Fingerprinting again?

[siderman 1,002]

Just had a nice little chat with my Chief LEO and he said the towns can fingerprint you every time you apply for a PP.Is that true?He instead just uses yellow form (SBI 212A), a request for criminal history.That and afew other issues of discussion were a little frustrating. Kept gettin the"been doin this for 40+yrs and....well I'm not a lawyer but....

 

EDIT: the following is about another topic I had with him-

 

QOUTE FROM A THREAD FROM LAST YEAR:

What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

 

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

 

 

The above quote was offerd as to my comcerns for my son able to buy a gun while he is atationed in NC. It seems at first to be OK as my son appears to have duel residency being based there. Chief said to read it closer and he may not be eligable after all. The code/ststute above says he must do daily commuting between the states for the duel residence to apply. Now it seems to me that since he lives on base that maybe he will not be able to buy a gun, having ordres/military ID isnt mentioned here as the over-riding criteria. I'm going to suggest that he not get a firearm untill he gets a NJ FPID to be safe. vERY CONFUSING.

[hd2000fxdl 422]

Wrong, incorrect, inaccurate,, see where I am going here..

 

Harry

[deviated rationality 4]

If he lives in the barracks, his state of residence is NJ. Due to laws and regulations, He can claim NJ as his home and pay ZERO taxes since he lives on base and in the barracks. I did this every year on my taxes.

 

Since that is the case, hes State of Residence is NJ, and he can get a gun according to that statute. However, if he lives off base in an apartment or house, he no longer can claim residence in NJ.

 

Edit: Not all states allow this type of thing. I know for a fact that NJ does, at least for taxes.

[halbautomatisch 60]

A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located.

 

If this applies to your son, he is eligible to buy a handgun in NC, and later legally bring it back to NJ without permits if he moves back here. The other sentence about commuting is describing an alternate residency scenario. Your chief is misinterpreting the federal reg(or has a deliberate ulterior motive).

[JSF01 13]

^That is how I understand it, and so far have not had any problems buying any firearm I want out here in MT. In fact I just recieved an antique firearm in the mail today, which reminds me I need to update the arms race thread.

[siderman 1,002]

Thats how I see it also. My chat with the chief resulted in basically 4 problems. As I was dropping off some PP's I felt it wasnt the best time to have a full on "dicussion" at that time. The 4 issues of concern were

1) duel residency- his view, you cant have it because you can only vote in one state, have a drivers license in one state....

2)the above stated fingerprinting issue

3)again his veiw, even if he could legally purchase a gun in NC he would need to transfer it to NJ via common carrior(mail) and not be able to drive it home.(or shouldn't, cant remember)

4) Needs a FPID to have it in NJ

 

Now dont get me wrong, he was friendly and genuinely concerned for the well being of my son but jeez, I certainly wasn't prepared for the over all lack of knowledge. I think I'm going to try and gather together some of the fed/NJ codes/statutes, print and hi-lite some choice info and then talk with him. Now to just find all that info here...

[Malsua 1,414]

Thats how I see it also. My chat with the chief resulted in basically 4 problems. As I was dropping off some PP's I felt it wasnt the best time to have a full on "dicussion" at that time. The 4 issues of concern were

1) duel residency- his view, you cant have it because you can only vote in one state, have a drivers license in one state....

2)the above stated fingerprinting issue

3)again his veiw, even if he could legally purchase a gun in NC he would need to transfer it to NJ via common carrior(mail) and not be able to drive it home.(or shouldn't, cant remember)

4) Needs a FPID to have it in NJ

 

Now dont get me wrong, he was friendly and genuinely concerned for the well being of my son but jeez, I certainly wasn't prepared for the over all lack of knowledge. I think I'm going to try and gather together some of the fed/NJ codes/statutes, print and hi-lite some choice info and then talk with him. Now to just find all that info here...

 

1. Wrong.

2. Wrong.

3. Wrong.

4. Wrong.

 

1. Lots of people have dual residences. What qualifies depends on the state but as an active duty military person, their "home" state and the state of their duty state counts as dual residence.

2. A department can ask for fingerprints. It's not law that they must. It's just harassment if they do unless it is from paper to electronic. Fingerprints don't change over time.

3. Complete nonsense. He's covered under both federal and NJ laws on transport if he's coming home.

4. FPID is a purchase card, not an ownership card. It applies to long guns, not hand guns and is not required to own guns in NJ.

[deviated rationality 4]

 

Fingerprints don't change over time.

 

This is false, anyone can have a sever burn or cut that scars and thus alters finger prints, which is why it's not considered harassment if they try to finger print you every time you go in to get a Pistol Purchasing Permit (I think there is something saying that they can only do it once a year, but I can't say for sure.)

[hmmjak 2]

Well to quote from NJAC Title 13 Chapter 54

 

(g) An applicant for a handgun purchase permit who possesses a valid firearms purchaser

identification card, or who has previously obtained a handgun purchase permit from the same

licensing authority for which he or she was previously fingerprinted, and who provides an additional

valid identification document of his or her identity, need not be fingerprinted again. In such cases,

the chief of police or Superintendent shall otherwise fully investigate the applicant in accordance

with this subchapter. The chief of police or Superintendent shall require the applicant to complete

the New Jersey State Police, State Bureau of Identification (SBI) "Request For Criminal History

Record Information For Non Criminal Justice Purpose" form, and pay the appropriate fee

established by N.J.A.C. 13:59. Applicants unable to provide an additional valid identification

document shall submit to fingerprinting.

[Malsua 1,414]

This is false, anyone can have a sever burn or cut that scars and thus alters finger prints, which is why it's not considered harassment if they try to finger print you every time you go in to get a Pistol Purchasing Permit (I think there is something saying that they can only do it once a year, but I can't say for sure.)

 

So they take one look at you fingers, and realize you're one of the 10 million people a year in NJ who manage not to burn off your fingerprints and forgo from requiring new prints. Requiring new prints, every time for everyone is harassment by anti-gun PDs. Ask for new prints for the half a dozen people who put their hand in a meat grinder or deep fryer, leave the rest of us alone.

[siderman 1,002]

harassment for sure. Not to mention the extra financial burden of getting printed again, assuming that there not doing it for free!

[bulpup 98]

The way I brought my Glock into NJ from NYC? Put it in the trunk, drove to my house, put it in my house.

 

When I called my local PD they were genuinely confused why I was even asking.