30 day limt on processing P2P

[MeanderingCuban 8]

Folks,

 

Can someone point me to the law which states that a PD has up to 30 days to process the FID and / or P2P applications and give you an answer?

[mipafox 438]

I don't have the cite, but if it goes over 30 days they'll have to answer to the Tooth Fairy.

[Vzguy 13]

http://www.judiciary.state.nj.us/legis/2003c73.pdf

 

It's on page 3. Paragraph f

[Pizza Bob 1,488]

I suggest that you do a search on this. The 30 day constraint is worthless.

[45Doll 5,877]

And notice that it says 'within 30 days from the date of receipt of the application'. Not 30 days from when we feel like it, or 30 days after we start a background check, or within 30 days after the Chief comes back from vacation.

 

We all know our state Supreme Court decides which laws they want to enforce, and which ones they don't, and which ones they'll just ignore for their convenience. (Think Toricelli, and 'within 30 days of the election') And they've already decided they're not going to force all the PDs to comply.

 

My wife is currently in week 23 waiting on the NJSP for her permits. I'm going to contact a few pertinent people and see if we can't do something about this in 2014.

 

Other than bitch informally.

[djg0770 481]

My wife is currently in week 23 waiting on the NJSP for her permits. I'm going to contact a few pertinent people and see if we can't do something about this in 2014.

 

That's ABSURD.

[Pizza Bob 1,488]

As I said, this is an oft visited topic - please see my post (#11) in the following thread for the definitive reasoning and court case on the 30 day constraint...

 

http://njgunforums.com/forum/index.php/topic/61881-exact-statute-that-requires-30-day-turnaround-for-fidpermits/?hl=%26quot%3B30+days%26quot%3B#entry790688

 

Adios,

 

Pizza Bob

[plode 0]

That's ABSURD.

 

No, it's right about on par for NJSP.  

[glockncolts 50]

I just got mine last week from franklin twp and the date of issue on permit was dated nov 15th. I got 3 permits so i already have to get an extension!

[45Doll 5,877]

Bob has pointed (again) to all the right info. Notice one thing the court said in its decision:

 

"Undoubtedly, the statutory deadline was prompted by a desire to avoid dilatory consideration of the application. But the consequences of automatic approval of a permit at the expiration of the thirty day period would be visited on the public for whose protection the statute was enacted."

 

The court admitted the statute was written to prevent police authorities from taking their sweet time with approvals. And then obviates the statutes intent by presuming terrible consequences if they can't get approvals done on time. And then throws the whole requirement out, effectively saying 'OK take your sweet time'.

 

Dilatory consideration is what many of us are now subject to. This is not right and should be addressed.

 

And by the way, on December 9th my wife sent a letter to the Firearms Unit inquiring on the reason for the EXTRA delay (23 weeks on her permits as compared to a friend's delay of 12 on the same path), and as of today has received no acknowledgement or answer.

[plode 0]

Bob has pointed (again) to all the right info. Notice one thing the court said in its decision:

 

"Undoubtedly, the statutory deadline was prompted by a desire to avoid dilatory consideration of the application. But the consequences of automatic approval of a permit at the expiration of the thirty day period would be visited on the public for whose protection the statute was enacted."

 

The court admitted the statute was written to prevent police authorities from taking their sweet time with approvals. And then obviates the statutes intent by presuming terrible consequences if they can't get approvals done on time. And then throws the whole requirement out, effectively saying 'OK take your sweet time'.

 

Dilatory consideration is what many of us are now subject to. This is not right and should be addressed.

 

And by the way, on December 9th my wife sent a letter to the Firearms Unit inquiring on the reason for the EXTRA delay (23 weeks on her permits as compared to a friend's delay of 12 on the same path), and as of today has received no acknowledgement or answer.

 

Send a letter to their "Office of Professional Standards".  This is the internal affairs department of NJSP.  Be sure to mention in the letter that you sent one to the Firearms Unit and never received a response. They(an investigator from internal affairs) will likely call you within a day or two of receiving your letter. 

[45Doll 5,877]

Thanx Plode; that's exactly what we're contemplating.

 

I have solicited opinions from two people who I consider 'informed' and am waiting for their view on this course of action.

 

Thinking ahead, if filing an official complaint is constructive and/or productive, shouldn't everyone with a delay over (pick a number) days file one?