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Chickenfly

2 NICS approved within a week. Can I picked up 2nd handgun?

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The handgun i ordered online arrived at one FFL last week, and I immediately went to the FFL and submitted 1st NICS. Later the week, the 2nd handgun ordered at another gun shop arrived as well. Because I didn't know that I have to wait for 30 days to even file the 2nd NICS, i went to the store and submitted the 2nd NICS. 

Now, both NICS are approved and I picked up the 1st gun. The store that has my 2nd gun told me that i can pick up my gun as well because my 2nd NICS is also approved. Can I?

 

 

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A NICS approval is good for 30 days.

I suspect that one of your FFLs entered your NICS as a long gun, instead of a handgun.

Just to be safe, I would plan to pick up handgun 2 after 31days has passed from date of transfer of handgun 1, but before the 30 day NICS expiration. It sounds like you only have a couple days to work with.

The worst outcome is you wind up paying for a 2nd $15 NICS and waiting for the approval on gun #2.

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2 hours ago, Chickenfly said:

both handguns. I edited the op.

If it submitted as two handguns you would have gotten denied on the second and a call from the state police....

 

DO NOT UNDER ANY CIRCUMSTANCES  TAKE POSESSION OF THE SECOND HANDGUN AT ALL.....until this is cleared up

 

at least i wouldnt....

 

You need to see if the second ffl actually filed as a HG in lieu of LG....  if LG  eat it and wait....have him file the second nics check for HG after 31days since the last.

 

 

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2 hours ago, USRifle30Cal said:

If it submitted as two handguns you would have gotten denied on the second and a call from the state police....

 

DO NOT UNDER ANY CIRCUMSTANCES  TAKE POSESSION OF THE SECOND HANDGUN AT ALL.....until this is cleared up

 

at least i wouldnt....

 

You need to see if the second ffl actually filed as a HG in lieu of LG....  if LG  eat it and wait....have him file the second nics check for HG after 31days since the last.

 

 

Sure. I will not pick it up in 30 days.

When the local FFL filed the NICS for the 1st gun, my pistol purchase permit was taken and dated. When I picked the 1st pistol, 1 copy of the permit was returned and the date of transfer is the date when the NICS was submitted.

A few days later, when the local gun store with my 2nd gun filed the NICS ( or at least took my information), they didn't ask for the other purchase permit. They even said the permit was not needed until I pick up the gun.

Is this why 2nd NICS was 'approved', at least I was told it's approved? 

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Your first dealer did it wrong. The date of the transfer was the date you took it home, which goes on the permit.

AFAIK, the NJ FIU counts the 30 days from the first submitted permit copy til the new NICS check. Your second NICS should've been denied.

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9 hours ago, Chickenfly said:

Sure. I will not pick it up in 30 days.

When the local FFL filed the NICS for the 1st gun, my pistol purchase permit was taken and dated. When I picked the 1st pistol, 1 copy of the permit was returned and the date of transfer is the date when the NICS was submitted.

A few days later, when the local gun store with my 2nd gun filed the NICS ( or at least took my information), they didn't ask for the other purchase permit. They even said the permit was not needed until I pick up the gun.

Is this why 2nd NICS was 'approved', at least I was told it's approved? 

NJ would see the second handgun nics...and would have denied, flagged it for follow up...with you and the dealer.

 

You NEED to get the second dealer to qualify what they submitted to NICS....and if they did a long gun  great no issues....  tell them to NOT resubmit for a HG...or you WILL get the call or visit.

 

Don't panic...just be smart...do t look to game the system or you will get screwed.

 

 

Waaaaaayyy  back when i had this happen over a feb to march...  feb 28days...  i understood it to be month to month not days...

 

I got the call...  weird but all in all ok....staties weren't shitheads abt it   

 

Ps ...how did you not know abt the nj one gun a month 31 day etc...hg bullcrap

 

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OK - Here is your best case senerio:

Take the date you picked up the fist HG (Dealer A)

Ask Dealer B what the date was that your second NICs was approved?

IF you can squeeze 30 days in between A&B you can p/u the 2ng HG on the 30 th day (NICs is good for 30 days)

IF (and most likely) not able to get 30 days between them, the 2nd dealer (Dealer B) will need to run another NICs check on you and you will be charged for the second check.

I will say that BOTH dealers should have asked you if you have purchased a HG in the past 30 days. Dealer B will most likely blame you, but ultimately it is/was his responsibility to ensure you hadn't purchased a HG withing 30 days prior to his Nics going in............

 

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3 minutes ago, PK90 said:

IMHO, the responsiblity falls upon the purchaser. The dealer has no way of knowing what or when the customer bought prior.

True, but a dealer should ask when dealing wit ha new customer because the newbies  don't always know the law. 

It's the professional thing to do - jmo

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1 hour ago, JT Custom Guns said:

OK - Here is your best case senerio:

Take the date you picked up the fist HG (Dealer A)

Ask Dealer B what the date was that your second NICs was approved?

IF you can squeeze 30 days in between A&B you can p/u the 2ng HG on the 30 th day (NICs is good for 30 days)

IF (and most likely) not able to get 30 days between them, the 2nd dealer (Dealer B) will need to run another NICs check on you and you will be charged for the second check.

I will say that BOTH dealers should have asked you if you have purchased a HG in the past 30 days. Dealer B will most likely blame you, but ultimately it is/was his responsibility to ensure you hadn't purchased a HG withing 30 days prior to his Nics going in............

 

Called the 2nd dealer who told me again the 2nd NICS was cleared, but could not give me exact date over the phone. I told them 2 NICS situation. They said they would contact NICS center and ask them to 'delay' or 'nullify' the 2nd NICS, and I might have to pay for another NICS later.

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8 hours ago, Chickenfly said:

Called the 2nd dealer who told me again the 2nd NICS was cleared, but could not give me exact date over the phone. I told them 2 NICS situation. They said they would contact NICS center and ask them to 'delay' or 'nullify' the 2nd NICS, and I might have to pay for another NICS later.

Paying for another nics is the least of ur potential problems...

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22 hours ago, Chickenfly said:

Called the 2nd dealer who told me again the 2nd NICS was cleared, but could not give me exact date over the phone. I told them 2 NICS situation. They said they would contact NICS center and ask them to 'delay' or 'nullify' the 2nd NICS, and I might have to pay for another NICS later.

I believe we still don't know if the 2nd dealer submitted the NICS check for a handgun, or a long gun. Do we?

 

13 hours ago, JT Custom Guns said:

He isn't going to have any problems as long as he doesn't actually get two HG's in the same 30 day time frame........

Right. Paperwork mistakes happen and can be corrected. But the actual transfers are what count.

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55 minutes ago, 45Doll said:

Right. Paperwork mistakes happen and can be corrected. But the actual transfers are what count.

I made an honest mistake once and my dealer was contacted immediately upon submitting for a second NICS check within the 30 day time frame. The NJSP threatened all kinds of dire consequences, but when I actually spoke to someone there, they just told me not to worry.

I was working under the misguided impression that a Multiple Purchase Exemption (MPE) was entirely outside the framework of OGAM. I used the MPE and a couple weeks later attempted a single purchase. Turns out that is a no-no.

For those that care or may have need to use a MPE, here is how they work: The MPE can be used at any time, regardless of when your last individual purchase was made. However, once the MPE is used it resets the 30 day clock. Subsequently I have made an individual purchase and then a day or two later used the MPE - then had to wait the requisite 30 days before my next purchase.

I have no idea how this individual has not been contacted and dressed down, it may just be that the NJSP are so swamped that they haven't had the time or manpower to follow-up.

Adios,

Pizza Bob

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On 8/15/2020 at 6:00 PM, Chickenfly said:

Because I didn't know that I have to wait for 30 days to even file the 2nd NICS, i went to the store and submitted the 2nd NICS. 

 

Tough love:

How the hell could you NOT know that you had to wait 30 days between pistol purchases??  That part of the law isn't new.

You're a gun owner so you have to know the gun laws.

Ignorance is never an excuse.

 

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1 minute ago, 124gr9mm said:

Tough love:

How the hell could you NOT know that you had to wait 30 days between pistol purchases??  That part of the law isn't new.

You're a gun owner so you have to know the gun laws.

Ignorance is never an excuse.

 

I know that i can not take possession of 2 handguns within 30 days, but do no know that i shall not do NICS within 30 days either

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Why?  You may want to buy a rifle within that period.  You don't have to wait 30 days to buy a rifle.  Ideally, you would buy them at the same time so that you can just pay the state their tyranny tax one time.  But, that most likely won't be possible if you get from different locations, etc.   The information is provided for NICS as to what type of item you are purchasing.

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On 8/16/2020 at 8:34 AM, USRifle30Cal said:

NJ would see the second handgun nics...and would have denied, flagged it for follow up...with you and the dealer.

 

You NEED to get the second dealer to qualify what they submitted to NICS....and if they did a long gun  great no issues....  tell them to NOT resubmit for a HG...or you WILL get the call or visit.

 

Don't panic...just be smart...do t look to game the system or you will get screwed.

 

 

Waaaaaayyy  back when i had this happen over a feb to march...  feb 28days...  i understood it to be month to month not days...

 

I got the call...  weird but all in all ok....staties weren't shitheads abt it   

 

Ps ...how did you not know abt the nj one gun a month 31 day etc...hg bullcrap

 

Yes, and they don't have to wait to pickup theirs.  

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Next time you want to pickup multiple handguns at the same time you need to get approval from the NJSP. Forms SP-015 and SP-016 if I remember correctly. I have done this several times in the past. No limit to how many you transfer at one time using this method.

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This entire thread is just another example of the price you pay for not building a relationship with a NJ Dealer and doing all the transfer processing thru him or her.  This entire thread wouldn't have been typed if that were the case...I get the fact that these days it's hard to find inventory, but c'mon! 

And Paul is right, SOME blame falls on Pink Card holder #2 for not clarifying with their NEW customer how many handguns are on layaway for this NEW customer all over the 21 counties of NJ & when he last took possession of a transfer.  It's like question #1 in my book right after "Do you have your p2P with you right now?"

~R

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