The New Jersey Second Amendment Society Sues the NJ State Police
New Jersey –-(Ammoland.com)- Earlier this year, the New Jersey Second Amendment Society initiated Operation Establish Compliance (OEC).
The objective of this campaign is to bring all New Jersey cities, towns and municipalities into compliance with the standard procedure mandated by the State for the processing of licenses and permits such as the Firearms Identification Card and Pistol Purchase Permits.
We keep hearing complaints from our membership and others that many of these entities were operating far outside of the two forms and fingerprinting required by the State. Given that the State Statues do not allow for additional requirements in the processing of these items, we decided to investigate the reasons behind these discrepancies.
We were astounded to find the extent to which some towns exceeded these basic requirements; such as asking for referrals from an employer or family member, or taking six months or more to process a permit for which the State only allows thirty days. These towns insist that they are operating within the bounds of the current statutes. If that is the case, perhaps the reasons lie elsewhere. In an attempt to uncover the reasons for these gross discrepancies, we requested a copy of the guidebook, which the New Jersey Division of State Police disseminates to the local police departments with regard to the processing of these applications. Our request was summarily denied.
We then filed a formal request for this document under both the Open Public Records Act (OPRA) and the Common Law Right to Access Public Records. These requests were also denied.
As a result, we filed a complaint with the Superior Court of New Jersey in Mercer County on April 27, 2011. On April 29, 2011 the Superior Court issued an Order to Show Cause to the NJ Division of State Police as to why this document should not be released to the NJ2AS.
We are being represented in this matter by Attorney Richard Gutman of Montclair, NJ. Richard is a very well respected and highly successful First Amendment and OPRA specialist. Once this matter has been decided we plan to continue our efforts to bring the worst offenders into compliance. We are prepared to initiate further litigation if that should become necessary.
For further information and updates, please visit our website at www.nj2as.com or you may email Frank Jack Fiamingo at [email protected] or phone us at (609) 848-0507
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