Was thinking about this for quite some time, but can't find any specific info on this. Sorry if it has been discussed already, just point me out where :-)

I almost had a chance to try this on myself a couple of months ago (buying a handgun evening before a long trip out of state), but got lucky then.

 

So, hypothetical situation:

1a) You come to the store with your P2P, choose a handgun, commit to buy it (e.g. pay the whole price right away).

Store associate runs your NICS (Day 1) and gets a "delayed" response (seems not that uncommon, especially for Green Card holders). You fly out to Dallas Montreal the next morning for 2-weeks project. Next afternoon (when you are already enjoying Texas sun Montreal cold and French-speaking crowd everywhere sitting in an small office) you get a call that NICS returned "approved" (Day 2).

You can't take the gun that day, you actually can do it only on Day 15 or so.

It is fine as long as NICS results are valid for 30 days AFAIK.

 

(another version of this situation - 1b) - might be a friendly FFL running NICS for you a little bit in advance, let's say, on Day 1 with you coming to pick guns up on Day 6 after that)

 

Result is basically the same. While NJ NICS writes the date of request as Day 1, you actually take a possession of a gun on Day 15 (or Day 6 etc.).

 

Question: when can you buy the next gun?

 

a) On Day 31 (or 32 to be sure)

b) On Day 45 (or Day 36 respectively for 1b) for 30 days to pass from the moment you actually took possession of the gun

c) You can again run NICS on Day 31, and it will be approved, but you will be unable to legally take a possession of a handgun until Day 45 (or 36).

 

Question 2: in such scenarios, what dates go where in your papers?

As I remember, FFL can NOT put Day 1 in your P2P if you actually come on Day 15, because in this case it would look like he failed to return other copies of P2P to authorities on time.

Still back to OGAM, how NJ NICS system will know about the actual date of transfer?

 

Thanks a lot in advance!

 

Locations edited not to hit a raw nerve :-))))

(D) the train makes it to Memphis at 2:38pm on Tuesday! Im pretty sure i did that right but been a while since i have taken the SATS lol

The answer is: stay in Texas!

 

OK, I couldn't resist.

 

And I'm not sure what the answer should be, or even if there is only one correct answer.

LOL I suspected both responses :-)

That's why I wrote that this was a purely HYPOTHETICAL situation ...

 

Okay, okay, I'll edit locations to make it easier :-)

Hopefully an FFL will chime in on this one because thats a fantastic question

Correct me if I'm wrong, but won't NICS will reject you based on OGAM since NJSP is the point of contact?

The counter always start when you take possession.  Paperwork has to reflect this.  Your NICS is good for thirty days after approval.

Remember we were waiting 2 weeks or more for NICS to come back?  You may have paid for it, but you did not own it until NICS said OK.  4473 was dated with the date you picked it up. 

420 is right; it's a very good question. So I think the most accurate formulation would be: What date does the NJSP use to calculate the 30 day period; the NICS approval date, or the 'date of transfer' on the pistol permit?

 

You would think they're using the NICS date so the computer checks the date arithmetic and denies you if necessary. But the 'date of transfer' on the permit is the one that counts legally for a OGAM calculation. The statute says no transfers within 30 days, not approvals. And I would be amazed if the Firearms Unit IMMEDIATELY updates NICS dates with the 'date of transfer' when the PTP copies arrive in Trenton.

 

However I will not be surprised to hear that BOTH dates are in play when complying with OGAM. This is NJ, where we must give law abiding citizens the greatest opportunity to become felons at the drop of a regulation.

 

All I'm sure of is it shouldn't be both.

Would this just apply to C&R guns or all handguns?