How to get your gun in New Jersey – a layman’s guide

New Jersey requires permits to purchase firearms – for longarms, it’s a Firearms Purchasers ID card, issued once and good for life (unless revoked, or you move; it has your street address on it). This card is de jure and practically de facto shall-issue, the only quirk being that, while the legislature wrote a “must issue within 30 days (45 for out-of-state applicants)” into the law, the NJ Judiciary interpreted this as “must issue after the background check is complete;” in effect neutralizing the time limit. Now, while the form to apply for a FPID and the process is uniform statewide, it is administered by the local Chief Law Enforcement officer or the New Jersey State Police for jurisdictions without their own police agency. Furthermore, some jurisdictions have had long-standing traditions and or municipal regulations of having additional requirements not specified in the law, such as additional forms beyond the application and mental health release (Available on the NJSP’s website as PDFs to save and print), interview requirements, and other impediments to the process to purchase a firearm. Of late there is an effort by the NJ Second Amenment Society to sue non-compliant governments to force them to comply with the law, this has been mostly successful with out of court settlements in most cases. Unfortunately, due to the caselaw, the 30-day time limit is not subject to being enforced by lawsuit, so the time it takes to actually receive the FPID is highly variable – my town is generally considred to be middle-of-the-road and I required 6+ weeks both times I applied. Applicants in other towns have had to threaten or actually sue as their wait time approached moths or even a year+. The card itself neither laminated nor standard credit-card size, nor a photo ID. It had your identifying info on one side, and your signature, the CLEO signature, and your fingerprint on the other. It allows you to purchase longarms, as long as you fill out a transfer form and if buying from an FFL, undergo a state-run background check (I understand the FFL calls the NJSP, who runs a quick file check and a NICS check). The last time I bought a longarm it took less time to process that check than it did for me to fill out the 4473 and NJ’s own transfer form.

For handguns, you instead use a Permit to Purchase a Handgun. The application process is exactly the same as the process for obtaining a Firearm Purchasers ID Card, down to using the exact same forms (only checking a different box) – because you need to show an FPID and have the transaction logged when purchasing ammunition from an FFL (ammo for rentals is generally exempt from this requirement), it’s generally considered wise to obtain an FPID at the same time you get your first pistol permit to both take advantage of being able to use the same forms and to be able to buy ammunition retail. Note than “handgun ammo” is considered to be “any ammo that can be used in a handgun,” and includes both “traditional” pistol calibers and .22lr at least. I believe most FFLs log all ammo purchases, but since my only firearms eat 9mm and .22lr, I don’t know for sure. Once complete, you receive a paper form good for 90 days, which can be extended for 90 more days (de jure non-discretionary, and usually de facto as well). This may be used to purchase 1 handgun either privately or through an FFL. If through an FFL, another background check at point of sale applies.

Now, the legislation setting up this scheme was passed in the late 1960s, and the fees were specified at that time and have not been adjusted since then. Consequently, they are relatively trivial; though there is an additional fee nowadays since the entire state now jobs out the fingerprinting to a private company who charges not quite $60 for the job. Fingerprinting is not necessarily required for subsequent paperwork obtained from the same issuing authority as before (at their discretion). Without fingerprinting, the cost is generally under $50 to get a set of permits, often much less. So what some enthusiasts will do is apply for mulitple permits (currently there’s no reason to have more than 3 live ones due to NJ’s one-handgun-a-month scheme), and refresh/replace as the come due, so that they always have the ability to buy a handgun without having to wait out the normal process. If your issuing authority is reasonable, this isn’t a terribly expensive way to go, other than being an unconstitutional tax on the right to obtain a firearm, of course :)

(Obligatory Disclaimer – I am not a lawyer, particularly not one who specializes in NJ firearms law. I’m just some guy on the internet who claims to have read the statutes once or twice).

For more resources see:

The NJSP Firearms FAQ

The NJSP links to NJ Firearms Laws and AG guidelines – that last includes the current “interpretation:” of the NJ AWB

The NJ2AS News and Resources page

The NJ2AS guide on purchasing a firearm in NJ – includes a link to their Operation Establish Compliance page

And, of course, the Association of New Jersey Rifle and Pistol Clubs, our NRA state org.

Re-introduction

I’m Ian Argent, a long-time commenter and occasional contributor. I used to blog at my own place (The Lair), but that basically petered out late last year due to a confluence of events in my life. The itch to blog, however, never really went away, though; so when I saw that Sebastian was having to spend more time on the job and less on blogging, I offered to add a little content here, and he accepted. Of course, I meant to have a few more posts in the hopper before I went incommunicado last week, but I wasn’t happy with anything but the Management ones, and the second post was incomplete until tonight.

Anyway, as it says on my Blogger profile:

I was born below the Mason-Dixon line and lived in various exotic locales, being raised by globe-trotting, gun-owning hippies on an literary diet mostly composed of Robert Heinlein, Isaac Asimov, WWII history books, and NOW propaganda. I’ll leave y’all to guess which had the most influence on me… I’m now an armed and conservative resident of The Great Garden State of New Jersey, and can be found arguing for the fun of it on message boards and comment sections across the internet.

The management is responsible

I regret that I was not able to fully participate in the discussion that my last post engendered; but a family vacation out of country intervened. But I’m back now, so I can address a couple of points that came up.

First, of course, I don’t believe that the usual business owner should discriminate against the usual firearms bearer, either as a visitor or employee (except as far as dress code; don’t open carry a white rifle after labor day, don’t open carry at people, &c); at least not as a matter of course. There are circumstances where certain specific areas of a business might be off-limits to carriage of firearms; you don’t necessarily want to allow large chunks of ferrous metal into the MRI room, or non-instrinically-safe items into a place with a volatile atmosphere, for example. Not to mention tightly-secured aras such as prisons, mental hostpitals, or certain areas of courthouses. However, I am also somewhat leery of using the blunt force of law to enforce this societal norm against private property owners. In this case, while I’m not unaware of the civil rights aspect, it’s not a free-for-all, either. Regardless of your right to free speech, a private property owner may ask you to leave if you exercise it in certain ways, for example; or if you are an employee your free speech rights may be quite sharply curtailed while on the property or on the clock.

However, I chose the title of the last post and this one to highlight that my suggestion is to change the “default” assumptions. Today, the “no guns” sign functions against lawyers as a bunch of garlic does against vampires; as a mythical ward against their depredations. The suit in Colorado aims to change this assumption, but not particularly in a way that the supporters of the RKBA should be happy about; the plaintiffs claim that the theater chain should have had more security, not that they should not have posted, and that the theater should be on the hook for compensating the victims and families.

In a better legal regime, the property owner might be excepted to take basic and minimal security precautions, such as ensuring any exterior lighting is in proper order, just as they should ensure that the parking lot does not have any sinkholes, &c. When it comes to controlling access to the property by possessors of weapons, thought, they can have a choice. On the one hand, that if a property owner does not prohibit firearms to the people who are inclined to observe such a restriction, they should be immunized (a la the Protection of Commerce in Lawful Firearms acts immunization of retails and manufacturers of firearms, as a very off-the-cuff suggestion). But, on the other hand, that if the property owner does post, they should be required by law and custom to make a serious effort to ensure that all visitors are protected. IE, that a secure perimeter be established, at the boundaries the visitors be given the opportunity to safely and securely disarm and stow their weapons and later safely and securely recover and rearm, and that the property owner be potentially liable in civil (and if appropriate, criminal) court for malicious acts perpetrated against visitors (and employees), not to mention the secured weapons.

This is something that could and should be codified in law, that if a business owner wishes to declare part or all of their property a “weapons-free” zone, they must make a sincere and thorough effort to ensure that it remains as such. In theory, I suppose the courts could force the issue, but in practice I don’t think they will, at least not in a manner we would recognize as supportive of the general RKBA.

The Management Is Not Responsible

There’s a certain amount of libertarian ambivalence about laws that force companies to allow their employees and patrons to have firearms (or other weapons) in vehicles in parking lots on private property. On the one hand, the property rights of the owner are trampled. On the other, if this is not forced, the self-defense right of the individuals are trampled. No matter what, someone’s natural rights are getting trampled. The justification for parking lot laws boils down to property rights are less important than self-defense rights.

But, there’s an interesting lawsuit that’s come out of the Aurora, CO mass shooting a few years back. Victims and family members are proceeding with a wrongful death/personal injury suit against the theater chain. Normally, I’d say this was an attempt to go after the deep pockets. But, we have been told that this theater chain was somewhat unusual in the region for posting their property, and it’s suspected that the shooter chose this theater at least partially because it was posted, since the theater was not the closest to his home.

A federal judge has again refused to dismiss wrongful death and personal injury lawsuits filed against a movie theater chain by victims of a 2012 mass shooting at a Colorado cinema where 12 people were killed and dozens injured.

…

In general, the lawsuits claim Cinemark had lax security at its theater in the Denver suburb of Aurora when a gunman opened fired during a midnight screening of the Batman film “The Dark Knight Rises.”

The article then goes on to point out that other theaters in the chain hired security, but this theater chose not to. The theater chain’s defense is that they should not have a “duty and burden to have foreseen and prevented the criminal equivalent of a meteor falling from the sky.” However, by encouraging their patrons to disarm under threat of banning from the property or other legal actions, I’d say that they have chosen to assume the “duty and burden” by forbidding their patrons from retaining the means of self-defense. And, at any rate, a mass murderer is not the only reason for someone to wish to have the means to defend themselves readily to hand.

In the end, this is why those signs and policies exist, because after a tragedy, people will go looking for the deepest pockets that can provide them monetary compensation. The assumption has been, until now, that the signs may not be effective against lawbreakers, but they are effective against the plaintiff’s bar; that they are the equivalent of those signs you see at coat racks and in parking lots that say “management is not responsible for theft.” (which is literally true, but apparently needs to be spelled out). However, today we live in a legal regime where the search for deep pockets causes the plaintiff’s bar to advance the theory that if a property owner does not have a policy against the carriage of weapons, they are responsible for the actions of anyone who does carry a weapon onto the property. Which is absurd, of course.

If this lawsuit goes through, though, the property owners will be forced to take on the duty of defense of their patrons. For a variety of reasons I don’t expect this lawsuit to succeed; but it points out a libertarian way of obtaining the same results as a parking lot law, without the trampling of the rights of the property owners. Pass laws that make it harder to sue the property owner for the actions of a third party on that property, a la the Protection of Lawful Commerce In Firearms Act or the safe harbor provisions of the DMCA, and impose a duty to defend patrons if the property owner chooses to post their property as a “gun free zone.” Then leave it to the free market and the insurance companies to make those signs evaporate…

 

H/T to Saysuncle

The Obama Administration is keeping up appearances – Health Care Edition

Once again, the Secretary of HHS is threatening insurance companies who say they are raising rates in response to the coming Health Care Reform. This kind of thing is, if nothing else, disturbing because of the assymetry of power between a federal regulatory agency and the industry it regulates. If thre is fraud, prosecute it. Making threats is simply an attempt to suppress speech.

Presidential image on Flickr

I saw this picture on the White House Flickr stream a couple days back, and though, “wow, that’s a majestic office.”
P081310PS-0271

BTW – the photog is a genius, IMHO, and has a real eye for a picture. Check out the Flickr stream for yourself.

Nine years ago, an anecdote

Nine years ago this month, I had just moved into a new apartment, and my wife had just started a new job. Tuesday morning we both went to work as normal. I was shooting the breeze with a coworker when another guy came into the workroom to let us know that a plane had hit the World Trade Center. I recall dismissing the report with a breezy assurance that the Towers had been designed to withstand the impact of a General Aviation plane, and recounted the story of the B-25 that hit the Empire State Building in the 40’s. As the news came through in fragments, it became clear that my initial impressions were, well, wrong. Someone had plugged in a TV in an unused conference room, and we drifted in and out, watching Telemundo between trying (and failing) to get any useful work done. (It was set up before the other stations lost their antennae that were on the WTC buildings; I can’t say why we couldn’t pull in anything else besides Telemundo). My half-remembered Spanish wasn’t up to the task of following the commentators.

The “where were you” moment for me happened while I was standing in the doorway between the main work room and a smaller area off to the side where the laptop imaging stations were. A radio was on, tuned to a news broadcast. They were reporting that an airliner had hit the Pentagon, and I burst out with “My mother works there!” Of course, all the long-lines were jammed, so I couldn’t call down to find out anything, and between that and the reports of a car-bombing of the Main State building (where my father had worked for a long time), I wasn’t in any shape to keep working, though I tried for a while. Coworkers started drifting out to go home, and I eventually did likewise. I could see the tops of the smoke plumes rising in the north once I got home.

Eventually, probably via IM, I got the news that my mother was fine (she had been almost directly across the Pentagon from the point of impact, in the basement, and would later claim that her office had thought a transformer blew until they got to the marshaling areas. The only damage to her offices was the stench caused by a bunch of shrimp in a fridge that lost power) My father had been working in Crystal City, which I had forgotten. But a close friend of mine, who I figured was fine because she didn’t start work until 10 am, had chosen to go in early that day to her job across the street from the WTC, and her husband was half-mad because he hadn’t heard from her. Around dinnertime, he finally heard from her; she had been on the first subway train diverted from the WTC stop, and was actually caught in the dust cloud of the first tower going down. She had walked from there to the Brooklyn Bridge, and then uptown to the 34th st ferry to get across the Hudson. Later on I would hear of college classmates who worked in the area who had survived as well. (As far as I know, anyone I knew personally who was in the area survived).

I have a folder of music made for, changed for, or inspired by the occasion, including a recording of “Fire and Rain” insterspersed by sound clips from that day and following. It was put together by a local radio station.  It has famous sound bites from the president and others, and it also has clips from callers to the station, including an eyewitness to the second plane going in, from which I deduce the man  was Roman Catholic and of a certain age, judging by his shouting “Jesus, Mary and Joseph!” Some of these songs are rather jingoist (there’s one entitled “Yackety Yak, Bomb Iraq, for example). Others are more solemn.

Three of them can be found on Youtube. Two are rather famous, one is less so.

We have:

Leslie Fish’s Flight 93

[youtube]http://www.youtube.com/watch?v=OPYMS9a8ELE[/youtube]

Neil Young’s Let’s Roll

[youtube]http://www.youtube.com/watch?v=rg6kLk38GTE[/youtube]

 Alan Jackson’s Where Were You (When The World Stopped Turning)

[youtube]http://www.youtube.com/watch?v=AW8puRqE4Sc[/youtube]

For this last song, I deliberately chose that video rather than another of Mr. Jackson himself because it includes images (video and still; all very moving) and some audio, from that day and later, overlaid. In particular, there are images some would prefer to be pushed down the memory hole; and I don’t believe they should be. Be warned, though, I wiped some tears from my eye while watching it.

The Warrior Song – Hard Corps

I literally spent 8 years of my first decade with US Marines all around. As a Foreign Service brat I saw them every time I visted my father at work, and some of my fondest childhood memories are of going to barbeques hosted by the local Marine House. But they weren’t just scenery and grill cooks to me; by the time I was 10 I knew most of the history behind the verses of the Marine Corps hymn, and was well aware that these men were ferocious fighters as well as friendly faces. And while I thought about joining the military when I graduated high school, it turned out that it’s very hard to get an appointment to an Academy from Northern Virginia, and the college I went to didn’t have an ROTC detatchment. My life ended up moving away from the military path, “encouraged” by the drawdown of the mid-nineties and my father’s experiences as a Navy Reservist in that period. But I’ve never lost my respect for the men and women who chose (or, in times past, were chosen) to walk that path.

One of the songs I always make sure to load on my music player is Warrior Song. I paid my buck for the song, and count it cheap at the price. Today, I took a look over at their site and found the USMC version. Semper Fi, and may the Republic be worthy of your service.

[youtube]http://www.youtube.com/watch?v=Sam4lq2WHos&feature=player_embedded[/youtube]

Having some embed issues? – see the video at their site or on Youtube

Classics: The Myth of Man The Killer

I’ve been looking for a while for a way to work Eric S. Raymond’s “The Myth of Man The Killer” into a post here, and finally decided to make a post dedicated to it. Go, read, I’ll be here when you get back. The article he links to (Natural Killers —Turning the Tide of Battle) is worth reading as well.

I once read (and I can’t for the life of me find it again) that one of the reasons that humans are “so vicious” is that we don’t have any body language for “dominance” or “submission”, and must therefore express same with words or fists. Balderdash, with extra balder and double dash. Labrat and Stingray can and have gone into the whys and wherefores of humans not having the same sort of fixed social roles as a pack-oriented preferentially-carnivorous quadruped, domesticated or wild, but anyone who has seen almost any form of human social confrontation or other interaction(which apparently does not include ivory-tower academics) can quickly pick up on the nonverbal cues of hierarchy. The “naturally aggressive” either settle down, find a channel, or are eliminated from society; they don’t long continue with their antisocial behavior in a functional society. This has always been the case, as any student of historycan tell you. When this hasn’t happened, there has been a breakdown of social order, and those cases have been both notable and remarkable.

Somalia, in fact, is often used by the anti-gun debaters as an example of what happens where everyone is armed; “naturally”, chaos and brutality result. But the warlords of Somalia and their men are pikers compared to the mercenaries of John, Count of Tilly and the rest of the men who rampaged across the German states for half a lifetime; and they lived in a period where firearms were unreliable and expensive, almost unavailable to the general populace. The fighting of the Thirty Years War acted as a filter, pulling out and concentrating the “natural killers” by the most brutal and efficient process possible – combat in the early gunpowder era. The killers of Somalia, by contrast, are tribesmen, who don’t practice disciplined war with a sideline of oppression, but oppression without discipline. Warfare in tribal cultures has been characterized as two lines of men chanting insults at each other, then flinging javelins at the opposing line and retiring to tell lies about their bravery. “Modern” tribals can often be seen doing the “modern” equivalent – emptying a couple of magazines in the general direction of the other side, and then retiring to tell lies about their bravery.

The great massacres of history have generally been performed upon unarmed victims, by men “just doing their job”, or, as in the case of Germany in the 17th century, gangs of men who have been selected for their ferocity and sociopathy. Somalia is an anarchy, true, but death rides a single horse, not a mechanical combine, there. I’d be interested in seeing exactly how common firearms are among the general populace – I suspect it’s not as much as They would like you to think. Good luck getting that information, though…

I am going to make a claim that the religiously anti-gun people will reflexively deny – that we could arm every adult man and woman not ineligible for reasons of mental impairment, incorrigible violence, or habitual intoxicant, and the rate of antisocietal violence against others would either not change or go down. This shouldn’t be shocking to most of the regular readers here, as we’ve tried that experiment across the country; but let me explain for the people in the back there (say “Hi”. MikeB…)

Let’s start with the premise laid down by ESR and MAJ Pierson – that the vast majority of people are not violent by nature and, if they are to become so, must be made so by careful and prolonged work. Even for many of the naturally violent persons, they can, if allowed or directed, become functional and productive members of civil society (there are jobs that need them). Let us add the second premise, that most people are by nature abiding of the laws and rules necessary for civil society. This can be easily seen to be true, as we live in a functional civil society (more or less). Per ESR and MAJ Pierson, the naturally violent are less likely than most to obey laws and rules. Thus, laws and rules against possession of arms are less likely to be obeyed by the ones most likely to use them inappropriately. As laws tend toward more restrictions on arms, the functional members of society will be less likely to be armed, and the violent ones relatively more likely to retain their arms.

Firearms are, overall, the most efficient and deadly form of personal armament we know of. Certain other arms are more efficient in tight niches, and certain forms of firearm are more efficient than others in various roles, but overall, the firearm is the ultimate in personal armament. Nothing combines the ease of use, simplicity, portability, and effective range of a firearm. In particular, the physical requirements to successfully use a firearm are low. Grade school children can and are taught every day to use firearms safely and effectively, under adult supervision. “God made man, Samuel Colt (replace with JMB, Gaston Glock, &c, as your personal devotions require) made them equal.” Any firearm can be used by someone with one functioning hand, arm, and eye; and there exist firearms that are used by quadriplegics. (Oddly enough, I know this because NJ issued a Firearms ID and a hunting permit to a quadriplegic. NJ leads the nation in disabled firearms owners, I guess). The disparities of height, weight, strength, etc are erased. This leads to a diminished ability for the naturally violent (who are disproportionately young, strong, and more fit) to dominate the older, weaker, and less fit.

As restrictions on arms (and particularly firearms) are loosened, more of the naturally societal persons acquire them, but they are disinclined to use them antisocially. Firearms may be the most efficient weapon, available, but they are far from the only one available. As more of society is armed, the would-be committer of anti-social violence has to factor in the larger chance of death or injury in a confrontation with another person. Even if he discounts this factor, he has a larger chance of encountering death or injury in his antisocial games.

If he does kill a member of functional society, well, unjustified homicide the crime that is unacceptable. There’s a reason that more often than not, a mystery is a murder mystery. We consume fiction to reinforce our societal mores. Murder is the Original Sin in the Bible, and it’s frowned on in every moral code; while justified homicide is, well, justified almost everywhere. More effort is made to catch and punish the criminal who is a murderer than for any other crime, while a killer whose act is “justified” will be punished less harshly or let off entirely. This is entirely sane societal response to homicide. It is a (rarely) required mechanism of society to remove the incorrigibly, violently, antisocial from our midst.

It is not the presense or absense of (fire)arms that results in societal breakdown, but the presnse of killers, born or trained. Guns in the hands of non-killers have no effect on non-killers, but counter the effect of any weapon, from strength of fist on up through firearms, in the hands of killers. In any particular encounter, of course, there are more factors than the firearm. After all, it was Caleb’s generous donation of coffee that set a youth on the path of righteousness, and nobody died or was seriously hurt. But his dinky little pocket pistol was there, and the youth saw it before he changed his mind. Because when someone swaggers up to you and sincerely offers to punch you in the face, there’s a difference between putting your own body on the line  with a physical counteroffer, and a counter-offfer consisting of a few grams of lead delivered supersonically. One requires strength, agility, skill and a high pain tolerance, and the other requires a modicum of hand-eye coordination and the ability to lift a pound or so for no more than a minute.