3 weeks..

Thanks for infos PK90 ... I was unable to return it to the NJ FFL, as the gun was purchased from Cabela's. In order to receive the swap for the SA XD, I had to go through Cabela's. Unfortunately, now I'll have to wait the additional 25 days. Patience is a virtue as they say ... I guess.

 

Thanks again everyone.

Thanks for infos PK90 ... I was unable to return it to the NJ FFL, as the gun was purchased from Cabela's. In order to receive the swap for the SA XD, I had to go through Cabela's. Unfortunately, now I'll have to wait the additional 25 days. Patience is a virtue as they say ... I guess.

 

Thanks again everyone.

 

 

So you have to wait 25 days before you can get the XD?

Jeremy,

 

I should know for sure by the end of today. My XD arrived at my FFL on Saturday or Monday, but being a holiday yesterday, he was unable to get an answer from the NJSP. He's going to call back today and try to explain the situation and find out if there are any steps that can be taken. Perhaps I can fax them the reacquire form that Cabela's uses to prove the handgun is no longer in my possession. My FFL seems to agree though that unfortunately, all signs seem to be pointing to me picking up my handgun on Feb 11, 2010 ... not happy about that at all.

 

Rich

The new 1 handgun/30day law is absurd. I work in NYC and every time I apply for permits I have to take time off work twice - dropping off the forms and picking up the permits. The records bureau only opens from 8:30 to 4:30 M-F and I am at work during that time.

 

I buy more than 1 to save on the transfer fees which is ridiculously high in NJ. The dealer I used to use charges $50 per gun + NICS fee. They used to cut me some slack but not anymore... makes no sense when I purchase several $100 surplus rifles and pay $50fee each + NICS! I now go to another FFL who charges me half of that for additional firearms in one shot. Still expensive.

 

With this new law, I can practically only purchase 2 handguns each time I go through the permit application process. Since the permits are only good for 90 days and I can really buy 3 IF I pick up the first gun on the day the permits are issued. Which is rarely the case since everything has to be timed perfectly and I have count on the local PD to notify me as soon as they approve the permits and stamp on the date.

 

I really hope Christie throws out this ridiculous law. Either that or throw out the need for handgun permits, which is redundant because of NICS check.

 

Did anyone here ever had their permits extended? Do you have to physically go to the PD twice? dropping off the permits and wait a few days to pick them up?

Did anyone here ever had their permits extended? Do you have to physically go to the PD twice? dropping off the permits and wait a few days to pick them up?

I had 3 extended in December. Dropped them off and waited for a call to pick them up. Took two days, but I'm just a couple of minutes from my PD, and the firearms officer is often working nights. No problem for me, but I can see how it could turn into an annoying inconvenience for others.

 

K

autoxnyc, at least you were able to apply for more than 1 permit. our dept is only granting 1 per application..

autoxnyc, at least you were able to apply for more than 1 permit. our dept is only granting 1 per application..

 

Wow, what if you get a defective gun and wanted to exchange for another? I really hope they get rid of this stupid restriction.

Wow, what if you get a defective gun and wanted to exchange for another?

If you go up a few posts, IronSides is dealing with a situation somewhat like that.

Hey All. Just checking back in with a progress report, or more accurately, lack thereof. My efforts to contact the NJSP Firearms division met with "... sounds like you have to wait the 30 days."

 

Well, I did some more checking and it turns out that I am not crazy. NJ S3104/A4361 is the ammendment known as "One Gun a Month". This ratifies "NJ Gun Rationing Law", which went into effect 01JAN2010, and limits NJ lawful gun purchasers to 1 hangun every 30 days. The documents for S3104/A4361 can be found here:

 

http://www.njleg.state.nj.us/2008/Bills ... 104_I1.PDF

 

and here is the Summary:

 

http://www.njleg.state.nj.us/2008/Bills ... 104_S2.PDF

 

These were passed via Assembly on 09JAN2010, 73-0 I believe and signed into law by Corzine on 12JAN2010, according to this post:

 

http://www.nraila.org/Legislation/Read.aspx?ID=5303

 

If read page 4, line 13 of the pdf document in my first link, it deals directly with my situation, and states that I am, in fact, capable of receiving my XD without allowing 30 days to pass. The questions I'm trying to have answered now are:

 

1) When does this law go active?

 

2) Who and how (phone, fax etc) does Cabela's contact to proceed with this? Document indicates NJSP Superintendent, but the secretary for the Office of the Superintendent was a) unsure if the law was active and b) did not believe that calling/faxing the superintendents office would get the desired results.

 

Any thoughts on this? I really appreciate your time and knowledge in helping me try to get this resolved.

 

And as soon as I get this resolved, I'll be able to post back with how the Jackson Township Police Dept goes about handling permits in the wake of this disaster ... err law.

 

Many Thanks,

 

Rich

 

P.S. - I looked for forums rules on posting links and couldn't find anything, so hope its allowed!

1) When does this law go active?

NOW

2) Who and how (phone, fax etc) does Cabela's contact to proceed with this? Document indicates NJSP Superintendent, but the secretary for the Office of the Superintendent was a) unsure if the law was active and b) did not believe that calling/faxing the superintendents office would get the desired results.

IMHO, you should've taken the firearm back to the NJ transfer dealer.

Any thoughts on this? I really appreciate your time and knowledge in helping me try to get this resolved.

The PD should not restrict the number of permits that they "sell" you.

And as soon as I get this resolved, I'll be able to post back with how the Jackson Township Police Dept goes about handling permits in the wake of this disaster ... err law.

Many Thanks,

Rich

P.S. - I looked for forums rules on posting links and couldn't find anything, so hope its allowed!

The laws have been updated on the NJ Legislature website.

2C:58-3i. Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each permit and no more than one handgun shall be purchased within any 30-day period, but this limitation shall not apply to:

 

(1) a federal, State or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;

 

(2) a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;

 

(3) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers

 

(4) transfers of handguns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer.

 

The provisions of this subsection shall not be construed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes;

 

(5) any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or

 

(6) any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).

 

A person shall not be restricted as to the number of rifles or shotguns he may purchase, provided he possesses a valid firearms purchaser identification card and provided further that he signs the certification required in subsection b. of this section for each transaction.

2C:58-3.4 Exemption on restriction of purchase of handguns.

 

a. The superintendent may grant an exemption from the restriction on the purchase of handguns set forth in subsection i. of N.J.S.2C:58-3 if the applicant demonstrates to the satisfaction of the superintendent that the applicant's request meets one of the following conditions:

 

(1) The application is to purchase multiple handguns from a person who obtained the handguns through inheritance or intestacy;

 

(2) The applicant is a collector of handguns and has a need to purchase or otherwise receive multiple handguns in the same transaction or within a 30-day period in furtherance of the applicant's collecting activities. As used in this paragraph, "need" shall include, but not be limited to, situations where there is a reasonable likelihood that the additional handguns sought to be purchased would not be readily available after the 30-day period, that it would not be feasible or practical to purchase the handguns separately, or that prohibiting the purchase of more than one handgun within a 30-day period would have a materially adverse impact on the applicant's ability to enhance his collection. As used in this paragraph, "collector" shall include any person who devotes time and attention to acquiring firearms for the enhancement of the person's collection: as curios; for inheritance; for historical, investment, training and competitive, recreational, educational, scientific, or defensive purposes; or any or other lawful related purpose. If an applicant is a member of an organized gun club; firearms competitors organization; firearms collectors organization; or any other organization dedicated to the acquisition, preservation, or use of firearms for historical, investment, training and competitive, recreational, educational, scientific, or defensive purposes, or any other lawful related purpose, such membership shall be considered in determining whether the applicant qualifies as a collector; or

 

(3) The applicant participates in sanctioned handgun shooting competitions and needs to purchase or otherwise receive multiple handguns in a single transaction or within a 30-day period, and the need is related to the applicant's competitive shooting activities, including use in or training for sanctioned competitions.

 

b. The applicant shall certify, on a form prescribed by the superintendent, the specific exemption sought and the particular handguns to be purchased. This form shall be submitted to the superintendent at the same time as the permit to purchase a handgun, along with any pertinent documentation supporting the need for an exemption. If the information concerning the particular handguns to be purchased is not available when the form is submitted, that information shall be provided to the superintendent as soon as practicable thereafter. The superintendent shall consider the veracity, accuracy, and completeness of the information provided in determining whether the applicant meets the requirements for an exemption pursuant to this section. In considering whether an applicant qualifies as a collector under paragraph (2) of subsection a. of this section, the superintendent shall not consider the number of guns in the applicant's collection. In considering an exemption sought under paragraph (2) of subsection a. of this section, the superintendent shall not consider the merit or validity of the applicant's collecting activities.

 

The superintendent shall not grant an exemption if he finds a reasonable likelihood that the public safety would be endangered by granting the exemption, including but not limited to instances where the applicant may be purchasing a handgun to give, sell or distribute to a person who would not qualify to purchase or otherwise acquire a handgun under the provisions of this chapter.

 

The exemptions set forth in this section shall not be construed and are not intended to authorize multiple handgun purchases where the sole justification set forth by the applicant is that the seller offers a discount for the purchase of more than one handgun.

 

c. Any person aggrieved by the denial of a request for an exemption pursuant to this paragraph may request a hearing in the Superior Court. The request for a hearing shall be made within 30 days of the denial of the application for an exemption. The applicant shall serve a copy of his request for a hearing upon the superintendent. The hearing shall be held and a record made thereof within 30 days of the receipt for the application for such a hearing by the judge of the Superior Court. The judge shall grant the request for the exemption if the judge finds that the denial of the applicant's request was an abuse of discretion, arbitrary or capricious, or a misapplication of the requirements for an exemption as a matter of law.

 

d. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the superintendent may adopt, immediately upon filing with the Office of Administrative Law, such temporary regulations as the superintendent deems necessary to implement the provisions of P.L.2009, c.186 (C.2C:58-3.4 et al.). The regulations so adopted shall be effective for a period not to exceed 270 days from the date of the filing, but in no case shall those regulations be in effect one year after the effective date of P.L.2009, c.186 (C.2C:58-3.4 et al.). The regulations may thereafter be amended, adopted or readopted by the superintendent as the superintendent deems necessary in accordance with the requirements of the "Administrative Procedure Act."

Hey PK90, thanks again for your time and the info!

 

Regarding returning it to my FFL, I would have loved to, but the point of sale was Cabela's and the only way to get it done properly (according to parties involved) was to return the handgun to Cabela's, receive a point of sale refund and then purchase the SA XD 45.

 

So, getting past that, anyone have any thoughts on how I could recommend Cabela's to proceed with this? I have a good deal of confidence that Cabela's will be willing to work with me, and contact whoever needs to be contacted, but I'm just not sure who that is. After my conversation with the Superintendents office, I get the feeling that having them call there or fax documents there will not bear results. The assistant that I spoke to did suggest that I have them contact the Deputy Superintendent of Investigations, as that is the bureau that deals with firearms issues. Any thoughts on this?

 

Again, a great many thanks for all input.

 

Rich

IF you took the gun back to your dealer and had the dealer send it back to Cabelas, they could have sent your dealer the new firearm and your dealer could have transferred it to you legally within the 30 days. BUT, since you sent it back to Cabelas directly, it's now a new game. You will need to wait the 30 days. Of course this is only my opinion. Carry on.

PK90, thanks again for your input. I can certainly see that you are of the opinion that I should have brought it back to the FFL ... that is clear. However, I was unable to.

 

Now, I'm thinking that since the wording of the legislature states "retailer", in this case Cabela's, that I should still have some recourse and am not 100% convinced that I need to wait the 30 days. I will continue to search for a solution, and if I find one (or don't, for that matter) I will report back with my findings.

 

Rich

PK90, thanks again for your input. I can certainly see that you are of the opinion that I should have brought it back to the FFL ... that is clear. However, I was unable to.

 

Now, I'm thinking that since the wording of the legislature states "retailer", in this case Cabela's, that I should still have some recourse and am not 100% convinced that I need to wait the 30 days. I will continue to search for a solution, and if I find one (or don't, for that matter) I will report back with my findings.

 

Rich

 

Sounds like it might just be quicker to wait the 30 days, this is NJ nothing gets done quickly!

PK90, thanks again for your input. I can certainly see that you are of the opinion that I should have brought it back to the FFL ... that is clear. However, I was unable to.

 

Now, I'm thinking that since the wording of the legislature states "retailer", in this case Cabela's, that I should still have some recourse and am not 100% convinced that I need to wait the 30 days. I will continue to search for a solution, and if I find one (or don't, for that matter) I will report back with my findings.

 

Rich

 

Sounds like it might just be quicker to wait the 30 days, this is NJ nothing gets done quickly!

 

Sadly....This