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Response from Assemblyman Michael Patrick Carroll Re: NICS

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Being that Assemblyman Michael Patrick Carroll is a pro gun guy I posted on his facebook last night asking about the delays for the NICs checks and he responded to me that he already had his staff looking into this. I asked him to post any info he gets. Guess we will have to wait and see why "instant" is not the case.

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They are looking into this based in part on my conversation with them about a week ago. He suggested I call his assistant and she asked me to email her the details and she would have it looked into. Here is the conversation:

 

 

 

Elaine,

 

Per our conversation, I was hoping Mr. Carroll’s office might be able to do something about the state obstruction of our second amendment rights. State law mandates that firearms ID cards (FID) are to be issued in 30 days or less. Living in Randolph I was one of the lucky ones where my town actually complied and completed the request in 28 days, but that is not the case in most parts of the state. Some towns, even in Morris County, are taking two to six months or more. Then you have the Instant background checks at time of gun purchase (called nics). The way it is supposed to work is the gun store (FFL) calls in to the state police and the instant check is run over the phone. As instant implies, this was typically a 10 minute procedure or less. The state police have shut down the phone lines and are requiring that everything now be done by fax (1970’s technology). This at first made instant a few hours or a day. My understanding is that state law mandates this be done in three days or less. It is now taking seven to nine days in Randolph which is unacceptable. I believe the law actually says that the FFL may release a gun to the purchaser if they get no reply in three days, but they won’t do that because of legal concerns if the background check came back negative. Something needs to be done to stop the state from trampling on our rights to speedy processing.

 

Thanks for your help in this matter.

 

 

Response:

 

Howard,

 

I just heard back from my contact at the Dept. of Law and Public Safety. She said you are correct that the statute is not clear and they are aware of the issue. It is currently under review and results will become available in the near future.

 

Elaine

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