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Second Amendment Foundation Sues NJ Officials For ‘Deprivation Of Civil Rights’ On Gun Permit Denials

Second Amendment Foundation

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation today filed suit in U.S. District Court for the District of New Jersey against several New Jersey officials for deprivation of civil rights under color of law.

SAF is joined in the lawsuit by the Association of New Jersey Rifle & Pistol Clubs, Inc. and six private citizens whose applications for permits to carry have been denied generally on the grounds that they have not shown a “justifiable need.”

One of the plaintiffs is a kidnap victim, another is a part-time sheriff’s deputy, a third carries large amounts of cash in his private business and another is a civilian employee of the FBI in New Jersey who is fearful of attack from a radical Islamic fundamentalist group.

Plaintiffs are represented by attorneys David D. Jensen and Robert P. Firriolo with the firm of Duane Morris, LLP in Newark.

Named as defendants in the case are three Superior Court judges, Philip J. Maenza, Morris County; Rudolph A. Filko, Passaic County and Edward A. Jerejian of Bergen County, plus Col. Rick Fuentes, superintendent of the State Police, Hammonton Police Chief Frank Ingemi and New Jersey Attorney General Paula T. Dow.

“Law-abiding New Jersey citizens have been arbitrarily deprived of their ability to defend themselves and their families for years under the state’s horribly-crafted laws,” said SAF Executive Vice President Alan M. Gottlieb.

“The law grants uncontrolled discretion to police chiefs and other public officials to deny license applications even in cases where the applicant has shown a clear and present danger exists.

“If being a kidnap victim, or part-time law enforcement officer, or the potential target of a known radical group does not clearly demonstrate a justifiable need,” he continued, “the defendants need to explain what would. Do citizens need guns to their heads or knives to their throats before the state considers their need to be justified?

“Supreme Court rulings have made it clear that the Second Amendment prohibits states from completely banning the carrying of handguns for self-defense,” Gottlieb said. “Nor may states deny citizens the right to carry handguns in non-sensitive places or deprive them of the right to carry in an arbitrary and capricious manner.

That’s what is happening today in New Jersey, and we intend to stop it.”

Suit From Second Amendment Foundation Over NJ Officials Gun Permit Denials

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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  • 6 User comments to “Second Amendment Foundation Sues NJ Officials For Gun Permit Denials”

    1. This is a nuisance lawsuit. It should be thrown out of court.

    2. Comment link | Alex | November 23rd, 2010 at 5:55 PM
    3. [...] Township, NJ –(Ammoland.com)- The Second Amendment Foundation (SAF) yesterday filed its case against the State of New Jersey for violating the Second Amendment rights of its citizens in the form of its arbitrary and [...]

    4. Comment link | Landmark SAF Gun Rights Case Against State of NJ | November 23rd, 2010 at 6:13 PM
    5. And just what makes it a “nuisance lawsuit?”

      Rest assured, this lawsuit is as serious as a heart attack.

    6. Comment link | DPW | November 26th, 2010 at 1:40 AM
    7. This law suit is needed. The judicial system in New Jerssy is one of the most corrupt in the nation, especially when it involves false allegations of DV. to seize firearms. Warren and Burlington Counties are at the forefront.

    8. Comment link | violated | December 1st, 2010 at 2:08 PM
    9. [...] “of good character and good repute in the community in which they live,” a vague standard found elsewhere in NJ gun law that is in need of [...]

    10. Comment link | New Jersey to Vote on Flawed “Handgun Purchaser ID Card” Legislation | December 6th, 2010 at 2:56 PM
    11. [...] Self Defense (NJCSD), an in-state Second Amendment rights group, plans to submit an amicus brief in support of the case. “We fully expect the typical anti-gun hysteria predicting Wild West shootouts and streets running [...]

    12. Comment link | NJCSD to Submit Amicus Brief in Landmark NJ Gun Rights Case | December 9th, 2010 at 11:23 AM

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