Firearm Purchaser Identification Card
In order to purchase a rifle, shotgun or antique cannon, other than an antique rifle or shotgun, a firearms purchaser identification card (FPIC) must be obtained. Applications should be submitted to the chief of police in the municipality in which the applicant resides, or to the State Police station if the applicant’s municipality is served by the State Police.
Applicants who are denied a firearm purchaser identification card by the chief of police or the State Police are entitled to appeal the decision to the Superior Court. The applicant must file a written notice of appeal (letter) within 30 days of the denial to the Superior Court of the county in which he/she resides, or to the Superior Court of the county in which the application was denied if a non-resident. The appeal hearing should be held within 30 days of the filing. An application denied by a Superior Court judge may be appealed to the Appellate Division.
Permit to Purchase a Handgun
In order to purchase a handgun — defined as a pistol, revolver, or other firearm originally designed or manufactured to be fired by the use of a single hand — a permit is required. The application procedure is similar to the FPIC described above. The appeal process of a denial by a chief of police or the State Police is also the same as above. A permit to purchase a handgun is valid for 90 days from the date of issuance, and may be renewed for an additional 90 days for good cause shown. An application denied by the Superior Court may be appealed to the Appellate Division.
What’s the case law on the 30 Day statutory limit to issue a permit? I already have my FPIC but want to purchase a handgun. The application has been approx 45 days and the Chief says too bad “Statute allows me more time”. I know its not there, but there appears to be some wiggle room as to “when” the clock starts.
Any case law?
Paul
Yes, I’ll post the case as a new blog post. Look for it tonight. I have to run out of here and go to my other office to meet with a client.