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One Gun A Month loophole

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There is a nice little loophole in the NJ OGAM law for C&R FFL holders...

 

The C&R FFL cost $30 for three years and is very easy to obtain.

 

The problem is I was not able to Find an FFL dealer who would honor the exception and the State Police stated to me it does not exist. Very strange because I clearly can read it below. Our legislature but it there for a reason. It is not of to the NJ state police to decide it does not exist.

 

And just to clarify the exemption is not limited to C&R weapons as written.

 

I wish someone could get NJ to honor this exemption as written. Sounds like a good Job for Even Nappen.

 

 

i. Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each permit [, but a] 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; or

(3) transfers of handguns between licensed retail dealers.

 

unfortunately, the NJ law overrides federal law in this case, besides there are certain restrictions that apply to the C&R also

 

The problem as I see it is that the OGAM STATE LAW references the C&R license and the NJSP is ignoring the law as written - but hell, they do that every day when they take months and months to issue pistol permits.

 

If you want to see the SP itch, have a state 2A organization sue them for taking significantly longer than ANY local PD in issuing pistol permits.

  • Author

I appreciate everyone's response ... Yes the C&R is useless in NJ for purchasing C&R weapons but you are missing the point. You can still get a C&R FFL and the NJ law says if you have one you are exempt from the OGAM law.

The only exemptions that the NJSP recognizes at this moment are their own OGAM exemption form, period.

I appreciate everyone's response ... Yes the C&R is useless in NJ for purchasing C&R weapons but you are missing the point. You can still get a C&R FFL and the NJ law says if you have one you are exempt from the OGAM law.

No dealer is going to transfer multiple handguns w/o an approved form.

 

Sent from an undisclosed location.

 

 

  • Author

Would a Dealer transfer multiple handguns to Law Enforcement Agency? There are three clear exemption listed. Law enforcement agency, C&R FFL holders and Dealer to Dealer... I think it is strange that only two of the three exemption are honored. I think that it is even more strange that we as a group accept this... We put so much effort into to towns not adding extra paper work. That is great but if we could get them to honor the law as written on OGAM we could all buy all the handguns we want by simply paying $30 for a C&R license... $10 per year to neuter the OGAM law for anyone who it effects. I don't thing anyone even realizes it could be that simple. I asked Anthony C. to ask Even about the loophole. He said he would have him address it on next week Gun for Hire radio show since Even will be in the studio.

I have used my C&R Lic to buy multiple handguns in NJ. While the process is cumberson, the turn a round was fairly quick. ( One Week )

 

 

This was in 2011? in Jersey City. It is not every day that I have money to buy multiple 1911s. :(

there is still a nics check done if you have a C&R...therefore it useless

Do you leave NJ much?

Are you a collector ?

Do you have lots of guns?

Are they an arsenal or a collection?

 

That C&R Lic will make the difference. In New Jersey , thee guns will be considered an arsenal . :/

 

:/

  • Author

Lggyort, are you saying you picked up multiple handguns and used your C&R to be exempt from One Gun a month law?

My c&r just came in. Too bad I wont have the money to buy two pistols at once for a long time.

Anyone can buy multiple handguns in NJ, just fill out the forms sp-015 and sp-016.

 

The thread was about how a person with a C&R License does not have to use the forms. NJ Law says that if you have this license, no exemption by the use of the forms is necessary. A C&R Holder is automatically exempt.

Lggyort, are you saying you picked up multiple handguns and used your C&R to be exempt from One Gun a month law?

Not exempt . I used SP 15 and 16.

 

Anyone can use those forms by declaring yourself a Collector.

 

I have my C&R as an insurance policy and for I travel to Pa or Va.

 

At the time I was told that I was the first person to use those forms in NJ. I wanted to test the system and some nice 1911s needed buying. :)

What's going on here is that the NJSP is petrified that if they allow C&R holders to be exempt from OGAM without filling out SP015 and SP016 it will encourage a lot of people to get C&R licenses, which = a loss of control they have over the process now. This would inevitably also lead to these C&R holders using their licenses outside of NJ to purchase C&R guns = more loss of their control. So, they have chosen to ignore a section of the law that is clearly written. This would be a good lawsuit if someone has the resources to fight them on it. Dealers can't exempt a C&R holder from OGAM because NICS will not accept that as a valid exemption to OGAM.

What's going on here is that the NJSP is petrified that if they allow C&R holders to be exempt from OGAM without filling out SP015 and SP016 it will encourage a lot of people to get C&R licenses, which = a loss of control they have over the process now. This would inevitably also lead to these C&R holders using their licenses outside of NJ to purchase C&R guns = more loss of their control. So, they have chosen to ignore a section of the law that is clearly written. This would be a good lawsuit if someone has the resources to fight them on it. Dealers can't exempt a C&R holder from OGAM because NICS will not accept that as a valid exemption to OGAM.

 

Wait so if I get a C&R license I can purchase C&R handguns out of state without having to have them transferred back here?

Wait so if I get a C&R license I can purchase C&R handguns out of state without having to have them transferred back here?

NO

  • Author

I think if someone wanted to bet the test case they have to purchase a second gun within 30 days thru a private sale...

Wait so if I get a C&R license I can purchase C&R handguns out of state without having to have them transferred back here?

When I had my interview with the ATF people before getting my C&R my investigator said you cannot but really wasnt sure. If I ever come across something I have to have outside NJ I would call the NJ ATF people first before doing anything.

Wait so if I get a C&R license I can purchase C&R handguns out of state without having to have them transferred back here?

 

NO

 

IMO, if out of state, NJ Laws do not apply. You must follow Federal Laws. So, yes, you would not be in violation if buying C&R.

IMO, if out of state, NJ Laws do not apply. You must follow Federal Laws. So, yes, you would not be in violation if buying C&R.

I thought the same thing. Thats what confused me when I asked my ATF inspector. The person said that I would have to find somebody willing to do it and fill out a P2P. However I believe if I were to fill out a P2P with someone out of state the State Police would probably come and arrest me. 

I thought the same thing. Thats what confused me when I asked my ATF inspector. The person said that I would have to find somebody willing to do it and fill out a P2P. However I believe if I were to fill out a P2P with someone out of state the State Police would probably come and arrest me. 

 

Permit? :laugh: You can't use a permit. That is for purchases in NJ.

Exactly which is why I am confused and will call the ATF if I have the desire to purchase a pistol out of state.

NJ does not recogonize the C&R license, only the feds.

 

 

To clarify TJ, the NJSP does not care if you have a C&R. They will not follow what is written into law.

 

Sent from an undisclosed location.

correct on both counts.

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