Hi looking for some clarification and possible direction if my thinking is true.

 

I was denied a nics today because of OGAM law per NICS.

I last bought a handgun under an exemption on 08/15/14. Last non exempt handgun purchase was 07/12/14. According to them the 08/15/14 nics resets the clock on the 30 day rule. However i read on here before that an exempt purchase is just that it is exempt and doesn't count. I have used that reading for past two years and have done it numerous times with success. Today was no good, NICS transferred me to Firearms Unit and they said it wasn't real clear how the statue handles this but their interpretation was NICS was correct in denying me. They said they are keeping this interpretation unless they receive something in writing from attorney generals office or the law is changed. Thanks in advance

My understanding is that you can use an exemption to bypass a 30 day period already in effect.

But once you use the exemption, a new 30 day clock begins that can only be bypassed by another exemption.

Otherwise, you have to wait out the clock.

I agree with njJoniGuy

My understanding is that you can use an exemption to bypass a 30 day period already in effect.

But once you use the exemption, a new 30 day clock begins that can only be bypassed by another exemption.

Otherwise, you have to wait out the clock.

^^^^^^^^^This was always my understanding of how it worked, and I was told the same by the NJSP FIU. Some people on this forum have said they were doing non exempt transfers inside of 30 days after an exempt transfer, but I have never had anyone try to do so.

Any handguns bought on a Multiple Handgun Exemption should not have a 30 day clock attached to them, nor should they be referenced by other single permit purchase clocks. Hence the word 'exemption'. I have twice exercised MHEs in between two other single permit purchases that bounded a 30 day window, in 2012 and 2013. (Unless there's been an administrative change in applying the statute.) 

 

If the OP would say, why was an exemption used for a single handgun purchase? If you bought a single handgun on an exemption and the FFL put the NICS check through as a single purchase, and not as a MHE with reference to a specific serial number, that might explain it.

The multiple was used on one gun but the NICS wasn't sent in as multiple. So when NICS called on 8/15/14 transaction to deny because OGAM the salesman told them he was staring at an exemption from NJSP and they approved over the phone. I will try again when the NICS goes in correct as multiple and see what happens.

 

Only new thing is there's a new LT in firearms and they will not accept SP15,16 anymore from civilians. They returned 2 of mine last month to PD and told them they had to be sent thru them.

Also NICS said go back Tuesday and I'm approved. Of course after paying for NICS again..... But since last NICS was 8/15/14 shouldn't I be good on Monday 9/15/14? That is 31 days from 8/15/14 counting 8/15/14 but not 9/15/14.

Also NICS said go back Tuesday and I'm approved. Of course after paying for NICS again..... But since last NICS was 8/15/14 shouldn't I be good on Monday 9/15/14? That is 31 days from 8/15/14 counting 8/15/14 but not 9/15/14.

Yeah, it should be Monday 9/15.

Only new thing is there's a new LT in firearms and they will not accept SP15,16 anymore from civilians. They returned 2 of mine last month to PD and told them they had to be sent thru them.

If that's true it's too bad. Historically sending them in directly eliminated any 'administrative' delay at the local PD.

 

Also if true, Isn't it nice how a 'new LT' gets to change the procedure for the entire state? 

Where are the two A groups on overturning this BS???

Where are the two A groups on overturning this BS???

 

The same place as for the "Whisper" evil death machine air rifle that the then head of the NJ FIU determined all on his own that the gun was equipped with a silencer and thus ILLEGAL in NJ...  But in Free America (Cabela's in Hamburg) you can buy them like toyz w/o any paperwork.........

 

The 2-A community is very busy on the Shaneen Allen case.  News broke recently that the Prosecutor has delayed the trial, and many are thinking that PTI may be the result.......we will soon see.  In any event, the 2-A community is more concerned with keeping a single mother outta jail than worrying about some Pinhead's interpretation of the OGAM rules and how they affect a Collector with money to burn.

 

Just sayin.....