The recent threads of PDs being douches in regards to FIDs and P2P, I realized I have a question.  Generally, my town has been really good about things, no crazy delays and always take the applications as long as I bring it in during business hours.

 

Last time I applied for P2Ps I was told that if my FID was issued more than 5 years prior to applying for a P2P, new fingerprinting is required.  Is this true?  At the time I had one re-issued due to an address changes less than 3 years before that P2P app so it was a non issue.  But should I choose to apply for another P2P next week, it owuld be over the 5 years.  Having to do fingerprints again would suck.

 

Thanks! 

"required" ?  Per state law, No, not true.

I know the NJSP only want you'd fingerprints once. The local PD has the option of printing you every time you apply IIRC. Most don't.

I believe it is at the discretion of the department, they can actually require it every time.  I know one time when I went in they said it was less than a year since my last one so there was no issue.

2C:58-3(e)

...

The chief police officer or the superintendent shall obtain the fingerprints of the applicant and shall have them compared with any and all records of fingerprints in the municipality and county in which the applicant resides and also the records of the State Bureau of Identification and the Federal Bureau of Investigation, provided that an applicant for a handgun purchase permit who possesses a valid firearms purchaser identification card, or who has previously obtained a handgun purchase permit from the same licensing authority for which he was previously fingerprinted, and who provides other reasonably satisfactory proof of his identity, need not be fingerprinted again; however, the chief police officer or the superintendent shall proceed to investigate the application to determine whether or not the applicant has become subject to any of the disabilities set forth in this chapter.

 

 

 

 

http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/58-3.html

The key words above are "Need not be fingerprinted again", that does not say shall not, and does not say may not.  Thus, if they want it to be done again they can, they just don't by law HAVE to do it again.

And it doesnt say "may". If the intent is to leave to the discretion, then "may" is typically used.  "Need not" relieves the PD of their duty / requirements, specially after the first "Shall obtain fingerprints" imposed on them. 

 

If thats not the case, PD can also take mug shots (to check height), make you do a headstand (to ensure no disabilities), strip search for tattoos (to validate identifying marks) etc, because law doesnt say "should not strip search"...

 

That same sentence proceeds to clarify what PD should be doing - "however.....".

 

PDs going beyond better have good reason to cause financial and procedural burden on applicant.

 

I get what you are saying... just like 30 days, additional paperwork. Not easy to fight.

 

If OP chooses to do so, he should print out the law as is, highlighting relevant portions and hand it in. 

Hm. I have no plan to purchase a handgun in the near future but might have to test this. With an iPhone recording of coarse.

If anyone is feeling lucky, they can also print 2C:39-10 and highlight relevant sections :-) 

 

"......any person who knowingly violates the regulatory provisions.....N.J.S.2C:58-3.....is guilty of a crime of the fourth degree." 

 

Now, thats going to be like rubbing salt on the wound :-) 

You may be on to something with the above.