30 days begins on the day your previous transaction was approved by NICS, not the day it was initiated. Just to be safe we should all count our days prior to initiating a subsequent transaction. The folks at NICS and the Firearms Unit are good people and not interested in criminalizing honest people, they're trying to enforce a piece of legislation that was forced on them by the NJ Legislature.

[PK90 3,573]

It appears that you have some inside info to the workings of the NICS Unit. I have a question for you.

 

SCENARIO: NICS checks are good for 30 days according to Federal Guidelines. I can provide links if desired. Now, if someone were to purchase a handgun on April 1st, then a dealer runs a NICS check on April 20th for a handgun that both the dealer and customer knows can't be picked up, i.e. transferred within 30 days. Is the NICS Unit (acting as big brother here) going to delay the check until April 31st? The check must be approved or denied in 3 days. The NICS has nothing to do with the transfer time period. It is a background check. OGAM is not a reason to deny or delay a NICS check.

[bry@n 195]

If the nics check is good for 30 days, does that mean a nics check can be run on me on the 1st and then I pick it up on the 5th? when would the 30 days begin then?

[PK90 3,573]

If the nics check is good for 30 days, does that mean a nics check can be run on me on the 1st and then I pick it up on the 5th? when would the 30 days begin then?

 

Yes. It is good for 30 days. And you can pick it up at anytime within those 30 days. The 30 days for the NICS check begins when the form is signed. However, this has nothing to do with the NJ OGAM law. The transfer of a handgun can not take place within 30 days from a previously transferred handgun.

[bry@n 195]

Thanks for the clarification.

[jonhig 0]

It appears that you have some inside info to the workings of the NICS Unit. I have a question for you.

 

SCENARIO: NICS checks are good for 30 days according to Federal Guidelines. I can provide links if desired. Now, if someone were to purchase a handgun on April 1st, then a dealer runs a NICS check on April 20th for a handgun that both the dealer and customer knows can't be picked up, i.e. transferred within 30 days. Is the NICS Unit (acting as big brother here) going to delay the check until April 31st? The check must be approved or denied in 3 days. The NICS has nothing to do with the transfer time period. It is a background check. OGAM is not a reason to deny or delay a NICS check.

 

If you're talking about a transfer on the 1st and then a second transfer initiated on the 20th (well within the 30 day period) and asking if NICS will hold the transfer until the 31st, then the answer is no. The transfer would be denied within 3 days of the 20th transaction. The NICS also enforces state statute as well as federal. The decision to delay a transaction if a purchaser was a few days off was based upon a common sense decision that works within Brady. Everyone wins.

[jonhig 0]

If the nics check is good for 30 days, does that mean a nics check can be run on me on the 1st and then I pick it up on the 5th? when would the 30 days begin then?

 

Yes. The transaction is good for 30 days for that transaction for that ATF 4473.

[PK90 3,573]

NICS is a background check. The NJSP have no right to deny for a NJ OGAM law.

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Scenario #2: Customer wants to buy a long gun and a handgun, but he knows he has to wait until the 30 day wait is up to take possession of the handgun. The dealer also knows this. Now the customer will be denied based on the handgun request. He will not be allowed to take possession of the long gun, because the NICS Unit is acting beyond their authority. So basically, this is a 30 day FIREARM law, not handgun law.

-

I have been in contact with the NICS Unit about this and will pursue action to the best of my ability.

-

Loophole: Get clearance for a long gun NICS check. NICS check is given a proceed. Buyer decides after check that he wants a handgun instead, which is perfectly legal and happens often. The background check is still good, but he must wait until the 30 days are up prior to the transfer taking place.

[jonhig 0]

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