Jump to content
Nu2gunz

Applying for FID in Cherry Hill, NJ

Recommended Posts

Hello everyone, 

 

This is my first "real" post here and I'm looking up all the ins and outs of applying for an FID card in Cherry Hill, NJ. I noticed something strange. I know that there are only two forms I am required to fill out by law, but there is an additional form they are asking for. 

 

It's called a "CHPD Next of Kin Form" (CHPD Form #288) and according to what I've read, I'm not legally permitted to fill this form out. So can I just refuse to fill it out and if they give me a hard time about call the State Legislature? 

 

The other question is that I'm currently a legal resident alien, but it only asks if I am a US Citizen on the form. I obviously have to put "No" on the form, but can they deny me the Card because of this. I've read that as long as I'm in this country legally, I can't be denied the right to get the FID card. Especially with no record or anything like that. 

 

Help!!! Thanks. 

Share this post


Link to post
Share on other sites

As I stated in your other thread - the "Next of Kin Form" is illegal and you are not required to fill it out. If they will not accept your application without it, tell them you will file an Official Misconduct complaint with the NJ AG's office.

 

You are correct, the only forms you are required to fill out are the Application (STS-033) and the mental health check (SP-066). You are also required to be fingerprinted and this is done by a private company. The PD will give you instructions on how to go about that.

 

There are others better qualified to answer your question about being a legal resident alien, but I don't think that is an impediment and should not result in any change to the FPID/P2P application process.

 

Adios,

 

Pizza Bob

Share this post


Link to post
Share on other sites

As I stated in your other thread - the "Next of Kin Form" is illegal and you are not required to fill it out. If they will not accept your application without it, tell them you will file an Official Misconduct complaint with the NJ AG's office.

 

You are correct, the only forms you are required to fill out are the Application (STS-033) and the mental health check (SP-066). You are also required to be fingerprinted and this is done by a private company. The PD will give you instructions on how to go about that.

 

There are others better qualified to answer your question about being a legal resident alien, but I don't think that is an impediment and should not result in any change to the FPID/P2P application process.

 

Adios,

 

Pizza Bob

Great! Thanks. 

 

I guess I was more concerned about how to go about "refusing" to fill it out and what I could say to get them to throw the paper out. 

Share this post


Link to post
Share on other sites

Cherry Hill has been that way for awhile. Personally I just completed it, although it is certainly illegal. I identified my wife, and they sent her a letter informing her of my intention to purchase a firearm, and her "right" to object to my firearm ownership, with some yes/no check boxes for her to indicate whether or not she wants to prevent the permits. Pathetic. The good news is Cherry Hill usually seems to abide by the 30 day limit, or close to it. Much better than some of the other townships you read about on here.

Share this post


Link to post
Share on other sites

I never would have filled that form out. Your wife has the right to object and/or disagree with you and kick your butt for owning a firearm. But what business is that of the Cherry Hill police department? Is it also her right according to Cherry Hill to let her object to you owning a car or kitchen knife set? Yes/no answers as to whether she wants to prevent the permits. I'd follow Pizza Bobs advice and contact the NJSP.

Share this post


Link to post
Share on other sites

I never would have filled that form out. Your wife has the right to object and/or disagree with you and kick your butt for owning a firearm. But what business is that of the Cherry Hill police department? Is it also her right according to Cherry Hill to let her object to you owning a car or kitchen knife set? Yes/no answers as to whether she wants to prevent the permits. I'd follow Pizza Bobs advice and contact the NJSP.

That form is sum bullshiet lol

Share this post


Link to post
Share on other sites

As I stated in your other thread - the "Next of Kin Form" is illegal and you are not required to fill it out. If they will not accept your application without it, tell them you will file an Official Misconduct complaint with the NJ AG's office.

 

You are correct, the only forms you are required to fill out are the Application (STS-033) and the mental health check (SP-066). You are also required to be fingerprinted and this is done by a private company. The PD will give you instructions on how to go about that.

 

There are others better qualified to answer your question about being a legal resident alien, but I don't think that is an impediment and should not result in any change to the FPID/P2P application process.

 

Adios,

 

Pizza Bob

i think morphotrak(or whatever they call themselves now) is on kings highway near the cherry hill library.

Share this post


Link to post
Share on other sites

ya know? i'm prolly gonna get myself in trouble with the admins.....but you cherry hill guys ever need any auto work......ima yer man! i think there's at least one guy on here that can vouch for me, along with dan roberts, and a couple others over on fb........

Share this post


Link to post
Share on other sites

Cherry Hill has been that way for awhile. Personally I just completed it, although it is certainly illegal. I identified my wife, and they sent her a letter informing her of my intention to purchase a firearm, and her "right" to object to my firearm ownership, with some yes/no check boxes for her to indicate whether or not she wants to prevent the permits. Pathetic. The good news is Cherry Hill usually seems to abide by the 30 day limit, or close to it. Much better than some of the other townships you read about on here.

 

My problem with this is that I don't feel the need to divulge any information without absolutely having to. If it's not legal for them to ask, it's certainly not illegal for me to refuse to tell them. If I run into this situation, I will certainly complain to who I need to complain to. 

Share this post


Link to post
Share on other sites

My wife and I went together to CHPD to apply for our FID change of address forms when we moved to CH.  They handed us the next of kin forms and I informed them that those forms were illegal.  The secretary told us, "these are our forms, not the state's.  If you don't fill them out, we don't process your application."  I was ready to start a fight, but my wife held me back.  The problem is that they can make your life hell and delay your paperwork as long as they want with no legal repercussion.  We figured this was a fight worth fighting at a later time, once we had our FIDs in hand and all the pistol permits that we currently needed.  We could always apply for "unneeded" pistol permits and then fight them on it since we wouldn't lose anything in the delay.  Apparently former Mayor Susan Bass Levin was the one who convinced the PD to include those forms. 

 

So here we were, husband and wife, right next to each other requesting our paperwork and they handed us the forms.  We told them that we were each other's closest relative cohabitants so there was no need for us to take those forms home.  She still insisted that we take them home, fill them out, and have them notarized.  It was ridiculous.  I called and argued with the main detective who is in charge of firearms and he told me the same thing about how this was pushed by the mayor and he had no control to accept packets without that form, even after I told him it was in violation of state law/statute.  I've pushed on NJ2AS to go after Cherry Hill and they keep telling me that they're going county by county, so it may be a while.

 

My fear is that when Camden County Police take over the entire county (sooner than we want to believe), they will be in charge of all the municipalities and permitting.  It'll probably be one guy with 3 hours per week of appointment time. 

Share this post


Link to post
Share on other sites

My wife and I went together to CHPD to apply for our FID change of address forms when we moved to CH.  They handed us the next of kin forms and I informed them that those forms were illegal.  The secretary told us, "these are our forms, not the state's.  If you don't fill them out, we don't process your application."  I was ready to start a fight, but my wife held me back.  The problem is that they can make your life hell and delay your paperwork as long as they want with no legal repercussion.  We figured this was a fight worth fighting at a later time, once we had our FIDs in hand and all the pistol permits that we currently needed.  We could always apply for "unneeded" pistol permits and then fight them on it since we wouldn't lose anything in the delay.  Apparently former Mayor Susan Bass Levin was the one who convinced the PD to include those forms. 

 

So here we were, husband and wife, right next to each other requesting our paperwork and they handed us the forms.  We told them that we were each other's closest relative cohabitants so there was no need for us to take those forms home.  She still insisted that we take them home, fill them out, and have them notarized.  It was ridiculous.  I called and argued with the main detective who is in charge of firearms and he told me the same thing about how this was pushed by the mayor and he had no control to accept packets without that form, even after I told him it was in violation of state law/statute.  I've pushed on NJ2AS to go after Cherry Hill and they keep telling me that they're going county by county, so it may be a while.

 

My fear is that when Camden County Police take over the entire county (sooner than we want to believe), they will be in charge of all the municipalities and permitting.  It'll probably be one guy with 3 hours per week of appointment time. 

 

Interesting. So the secretary refused to take in the app unless the illegal document was filled out?

 

I'm very patient and am in absolutely no rush as I have places I can shoot at in PA. If this happens to me, I will certainly take her name and make the appropriate phone calls. Not only is the form illegal (right?) but so is the breach in privacy that is against the law. I wouldn't mind getting a lawyer to write them a letter asking them why they require an illegal form either. From everything I've read, there are legal repercussions if they refuse to process the paperwork because of something the NJ Supreme Court ruled in our favor. 

Share this post


Link to post
Share on other sites

My wife and I went together to CHPD to apply for our FID change of address forms when we moved to CH.  They handed us the next of kin forms and I informed them that those forms were illegal.  The secretary told us, "these are our forms, not the state's.  If you don't fill them out, we don't process your application."....The problem is that they can make your life hell and delay your paperwork as long as they want with no legal repercussion.  

 

You are incorrect to think that there would be no legal repercussions for the CHPD for either requiring the extra documents or delaying or refusing the processing if you submit your application without the illegal documents. Those instances are the very definition of Official Misconduct.

 

2C:30-2.  Official Misconduct

 

A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:

 

a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or

 

b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

 

Official misconduct is a crime of the second degree. If the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of $200.00 or less, the offense of official misconduct is a crime of the third degree.

 
There has now been published case law and PD's statewide have been notified, so ignorance of the law is no excuse. Any violation is now considered being done "knowingly". The NJ AG is compelled to investigate any citizen complaint of Official Misconduct. Cherry Hill is in blatant disregard and somebody, with standing, needs to press the issue or it will just continue unabated.
 
Adios,
 
Pizza Bob
IANAL

Share this post


Link to post
Share on other sites

Pizza Bob, I didn't know any of this, but now I am willing to move forward to test it.  We aren't in need of any permits currently, so I have plenty of time to kill by doing this.  Who do I need to contact to arrange and coordinate this effort?  NJ2AS or ANJRPC?

Share this post


Link to post
Share on other sites

Pizza Bob, I didn't know any of this, but now I am willing to move forward to test it.  We aren't in need of any permits currently, so I have plenty of time to kill by doing this.  Who do I need to contact to arrange and coordinate this effort?  NJ2AS or ANJRPC?

 

I don't think that either organization will help you with an Official Misconduct complaint, but I could be wrong. ANJRPC has the Strikeforce program (I believe that's what it's called) which is an effort to get PD's to comply with the law - if not voluntarily then through legal redress, so it wouldn't hurt to contact them.

 

You as an individual, having been told what you outlined in your previous post, have standing. You can file an Official Misconduct complaint with the County Prosecutor (Camden County). Have your ducks in a row before you file. A recording or written documentation of refusal of service without complying with local (illegal) requirements, would go a long way in making your case. May never make it to court if the prosecutor steps in - you may be the squeaky wheel that gets greased. Would like to see it go all the way so it sets a precedent and others don't have to go through this BS.

 

Good luck.

 

Adios,

 

Pizza Bob

Share this post


Link to post
Share on other sites

I'll have to plan this one out as soon as I have a little free time.  I guess I'll have to prepare to be on CH's sh!tlist permanently, but someone has to take the plunge if ANJRPC and NJ2AS aren't going to do anything about it.  I'll try contacting them first to make sure they don't already have it on their radar before I go through all of this.

Share this post


Link to post
Share on other sites

Ok, guys - I hope to make it over there next week to request new forms.  I've tried the whole informing them that it's illegal thing, etc, and they just insist that it's their form and they won't process the application without it.  Please help me come up with a game plan so that I can execute this as efficiently as possible in my short time off next week.  Feel free to modify, but this is my first shot at it:

1. Request the PPP forms in person
2. Upon receiving the next-of-kin form, inform them that it is illegal and quote "All Police departments should be aware that N.J.S. 2C: 58-3.f states, in part, “There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter.”
3. Upon being told that "this is our form, that law does not apply", contact Camden County Prosecutor's Office and file a formal report?  I've never done this, so I'm looking for advice for how to proceed or what specifically to request.
4. Next step?  NJ2AS and ANJRPC were informed of this (and acknowledged it) several years ago and have not taken action.  I have US Law Shield.  Should I contact Nappen through it?  Or should I do that as step 3 before going to the prosecutor?

Anything else you guys recommend?  I'm a newbie to filing a legal complaint.

Share this post


Link to post
Share on other sites

The following link takes you to the Camden County Prosecutors Office. They outline the process to file a complaint (which ultimately gets monitored by the NJ AG):

https://camdencountypros.org/internal-affairs-complaints/

"To file an internal affairs complaint with the Special Prosecutions Unit, e-mail Angela Seixas at [email protected]"

Share this post


Link to post
Share on other sites
7 hours ago, kwadz said:

Ok, guys - I hope to make it over there next week to request new forms.  I've tried the whole informing them that it's illegal thing, etc, and they just insist that it's their form and they won't process the application without it.  Please help me come up with a game plan so that I can execute this as efficiently as possible in my short time off next week.  Feel free to modify, but this is my first shot at it:

1. Request the PPP forms in person
2. Upon receiving the next-of-kin form, inform them that it is illegal and quote "All Police departments should be aware that N.J.S. 2C: 58-3.f states, in part, “There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter.”
3. Upon being told that "this is our form, that law does not apply", contact Camden County Prosecutor's Office and file a formal report?  I've never done this, so I'm looking for advice for how to proceed or what specifically to request.
4. Next step?  NJ2AS and ANJRPC were informed of this (and acknowledged it) several years ago and have not taken action.  I have US Law Shield.  Should I contact Nappen through it?  Or should I do that as step 3 before going to the prosecutor?

Anything else you guys recommend?  I'm a newbie to filing a legal complaint.

Complaints can be lodged anonymously if you choose to.

If I were you,

* Request the PD put their policy in writing. If the list of prescribed forms is on their website, PRINT the website page, highlight the illegal portion. Be sure to highlight any words that "imposes" such as "must", "should" etc.

* Print / Make Copy of the relevant NJ statue and AG Directive if any

* Hand deliver two copies of the relevant NJ statue and AD directive if any. Note down date & time of delivery. 

 

Then,

* Think through cover letter, spend some time on it. Make it professional looking, serious but do not hold back. 

* Be clear in how the practice in question violates NJ law and your individual rights 

* Decide if you want to file anonymously or not.

* Note down names of PD contacts, who you spoke to, when etc. Include name and designation in to the cover letter / complaint

* At the end of cover letter / complaint, indicate who else got a copy of this complaint (see below)

 

1. Original to County IA

2. Copy to NJ AG

3. Copy to NJ Gov Office

4. Copy to PD Chief

5. Copy to Mayor 

 

  • Like 2

Share this post


Link to post
Share on other sites
42 minutes ago, jackandjill said:

Complaints can be lodged anonymously if you choose to.

If I were you,

* Request the PD put their policy in writing. If the list of prescribed forms is on their website, PRINT the website page, highlight the illegal portion. Be sure to highlight any words that "imposes" such as "must", "should" etc.

* Print / Make Copy of the relevant NJ statue and AG Directive if any

* Hand deliver two copies of the relevant NJ statue and AD directive if any. Note down date & time of delivery. 

 

Then,

* Think through cover letter, spend some time on it. Make it professional looking, serious but do not hold back. 

* Be clear in how the practice in question violates NJ law and your individual rights 

* Decide if you want to file anonymously or not.

* Note down names of PD contacts, who you spoke to, when etc. Include name and designation in to the cover letter / complaint

* At the end of cover letter / complaint, indicate who else got a copy of this complaint (see below)

 

1. Original to County IA

2. Copy to NJ AG

3. Copy to NJ Gov Office

4. Copy to PD Chief

5. Copy to Mayor 

 

Anonymously sounds good.  That I did not know.  Thank you for this advice.  I may follow it to a T.  Regarding the very first bullet in your post, check this out: https://www.cherryhill-nj.com/DocumentCenter/View/3413

Page 2,

Quote

Firearms Application Packet

State of New Jersey Firearms Application (STS 033)

State of New Jersey Mental Health Consent Form (SP-66): Complete only Part One on

Mental Health forms, but do not sign it. It needs to be signed in front of an Officer or a records

clerk at the time of your submission)

CHPD Next of Kin Form (CHPD Form#288)

Criminal History Request Form (SBI 212A) Complete this request on the NJ State Police

Website which includes a credit card or electronic check payment of $20.00.

CHPD Request for Criminal History Record Instructions (CHPD Form #363)

CHPD Firearms Application Instructions (CHPD Form#285A)

And, of course, page 3 is the illegal form itself.  It's all there in plain sight and in writing on the official Township website.  I may not have to make any trip to the PD and may be able to do all that you suggested from the comfort of my house.  In fact, it would be great to get others on this, too.  Imagine slamming the prosecutor's office with 25, 50, 75 anonymous complaints about this.  Although, as you suggested, I do need to hand deliver copies of the statute and directive.  But, wouldn't an email copy be even better if I can solicit a response from them, acknowledging receipt?

  • Like 1

Share this post


Link to post
Share on other sites
1 minute ago, kwadz said:

Anonymously sounds good.  That I did not know.  Thank you for this advice.  I may follow it to a T.  Regarding the very first bullet in your post, check this out: https://www.cherryhill-nj.com/DocumentCenter/View/3413

Page 2,

And, of course, page 3 is the illegal form itself.  It's all there in plain sight and in writing on the official Township website.  I may not have to make any trip to the PD and may be able to do all that you suggested from the comfort of my house.  In fact, it would be great to get others on this, too.  Imagine slamming the prosecutor's office with 25, 50, 75 anonymous complaints about this.  Although, as you suggested, I do need to hand deliver copies of the statute and directive.  But, wouldn't an email copy be even better if I can solicit a response from them, acknowledging receipt?

Certified mail 

Share this post


Link to post
Share on other sites
3 hours ago, kwadz said:

Anonymously sounds good.  That I did not know.  Thank you for this advice.  I may follow it to a T.  Regarding the very first bullet in your post, check this out: https://www.cherryhill-nj.com/DocumentCenter/View/3413

Page 2,

And, of course, page 3 is the illegal form itself.  It's all there in plain sight and in writing on the official Township website.  I may not have to make any trip to the PD and may be able to do all that you suggested from the comfort of my house.  In fact, it would be great to get others on this, too.  Imagine slamming the prosecutor's office with 25, 50, 75 anonymous complaints about this.  Although, as you suggested, I do need to hand deliver copies of the statute and directive.  But, wouldn't an email copy be even better if I can solicit a response from them, acknowledging receipt?

If you mind, post the letter here or PM me and I will be more than happy to send my copies in. I got bunch of First Class stamps waiting.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...