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One Handgun a Month Exemption

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Talk about frustration! Back in June, I filled out the SP-015

FORM, as instructed by someone in the Firearms Unit at the State Police & sent it in. The person I talked to didn't say antyhing about the SP-016. Never heard anything, finally I call the State Police & a Lt. informs of the whole procedure. So, I fill out the SP-015 again, fill out the SP-016, my portion, go to Shoreshot where 2 of the respective handguns I want to buy are & all the way to Cheyanne Mtn. (I live in Jackson, not to far but...) where the 3rd. handgun is. Had them sign their portions of the form w/ their license #'s & whatnot & have Jackson PD mail all of it into the State Police. Jackson PD in the meantime keeps (3) permits to give back once they get the approved forms back, if approved! This is 7/19 they mailed it. Found out State did get the 1st SP-015 & sent it back to Jackson pointing out that I needed the SP-016 form also. So, they at least got the 1st one, but that does me no good. So far, God only knows where the 2nd, complete one is! I've been talking w/ a Lt. there (Schlueter) & he's been very helpful, nice guy, he called & sent Jackson PD instructions on the whole procedure. I was there 1st person to apply for the exemption. But nothing. Going on a month, for Christsakes! All I can figure is my paperwork is sitting on some desk somewhere.

As we've been saying all along - you would probably have been quicker waiting the 30 days between purchases. I believe this is the basis (at least partially) of ANJRPC's lawsuit.

 

I have two guns coming and I'm just waiting the 30 days between purchases.

 

Good luck!

 

Adios,

 

Pizza Bob

Your police department was given detailed instructions as to what to do by the NJSP. It also has been posted here on this forum. The form is automatically approved by the NJSP in two days so total turn around time, when do properly, should be two weeks.

As we've been saying all along - you would probably have been quicker waiting the 30 days between purchases.

Regardless of your 30 day wait, the exempt guns are just that. It doesn't matter how long it takes. You can still purchase others every 30 days.

That's only if he has more permits than what the town is holding for the 3 exempt guns correct?

  • Author

Thanks for your replies, fellas. What do you know, within 1/2 hr. after my post, Lt. Schlueter called me to inform that I'd been approved, forms mailed out & my PD should have them by Wed. So, I'm happy! Looks good. A Detective w/ the State Police told me early on that the turn around time would be a couple of days, so ... That was the reason for my anxiety. I figured my paperwork became lost. But, all should be well. And, had I went the regular route w/ (3) guns, it would have taken 90 days & an extension. This way it only took 3 wks. The State Police, I'm sure are busy, so no big deal. And like I said, Lt. Schlueter was very nice & helpful. Good luck to any of you guys if you choose to file an exemption! I still have one or two permits left, are you saying one of those can be used now, regardless of these other (3) covered under the exemption? Thank you for your help!

...had I went the regular route w/ (3) guns, it would have taken 90 days & an extension.

 

Glad it worked out for you. Actually it would only have been 60 days. Purchase gun one - wait 30 days - Purchase gun 2 - wait 30 days - Purchase gun 3. It will, of course be another 30 days until you can purchase again.

 

Paul, thanks for letting us know that exemption truly means exemption. I wasn't aware that these didn't count, at all, toward gun purchases when considering time lines.

 

Adios,

 

Pizza Bob

  • Author

Oh yeah, you're right, Pizza Bob! 30 Days. Dugggh on my part. Math obviously isn't one of my strong points.

I still have one or two permits left, are you saying one of those can be used now, regardless of these other (3) covered under the exemption? Thank you for your help!

Hypothetical (give or take a day) as I see it:

 

5/1/2010 Gun #A

6/1/2010 Gun #B

6/5/2010 Gun #C, #D and #E (exemptions)

7/5/2010 Gun #F

 

ETA: Use of your permits can be every 30 days while your exemption is being processed.

PEOPLE NEED TO SUE THE STATE.

THATS OUT OF CONTROL.

Get serious about talking to lawyers about NJ gun laws.

This state is OUT OF CONTROL and in NEED of a good citizen challenge to stupid gun laws.

Don't forget that Jax is CLOSED on Fridays for the rest of the year due to budget cuts, and no OT, possible layoffs of Twp staff, although that has been avoided thus far with the furloughs. So that may be the reason for delays. That will probably be a recurring theme everywhere as the belt tightening hits. All the MORE reason to dump the present PtP & FPID systems. The ladies there are pretty good, especially the older one. I don't know what the twp was told by NJSP as far as OGAM exemptions process, from what you say, it seems like NJSP is making it up as they go along, probably because the law is stupid and ambiguous and the new AG is free thinking as far as NJAC and firearms law interpretation is concerned. They may have sent a procedure to the twps for this, but would not surprise me if its clear as mud.

Do you have to give a reason for wanting the exemption? And if so OP what reason did you use?

  • Author

Yes, you must give a reason. Mine was that I was, and am, a collector, and that if I would not be able to purchase the handguns in a specific time frame, they might not be available and that would adversely affect my collection. This was one of their given examples and it applied exactly to my situation.

  • Author

Jackson received the paperwork from NJSP & I picked it up so good to go!

What do you put down as the reason for the need to obtain more than one handgun a month? I am worried if I ever apply for this and gets denied I'll have to check yes to the denied question on all of my future applications.

 

thanks,

 

Daniel

  • 2 weeks later...

Dan, my interpretation is that that wouldn't be the case. You still need PP's to buy a handgun and the form states that you need to actually have them in your possession prior to the exemption application. As such, there is no "permit denial", but rather an "exemption denial" which is not one of the questions asked on the permit application form.

Correction to the statement above after speaking with NJSP Lt. Shuleter: one does not not need to have purchase permits on hand prior submitting the exemption application to your issuing authority. You can either, a) submit the exemption application with your normal permit application and those permits will be used for the exempted permits; or, b) you may submit the exemption application with permits you have already acquired and those will be the permits approved for the exempted purchases.

I spoke with NJSP Lt. Shueleter today about the timeframe of exercising normal purchase permits and approved exempted permits. Essentially, you always have to wait 30 days between purchases both before or after executing your batch of exempted permits. To clarify, you may exercise your batch of permits all at once of course, but you mus wait 30 days from your last purchase (whether it was a simple single purchase or another exempted multi-purchase) and you must also wait 30 days to your next purchase from executing your exempted permits (whether it be a simple single purchase or another exempted multi-purchase).

 

examples of approved exercising of both types of "purchases" interspersed with each other (day spans simplified but assume actual 30 days):

 

1/1 - you buy 1 handgun (then wait 30 days)

2/1 - you buy 3 approved exempted handguns (then wait 30 days)

3/1 - you buy 1 handgun (then wait 30 days)

4/1 - you buy 1 handgun (then wait 30 days)

5/1 - you buy 3 approved exempted handguns (then wait 30 days)

6/1 - you buy 3 approved exempted handguns (then wait 30 days)

7/1 - you buy 1 handgun (then wait 30 days)

 

Essentially you always have to wait the 30 days between "purchases" when a "purchase" can be either, a) 1 single, non-exempted handgun; or, b) more than one pre-approved exempted handguns.

That does not make sense. The law states that the handguns purchased with the exemption are exempt from the 30 day period.

 

The one handgun purchased after the exempt handguns must wait the 30 days.

Paul, i saw your earlier post and was hoping it was the case so i called NJSP to clarify and the example i posted regarding various exempt and non-exempt purchases was what was cited to me (although i was hoping otherwise).

 

Reading the statute regarding exemptions, they refer to either purchasing pre-approved, exempt handguns in a single "transaction" or as multiple "transactions" interspersed inside of the normal 30-day window. For the latter, it would seem that the restriction is lifted *only* with respect to the other exempted handguns explicitly listed on your approved application, not to other non-exempted handguns that were not listed on the application.

 

Assuming the above, you could separate your exempted handguns into separate transactions with no 30-day wait in between those, but your non-exempted "purchases" must still adhere to the 30-day wait between any and all other handgun purchases. The exemption does not seem to give permission to buy "any gun, any time".

 

1/1 - you buy 1 handgun (then wait 30 days)

* apply for exemption of 3 specific handguns *

2/1 - you buy 1 approved exempted handgun

2/2 - you buy 1 approved exempted handgun

2/3 - you buy 1 approved exempted handgun (then wait 30 days)

3/3 - you buy 1 handgun

 

The scenarios are still a little fuzzy though and i don't know how you would stagger your exercise of exemptions from a single application within the span of several normal 30-day purchases with the current interpretation. Such a scenario is cloudy and probably easiest to just handle all your exemptions as a single transaction or as close as possible to avoid the gray area.

 

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

 

4. 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.

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