New Jersey Pays Big Money In Lawsuit Over Firearms & Open Records

New Jersey Pays Big Money In Lawsuit Over Firearms & Open Records
From left to right: Richard Gutman Esq, NJ2AS President Alexander Roubian, Past NJ2As President Frank Fiamingo, and Legislative Director Robert Barush
New Jersey Second Amendment Society
New Jersey Second Amendment Society

New Jersey –  -(Ammoland.com)- In an unprecedented (partial) victory the New Jersey Second Amendment Society (NJ2AS) was awarded $101,626.59 for legal fees stemming from a lawsuit we filed against the State in 2011.

This is the first time in New Jersey history that the State had to write a check to a Second Amendment organization for legal fees, and living up to our reputation we will continue to fight until we receive a full victory!

This brings up the question why was this a partial victory?

In March of 2011 on behalf of the NJ2AS, Legislative Director Robert Barush and past NJ2AS President Frank Fiamingo filed an Open Public Records Act (OPRA) request from the NJ State Police for a copy of the most recent version of the Firearm Investigative Guide. The NJSP denied the Society access to the guide on the grounds it was exempt due to being “investigative techniques or procedures” per N.J.A.C. 13:1E-3.2(a)(3).

This was the foundation of the lawsuit and at that point we retained attorney Richard Gutman who specializes in First Amendment and OPRA lawsuits. Since 2011 the case has been active and in 2015 the court partially sided in our favor by providing a redacted version of the guide and awarded the NJ2AS court costs and reduced attorney fees which was $101,626.59.

We appealed that decision and will be fighting for the remaining attorney fees as well as the full version of the Firearm Investigative Manual!

However, the State decided to pay the awarded attorney fees immediately to prevent paying interest on the award since we appealed it.

We are not stopping here, however, we need your help! The NJ2AS is solely funded by membership dues, donations, and sponsors. Please help defend your rights by visiting: https://www.nj2as.com/donate1/

Unlike the anti-gun unAmericans who are funded by billionaires like Michael Bloomerg, we need your help to keep pushing forward and use this momentum to file several more lawsuits we are working on. I hope we can count on you to make that a reality,,, I promise we will not disappoint you!

Sincerely,
Alexander Roubian
President

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

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5WarVeteran

@chuckfab M You took me for a walk down that lane too! I remember walking to Rouses with a quarter and doing the same. Then on past the grave yard and up the mountain to hunt. I also remember going to the 5 and dime with a quarter getting a nice bag of mixed candies for a dime and going to the Oriental for a triple header of The Wolfman, Frankenstine, and the Creature from the Black Lagoon… Now it is $7.50 and no candy… But then we also walked miles to cross the bridge to go to the theater.… Read more »

5WarVeteran

Why aren’t ALL the comments displaying? I receive n otifiations but when I follow the supplied link they are not here?

Vermont Patriot

I was born and grew up in Joisey. After school, after WAKLKING home, we’d take our little 22 a few blocks up the street to the field and the woods beyond. There we proceeded to take a few shots at selected tin cans, logs, and an occaisional squirrel. SInce ammo was expensive ($.29 for a box of shorts) and our limited allowance of $.25 a week, we limited our shooting. None of the neighbors we passed on the way up or back had heart attacks. My how that state has changed. I hate to even have to drive thru it… Read more »

Chuck M

@vermont patriot, your bringin back some good memories from when I was just a young lad myself, walking the mile down the old country gravel road with a shotgun over my shoulder headed out to meet a buddy to do a little pheasant hunting, but first stopping at the clover farm store to spend most of my weekly allowance of $1.00 per week, and at that time candy bars were five cents, and that was the big bars, not the crap they sell now, but the lady who ran the store knew all of us, and would give us six… Read more »

5WarVeteran

Consider the stated around Washington DC. Look at them and then look at their stances regarding the Second Amendment and personal rights. See where I am going with this? Those stated and their stances are in direct relation to their location. Those states are the buffer zone for Washington DC security. Call then what they are, the DMZ for the criminals in DC. You know damned well the politicriminals in DC are scared. They know they have worked IN UNISON against the sovereignty of America. They KNOW the people are clamoring for a reckoning and they are doing their best… Read more »

munchie

I am wondering if folks in NJ, CA ect would not be better off if they all filed a class action suit against the state for violation of rights? https://search.cga.state.ct.us/dlps99/rpt/htm/99-R-0078.htm

Eaglesnester

Why is NJ allowed to clearly usurp and negate 2nd amendment rights? It clearly states, “Shall not be infringed.”” N.J, clearly has and is allowed to violate the Constitution of the United States. I would love to see the politicians responsible for their Constitutional violations prosecuted, tried, convicted, and imprisoned for crimes against the people and the United States which are one in the same. Why has this been allowed to continue. It is time for we the people to rise up and run these asshats out of town like the founders of the Republic would have done to the… Read more »

FrankInFL

If you all would stop voting for weak-kneed, rubber-spined, fair weather friends (Republicans) and put your votes on the LP candidate, we might have an Attorney General who would drag those usurpers into federal court charged with malfeasance in office instead of having to fight the battle in civil court.

But, nooooo. The LP can’t win!

If everybody who voted Republican because the LP can’t win instead voted LP… they’d win. How many times do you have to wipe the Vaseline off your ass before you figure it out?

Meh..

The best thing about NJ is seeing in my rear view mirror as I leave it.

Phantom Phlyer

Why the attack on this organization? Every victory is another step forward however small it may seem at the time. So NJ sucks okay. Congratulations on Flying over the Antigunners Cookoo Nest. LOL I am originally from MA before it was the repressive socialist regime and seceded from the US and the Constitution. 🙁 Live in SC now, formerly in GA both are 2A states. SC has it in its state constitution. Every victory and every verdict in our favor sets a precedent. Remember the anti-guns nuts move one small step at a time using the frog in the cookpot… Read more »

3rdAFCrewChief

The 2nd Amendment in NJ? Really? Where? When I lived in NJ and wanted to purchase a hand gun I had to jump through so many hoops including providing 3 references who had to write a letter on my behalf and send it to the NJ State Police for review.. All of this so I could own a hand gun to protect myself, family, and property ONLY inside my house. When I left my house I left without any self protection other than my cell phone to dial 911, and we all know about call response time and hand gun… Read more »

Russell Vanden

Cops and bad guys can carry!!!

truckeral

Sometimes one in the same.