30 Day FID Mandate

[son of sam 9]

I read on another post that the 30 days for FID card was mandated. I was under the impression that it was more of a promise rather than something in writing that the PD would process our FID applications and return them. Can someone post a link to the mandate or explain this to me a little more clear? 6/12 will be 60 days I have been waiting for a change of address from Buena PD.

[glockamole 0]

30 was mandatory but in some lawsuit it was ruled they don't have to stick to it so they won't have to rush and concluded their investigation. This has been how they make you wait without sticking to the 30.

 

Sent from my Nexus 6 using Tapatalk

 

 

[Howard 538]

It's another case of activist courts making laws.  The legislature wrote the law that basically said they have 30 days to do their investigation and then they have to issue the permit.  The courts decided not to read the written law but decided on their own that the legislature never intended to force the state to issue someone a permit just because they ran out of time to do a complete investigation.  What BS.  In other states, I believe Utah is one of them, the issuing authority has a certain number of days and must issue within that time but if they later find adverse information they can then revoke after the fact.

[1LtCAP 4,267]

WHAT;'S THE STATUTE? IT'S NUMBER?

[glockamole 0]

It's another case of activist courts making laws. The legislature wrote the law that basically said they have 30 days to do their investigation and then they have to issue the permit. The courts decided not to read the written law but decided on their own that the legislature never intended to force the state to issue someone a permit just because they ran out of time to do a complete investigation. What BS. In other states, I believe Utah is one of them, the issuing authority has a certain number of days and must issue within that time but if they later find adverse information they can then revoke after the fact.

Yup Utah has a set amount of days and by their laws have to issue your carry permit. Even if its not done you get it and they can revoke it. Mine came with a letter saying that. I think nj carry permit law is written the same way but we wouldn't know if they follow that since we can't even get one....

 

Sent from my Nexus 6 using Tapatalk

 

 

[glockamole 0]

WHAT;'S THE STATUTE? IT'S NUMBER?

I believe it's 2c:58-3f

 

Sent from my Nexus 6 using Tapatalk

 

 

[son of sam 9]

The number I found is nj statute 2C:58-3(f), but I cant find the specific text limiting time to 30 days.

[Smokin .50 1,907]

I'm pretty sure that what you're looking for is contained in the works that Vlad did and pinned.

[Pizza Bob 1,488]

2C;58-3,f

 

Granting of permit or identification card; fee; term; renewal; revocation.  The application for the permit to purchase a handgun together with a fee of $2, or the application for the firearms purchaser identification card together with a fee of $5, shall be delivered or forwarded to the licensing authority who shall investigate the same and, unless good cause for the denial thereof appears, shall grant the permit or the identification card, or both, if application has been made therefor, within 30 days from the date of receipt of the application for residents of this State and within 45 days for nonresident applicants.  A permit to purchase a handgun shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days.  A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10. Any firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after hearing upon notice, upon a finding that the holder thereof no longer qualifies for the issuance of such permit. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to such court at any time for the revocation of such card.

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.

 

Adler v Livak determined that in NJ, 30 days doesn't necessarily mean 30 days - much to Carol Bowne's detriment.

 

Adios,

 

Pizza Bob

[glockamole 0]

The number I found is nj statute 2C:58-3(f), but I cant find the specific text limiting time to 30 days.

Right in F states

 

unless good cause for the denial thereof appears, shall grant the permit or the identification card, or both, if application has been made therefor, within 30 days from the date of receipt of the application for residents of this State and within 45 days for nonresident applicants. 

 

Sent from my Nexus 6 using Tapatalk

 

 

[1LtCAP 4,267]

Yup Utah has a set amount of days and by their laws have to issue your carry permit. Even if its not done you get it and they can revoke it. Mine came with a letter saying that. I think nj carry permit law is written the same way but we wouldn't know if they follow that since we can't even get one....

 

Sent from my Nexus 6 using Tapatalk

i had my utah non-resident permit in less than a month.......

[1LtCAP 4,267]

2C;58-3,f

 

Granting of permit or identification card; fee; term; renewal; revocation.  The application for the permit to purchase a handgun together with a fee of $2, or the application for the firearms purchaser identification card together with a fee of $5, shall be delivered or forwarded to the licensing authority who shall investigate the same and, unless good cause for the denial thereof appears, shall grant the permit or the identification card, or both, if application has been made therefor, within 30 days from the date of receipt of the application for residents of this State and within 45 days for nonresident applicants.  A permit to purchase a handgun shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days.  A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10. Any firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after hearing upon notice, upon a finding that the holder thereof no longer qualifies for the issuance of such permit. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to such court at any time for the revocation of such card.

 

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.

 

Adler v Livak determined that in NJ, 30 days doesn't necessarily mean 30 days - much to Carol Bowne's detriment.

 

Adios,

 

Pizza Bob

rather than pictures of her, and calling sweeny names, that statute line should've been on those signs.

[glockamole 0]

i had my utah non-resident permit in less than a month.......

Nice! I just read they have to issue within 60 days. I believe mine got to me in about 45.

 

Sent from my Nexus 6 using Tapatalk

 

 

[Kevin125 4,772]

The way the judge(s) ruled was to say that ...."these are public safety laws and in their opinion, the public safety would not be served if a permit was granted before all pertinent information was received. And therefore, the only action would be to deny the permit on day 30.... But that would not be fair to the applicant.. so the PD gets an unlimited amount of time and we, the judges and the state will call this.. doing YOU.. the prospective gun owner.. a big favor by not forcing PDs to deny you're permit.   And yes, please bow down and thank us."

 

Which we all know is about as twisted an argument you can make after reading an understanding this law.  "If the law doesn't say what we want it to say... we'll tell you what it means, despite what it actually says."

 

But we all know it's not taking more than 30 days because the SBI and FBI checks are taking too long.  It's because the PDs are sitting on the process and not handling it with any sort of urgency.  They have a responsibility to be prompt with these applications.  They are slow walking them.  That's what needs to be proven if it's important to fix this particular problem. 

[Kevin125 4,772]

i had my utah non-resident permit in less than a month.......

 

Can I ask why you applied for a non-res Utah permit?  I feel like I'm missing something.  Someone we know have a cave there we can keep "stuff" in ??? 

 

Seriously though. Is there a benefit of some kind.  Thnx

[Smokin .50 1,907]

rather than pictures of her, and calling sweeny names, that statute line should've been on those signs.

^^^^Actually you're DEAD WRONG!

 

Signs have a 3-second life span.  A car slows-down to 20 mph to read a sign, so how is one supposed to read War and Peace?

 

Giving a FACE to new legislation is the absolute BEST way to get something done.  I hope we get Carol's Law as soon as the legislators get back from summer break.  In the meantime, keep the heat ON!

[glockamole 0]

Can I ask why you applied for a non-res Utah permit? I feel like I'm missing something. Someone we know have a cave there we can keep "stuff" in ???

 

Seriously though. Is there a benefit of some kind. Thnx

It's a conceal carry permit. Good to conceal carry in over 30 or so states. I go to Delaware often and cc there with my Utah permit. It's also good in Virginia, west Virginia and North Carolina to name a few. Then you also get car carry in PA and not stuck to the to and from restrictions. Just need to open carry once out of your car and stay out of Philly.

 

Sent from my Nexus 6 using Tapatalk

 

 

[1LtCAP 4,267]

^^^^Actually you're DEAD WRONG!

 

Signs have a 3-second life span.  A car slows-down to 20 mph to read a sign, so how is one supposed to read War and Peace?

 

Giving a FACE to new legislation is the absolute BEST way to get something done.  I hope we get Carol's Law as soon as the legislators get back from summer break.  In the meantime, keep the heat ON!

GOOD point, i stand corrected!!

[1LtCAP 4,267]

It's a conceal carry permit. Good to conceal carry in over 30 or so states. I go to Delaware often and cc there with my Utah permit. It's also good in Virginia, west Virginia and North Carolina to name a few. Then you also get car carry in PA and not stuck to the to and from restrictions. Just need to open carry once out of your car and stay out of Philly.

 

Sent from my Nexus 6 using Tapatalk

utah non-resident is no good in pa anymore.

[Kevin125 4,772]

It's a conceal carry permit. Good to conceal carry in over 30 or so states. I go to Delaware often and cc there with my Utah permit. It's also good in Virginia, west Virginia and North Carolina to name a few. Then you also get car carry in PA and not stuck to the to and from restrictions. Just need to open carry once out of your car and stay out of Philly.

 

Sent from my Nexus 6 using Tapatalk

Ahh. Ok, thanks.

 

But doesn't help in PA any longer. Bummer.

 

Required a trip to Utah i presume? I might actually be there for the motocross outdoor national.

[glockamole 0]

That's why I said car carry. You need a permit issued by any state to carry a loaded firearm in your car in PA. So its still worth something in PA. Without it it would technically be illegal to take a handgun into PA unless to a range and then right back.

 

Sent from my Nexus 6 using Tapatalk

 

 

[Kevin125 4,772]

That's why I said car carry. You need a permit issued by any state to carry a loaded firearm in your car in PA. So its still worth something in PA. Without it it would technically be illegal to take a handgun into PA unless to a range and then right back.Sent from my Nexus 6 using Tapatalk

So no Philly..(ironically where you'd want it) and no conceal carry. But can car and open carry. Helps....

[glockamole 0]

utah non-resident is no good in pa anymore.

Ahh. Ok, thanks.

 

But doesn't help in PA any longer. Bummer.

 

Required a trip to Utah i presume? I might actually be there for the motocross outdoor national.

No can take the class in nj. It's a 4 hour course. No live fire. Lots of local places will hold them. Still good for carry in your car in pa.

 

Sent from my Nexus 6 using Tapatalk

 

 

[glockamole 0]

So no Philly..(ironically where you'd want it) and no conceal carry. But can car and open carry. Helps....

Yeah stay out of Philly lol. If you wanted to go shopping in PA outside of Philly then you could take your handgun in PA. Park and strap up and get back in the car. Drive to where you wanted to go and then open carry there as long as its allowed. Without a permit from any other state technically it would be illegal to drive around PA with a handgun in your trunk.

 

Sent from my Nexus 6 using Tapatalk