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Hi looking for some clarification and possible direction if my thinking is true.
I was denied a nics today because of OGAM law per NICS.
I last bought a handgun under an exemption on 08/15/14. Last non exempt handgun purchase was 07/12/14. According to them the 08/15/14 nics resets the clock on the 30 day rule. However i read on here before that an exempt purchase is just that it is exempt and doesn't count. I have used that reading for past two years and have done it numerous times with success. Today was no good, NICS transferred me to Firearms Unit and they said it wasn't real clear how the statue handles this but their interpretation was NICS was correct in denying me. They said they are keeping this interpretation unless they receive something in writing from attorney generals office or the law is changed. Thanks in advance
Was thinking about this for quite some time, but can't find any specific info on this. Sorry if it has been discussed already, just point me out where :-)
I almost had a chance to try this on myself a couple of months ago (buying a handgun evening before a long trip out of state), but got lucky then.
So, hypothetical situation:
1a) You come to the store with your P2P, choose a handgun, commit to buy it (e.g. pay the whole price right away).
Store associate runs your NICS (Day 1) and gets a "delayed" response (seems not that uncommon, especially for Green Card holders). You fly out to Dallas Montreal the next morning for 2-weeks project. Next afternoon (when you are already enjoying Texas sun Montreal cold and French-speaking crowd everywhere sitting in an small office) you get a call that NICS returned "approved" (Day 2).
You can't take the gun that day, you actually can do it only on Day 15 or so.
It is fine as long as NICS results are valid for 30 days AFAIK.
(another version of this situation - 1b) - might be a friendly FFL running NICS for you a little bit in advance, let's say, on Day 1 with you coming to pick guns up on Day 6 after that)
Result is basically the same. While NJ NICS writes the date of request as Day 1, you actually take a possession of a gun on Day 15 (or Day 6 etc.).
Question: when can you buy the next gun?
a) On Day 31 (or 32 to be sure)
b) On Day 45 (or Day 36 respectively for 1b) for 30 days to pass from the moment you actually took possession of the gun
c) You can again run NICS on Day 31, and it will be approved, but you will be unable to legally take a possession of a handgun until Day 45 (or 36).
Question 2: in such scenarios, what dates go where in your papers?
As I remember, FFL can NOT put Day 1 in your P2P if you actually come on Day 15, because in this case it would look like he failed to return other copies of P2P to authorities on time.
Still back to OGAM, how NJ NICS system will know about the actual date of transfer?
Thanks a lot in advance!
Locations edited not to hit a raw nerve :-))))
It's been at least a few weeks since I last saw this asked, so I'm going to bring it up again
While there are many ambiguitiesin NJ firearms laws, this doesn't appear to me to be one of them:
So to me this clearly states that if I buy a handgun on day zero and starting counting on the following day, I would be eligible to buy a handgun on day 30. Doing a search, everyone advises buying on day 31. I called the NJSP firearms unit. I was told the law permits buying on day 30, but it was her "personal recommendation" to wait for 31. I just wonder if this is one of those gun store "NJSP requires us to see an FID before allowing you to handle a firearm" things. So my question is:
1. What was your personal experience buying on day 30? Approved or denied? No offense, I'm not interested in what happened to your buddy or what happened to your friend's brother's former roomate, just your personal experience where you have first hand knowledge of when your permit was dated, when NICS was run, and know you were careful about the day count.
2. And if you were denied, 1) were you told why?, 2) does it affect the way you have to fill out any future NICS requests?
Okay-I know this is stupid; but dealing with OGAM drives me nuts. I have two guns on layaway and have two weeks left to pick up one and then will need to wait 31 days for the other. How do others deal with this waiting period? I know I am a grown-up and all, but man, I am impatient!
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