Second Volley - MPC and NICS

[Pizza Bob 1,488]

Assemblyman Carroll:

 

As you can see from the excerpt below, from the Federal Register, a solution to the current NICS mess is already built into the Federal system. I would assume that in order for it to become effective it would require a directive from the AG.

 

Since NJ still requires a Permit to Purchase for handguns, that would fulfill the requirements for the exception. Long guns would be a little trickier since there is a finite limit to the age of the permit – in this case a Firearms Purchaser ID Card (FPID). If the ID was issued within the stipulated 5 year limitation, than the exception would be valid. If issuance of the FPID was more than 5 years from the date of transaction then they would have to go through a NICS check. The smart ones among us would just buy the longarm in another state and make use of the NICS there – which in all cases that I am aware of, is still “instant”.

 

Just allowing FFL’s to take advantage of the exemption for handguns only, may remove enough of a burden from the system, that they would be able to stay current. I am not proposing this as an ultimate solution, just a temporary one to get us through this crunch. The AG’s directive could automatically sunset after a given period of time unless it was renewed.

 

If something doesn’t happen to alleviate this situation soon, there is talk of a judicial remedy under 2C:30-2 “Official Misconduct”. Given that our neighboring state of Pennsylvania is also a POC NICS state and there have been no extended delays there, it would be hard to support the 12 to 14 day waits currently being experienced by firearms purchasers in NJ.

 

Thank you for your attention in this matter.

 

Sincerely,

 

Pizza Bob

 

 

 

FYI:

 

From: Page 58272 Federal Register / Vol. 63, No. 209 / Thursday, October 29, 1998 / Rules and Regulations

 

Exceptions to NICS

The statute provides the following

exceptions to the national instant

background check system:

1. The transferee presents to the

licensee a permit which was issued not

more than 5 years earlier by the State in

which the transfer is to take place and

which allows the transferee to possess

or acquire a firearm, and the law of the

State provides that such a permit is to

be issued only after an authorized

government official has verified that

available information does not indicate

that possession of a firearm by the

transferee would be in violation of the

law;

 

 

And for those wondering - no, I did not sign the letter with my board name. Duh!

[NJGunGeek1980 1]

This is what i have been saying all along i mean the background check we have to go through to get our FID and Pistol Permits is far more through then any NIC's check. Also the excuse i know some have used is that well what if you are a restricted person after your ID was issued is it not the responsibility of the state and local law enforcement to revoke any persons FID that is now a restricted person.

[Pythagoras 2]

Pizza Bob, that letter is a winner!

[jm1827 284]

Very well written. I hope you wouldn't mind if I borrowed some of that for the letters I am writing to my represenattives, for both the NICs and my 5 month wat for a FID.

[Pizza Bob 1,488]

Very well written. I hope you wouldn't mind if I borrowed some of that for the letters I am writing to my represenattives, for both the NICs and my 5 month wat for a FID.

 

Feel free, but I wouldn't dilute either issue by combining the two. They are separate issues with separate remedies - NICS being relatively consistent statewide, while the FPID/P2P is really a local issuing authority issue. They both need to be remedied, but deserve separate letters.

 

JMHO.

 

Adios,

 

PIzza Bob

[djg0770 481]

I have considered charting the nics backlog just so that I can predict when it will hit 30 days. At that point, it's my opinion that all of the pro gun forces should align and bring their considerable bulk to the arena.

 

I would love to see GOA, SAF, ANJRPC, as well as the full NRA-ILA, NJ2AS, JPFO etc commonly join together in a suit against the state for delay of civil rights.

 

I would also love to see them address OGAM and the fact that it's been useless in curbing crime and have that piece of toilet paper legislation thown out.

 

In a perfect world, in my dreams, and Genie, for my last wish, I want reasonable property taxes.