In NJ, it is the law to delay

One of the pieces of conventional wisdom you hear in New Jersey gun ownership circles is that the NJ Judiciary gutted the 30 day requirement for issuance of a pistol purchase permit or a Firearms Purchasers ID Card, but you never get a reference to the case in question, or the details. So, spent a few minutes googling, and after running my search, I found this case.

We read the statutory scheme as requiring a chief of police to withhold action on an application for a firearms purchaser identification card until receipt of the requisite SBI and FBI fingerprint reports.

We thus conclude that the inability of the chief of police to obtain the requisite SBI and FBI reports within the thirty day period constitutes “good cause” for a denial, but does not require the chief of police to deny the application on that account. He must withhold rendering a decision on the application until the fingerprint reports are obtained from the SBI and the FBI.

If the reports so obtained do not disclose a criminal conviction or any other disqualifying disability, the “good cause” for the denial of the permit evaporates, and an identification card must be granted immediately. Conversely, if the SBI or FBI report yields information disclosing good cause for the denial of a permit, the applicant should be notified in timely fashion.

So, the Berlin Township’s Chief of Police saying that they hadn’t received the fingerprint results means he was required to not issue under this decision. So, all the armchair lawyers who are suggesting 1983 suits, please don’t. It’ll be an expensive waste of time. Instead, push the NJ legislature to go to NICS.

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