maintenanceguy

This was the basis for one of my submitted comments. Until the local PD's and NJSP comply with the 30 day statutory FID processing time, it leaves citizens with a period of time when they can't exercise their constitutionally enumerated right to bear (transport) arms.

Since it's not possible to directly link to the final document, I cut and pasted the response to the public comments here: http://themaintenanceguy.com/gfimages/Response-to-public-comments-readoption-njac-54.txt Over a thousand people submitted comments. They only responded in general terms to the comments that prompted them to make amendments to the proposed amendments. The extra paperwork one is one of the ones that they re-wrote the re-write. They said: N.J.A.C. 13:54-1.17 COMMENT: This proposed new rule by the Superintendent is a blatant attempt to subvert the statutory law and the Courts, which have ruled contrary to the Superintendent's new rule to allow issuing agencies to create their own additional forms or request additional information. N.J.S.A. 2C:58-3.f says "There shall be no conditions or requirements added to the form or content of the application, 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." Thus, this new rule is not only unauthorized by statute, but it is directly prohibited by statute. It is therefore ultra vires and unlawful. RESPONSE: The Division is not proposing in this new rule to allow new forms to be created or make additions to existing forms. The proposed new rule clearly states that all applications and/or forms "shall be promulgated by the Superintendent." The added language allowing the issuing agencies to request additional information was intended to allow for a thorough investigation to determine if the applicant is subjected to any disabilities established in N.J.S.A. 2C:58-3.c. The Division is [page=1299] proposing a substantive change to add language to the new rule to clarify that "additional information" is strictly limited to information contained on the forms and applications promulgated by the Superintendent, and the issuing agency may only ask follow-up questions to clarify and or verify information contained on the forms.

The latest version of NJSA has been readopted with some of the changes they threatened to make. http://www.lexisnexis.com/hottopics/njcode/ CHAPTER SOURCE AND EFFECTIVE DATE: R.2015 d.094, effective May 12, 2015. See: 46 N.J.R. 2393(a), 47 N.J.R. 1328(a). CHAPTER EXPIRATION DATE: Chapter 54, Firearms and Weapons, expires on May 12, 2022. So far, They did not change the definition of "assault weapon" for shotguns. The proposed law would have made any shotgun with a detachable magazine illegal. That didn't happen. Justifiable need is the same - thanks Christie! FID cards are now void 30 days after you change your name, address, or sex. If the PD's issued FIDs within the required 30 days this would not be a problem but since they don't, move and you're left without the FID's protection. I haven't had a chance to look at the rest of the proposed changes.

NJSA 2C:36-6e. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm... I guess the question is: Does a storage locker count as "premises"?

Can you OPRA 911 tapes? I wonder if his the conversation with the dispatcher would support his bully image.

2C:58-4 is about the first step in applying for a permit to CARRY a handgun. If the local PD takes too long to approve or deny the application, it's considered approved by the local PD but that's just step 1. If the local PD takes too long, it goes onto step 2 - which is where the judge denies it. If you are approved by the local PD, it goes to step 2 - where the judge denies it. If you are denied by the local PD, you file an appeal and it goes to step 2 - where the judge denies it. It does not matter at all what the local PD does. IT always ends up at step 2.......where the judge denies it.

I'm sure it was a bat I hit one night at 60mph. I never saw it but it must have been a bat because bricks don't fly.

I've had the same thing happen to me a couple of times. Both with my 10/22 which has successfully fired tens of thousands of rounds over 30 years. You inspected the gun. I would not sweat it. If I was shooting .45's and had a blow out like this I might be more concerned.

If doing large areas with long, straight joints, they are good to have - think corridors in a commercial building. But it takes several joints to get the settings right. For a small project, it's not worth the clean up time. I have one but the gas to get here would cost you more than renting one locally for sure.

I've wondered what deal Anthony Mauro made with Sweeney when he supported Sweeney after he flipped to anti-gun. Is Director of Fish and Wildlife a position appointed by the Governor?

Our Government makes the actual list impossible to link too by making the address change everytime a new person looks at the list. Wonder why? But in you got here, and choose "Department of Justice" from the list, you can see the AFT Unified Agenda items.

I'm not doing it. I realize there are risks but I'm not worrying myself over the nuance of the law to the point that I'm scared to do what makes sense. In 30 years of driving, I've been pulled over 3 times and never had anyone request to search. I suspect I can make it the rest of my life without that happening. I'm not suggesting that I'll carry my AR strapped on my back to Walmart but for me, there is a point where I refuse to curtail common sense any more.

Not exactly. in my post here: I list the different parts of the law out of order. The law actually says: You can't possess a firearm - unless it's a shotgun and rifle and you have an FID. later it lists the exemptions to that rule (it's okay to transport without an FID between home, range, gun shop, place of business, land owned by you, etc.).

It used to be fairly common, at least in South Jersey, for the dealer to wrap your handgun in butcher's paper like a steak and tie it with string to make it a securely tied package. I've transported in the original factory cardboard box closed and fastened with a piece of scotch tape on the floor of the passenger's seat. "shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported"

The instructor was wrong on many points. http://njgunforums.com/forum/index.php/topic/76747-got-my-first-3-firearms/?view=findpost&p=973864

The Unofficial Transport Rules (not official until you talk to a lawyer) In NJ, it's illegal to possess or carry a firearm unless you're doing so under one of the exemptions. NJSA 2C:39-6 sections e and f lists the exemptions to the rule above. This section tells you when you can transport and it applies to handguns, rifles, and shotguns. It is legal to transport handguns, rifles, and shotguns: Between a gun shop and you home or business, between your home and business, between your home or business and a gunsmith or between residences if you are moving. To a rifle range if you’re a member and the range has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent To hunt with a valid hunting license To or from any exhibition or display of firearms (there is a list of organizations that can host) as long as the superintendent has been notified of the event at least 30 days prior But you must transport in the manner described in section g. "All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.” Exception to the Exception? If you have an FID, you can transport rifles and shotguns (not handguns) anywhere (except for schools, public buildings, etc.) if you're doing so cased and unloaded as required in g above. So with an FID, you can keep a trunk gun but you can't go to some specific places. I know lots of farmers who keep a shotgun in a gun sock behind the pickup truck seat all the time. Legal with an FID. NJSA 2C:39-5.c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree. One more odd transport rule. I'm not really sure how the courts would interpret this. 2C:39-6 (f) Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent: (1) A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section; I've wondered if that means that If I join a club, it's now legal to transport to my friend's farm to target shoot (a place of target practice). If so, clubs should offer $50 memberships that don't include range time. I'd join one.

Don't EVER see this in NJ. The best part happens around 2:50. This is how it should be. https://www.youtube.com/watch?v=X6aVw-BNpXM#t=182

NJ's justifiable need is mentioned in the instructions for the DC carry permit application. It says that DC modeled their new law after similar laws in other states and specifically mentions "justifiable need" in NJ. It uses this as proof that the law in DC is therefore constitutional.

in line with the right to bear arms except for the part where a permit is required.

This is good but I'd feel better if it was a different judge than the one who made the first ruling. Right now, it's still just one judge's opinion. After Piszcatowski was shot down, Peruta is about to be overturned, and SCOTUS denied hearing either, I'm not optimistic about winning in federal court.

The courts, including the Supreme Court have shown that they're willing, maybe even eager, to ignore what the constitution says in favor of what they wish it said. Letting a felon sell his guns isn't scary. Letting regular people exercise their right to bear arms scares some people - probably some Supreme Court Justices.

Cased and unloaded in NJ. Locked in trunk or other lock box and separate from ammo in NY for FOPA to apply.

To the OP's question about whether "justifiable need expired". We should know on Monday. The administrative code gets re-adopted every 7 years. It expired on May 12th. The proposed changes were posted a couple of months ago and there was a 60 public comment period that ended on February 13th. Notices of re-adoption are published in the NJ Register every 2 weeks. It was not in May 4th edition. It may have been readopted in the last 2 weeks. We will know on Monday when the new edition comes out.

There are two parts to the law. The Statute, passed by the legislature, says you need "justifiable need". The Administrative Code, written by NJ's various departments defines "justifiable need". The Admin. Code is supposed to be the procedures that the different agencies and departments will follow to comply with the statute. In 1971, Siccardi sued NJ because they said he didn't have "justifiable need". The judge said that NJ's requirement for justifiable need was valid because (1) The second amendment protects a collective right of the states to have militias, not an individual right to bear arms. and (2) The 2nd amendment doesn't apply to the states anyway. It only applies to the federal government. So NJ can continue to infringe on the right. The judge also came up with a silly definition that basically said you had to be dead to have justifiable need. Siccardi lost. in 1991, the Dept. of Law and Public Safety adopted the judge's silly definition into the administrative code. Since the supreme court had never ruled on whether it is an individual right or on whether it applied to the states, maybe NJ had a legitimate legal argument. In 2008, SCOTUS ruled in Heller that the second amendment protects an individual right. in 2010, SCOTUS ruled in McDonald that the second amendment applies to to the states So, NJ's definition of justifiable need is no longer legally valid. In fact, in Heller SCOTUS said that the second amendment "guarantee the individual right to possess and carry weapons in case of confrontation” and that “central to” this right is “the inherent right of self-defense”. The NJ Statute gives the governor the authority to alter the administrative code and he is obligated to make sure that his departments are in compliance with the law. Currently the law, as established by the US Supreme Court, says that the individual has the right to possess and carry weapons for self defense in case of confrontation. So yes,the governor can change the administrative code and, in my opinion, is in violation of the law if he does not. That doesn't mean the courts would go along since the rule of law does not apply in NJ courts.

Public servants who violate a civil right should face criminal prosecution. Unfortunately, it's the fox guarding the hen's civil rights.