NJ22AS Files Appeal to Force State Police to Disclose Gun Documents

New Jersey Second Amendment Society
New Jersey Second Amendment Society

Manahawkin, NJ –-(Ammoland.com)- On Wednesday January 4, 2012, Rick Gutman the attorney for the New Jersey Second Amendment Society (NJ2AS) filed an appeal with the NJ Appellate division in its lawsuit against the NJ Division of State Police.

This case revolves around the state’s refusal to allow lawful New Jersey residents reasonable access to documents which directly impact the processing of their applications for Firearms Identification Cards and Handgun Purchase Permits.

After receiving numerous complaints from applicants who were subjected to extended delays, intrusive forms and other requirements that clearly go beyond what is allowed by law, the NJ2AS took decisive action.

A formal Open Public Records Act (OPRA) request for access to the NJ Division of State Police Firearms Applicant Investigation Guide was filed on March 14, 2011. A week later this request was summarily denied. Attorney Gutman then filed a lawsuit requesting that an “order to show cause” be served on the NJ Division of State Police to explain why they refused to allow access to what should be considered a public document. The order to show cause was served on May 6, 2011.

After multiple delays by the state’s attorney general’s office the case was heard by Judge Douglas Hurd in the Superior Court of New Jersey in Trenton on December 2, 2010. Unfortunately, Judge Hurd ruled against the NJ2AS. The judge’s decision was based in part on the exemption which the Division claimed under Governor Christie’s Executive Order #47. Part of this order exempts certain governmental agencies from having to reveal Standard Operating Procedures (SOP’s) no matter how innocuous. The NJ2AS’s request for access was also denied under the Common Law Right of Access (CLRA) which balances the plaintiff’s right to access against the state’s perceived need to protect the public interest.

The NJ2AS contends that there can be no threat to the public interest in exposing the contents of a guide designed to assist municipal authorities through the convoluted process of granting a NJ resident a Firearms Identification Card or a Permit to Purchase a Handgun. Every applicant must submit to a thorough criminal background check as well as a mental health check. They must be fingerprinted and have their fingerprints checked through an FBI database. The Society believes that nothing in the guide could possibly disclose any way to circumvent this rigorous process.

The NJ2AS also contends that the entire process is redundant since a handgun purchaser must submit to an FBI National Instant Criminal Background Check (NICS) at the point of purchase. The antiquated NJ Division of State Police processing was designed at a time before this more efficient national process was developed. New Jersey’s system has since become a slow, costly and redundant relic in light of this newer computerized system.

“If the state insists on continuing the use of this inefficient system of processing applications,” states Frank Jack Fiamingo, the founder and President of the New Jersey Second Amendment Society, “New Jersey residents must have access to the guide in order to ensure that they are not being subjected to tougher standards then residents in any other part of the state. We have received numerous complaints from our members as well as members of the community at large that they are being treated unfairly. For instance, we have identified more than 25 NJ municipalities that have introduced additional forms which are specifically disallowed under the NJ firearms statutes”.

In addition, Fiamingo indicates that he has received countless complaints of delays in processing that range from several months to over a year. According to the statutes, these applications should be processed in no more than thirty (30) days.

The New Jersey Second Amendment Society is dedicated to restoring and preserving constitutionally protected right to keep and bear arms (RKBA) for legitimate purposes

  • 3 thoughts on “NJ22AS Files Appeal to Force State Police to Disclose Gun Documents

    1. @ Anthony Massey…heres some advice: MOVE out of the communist state you currently live in. No matter what you have to give up MOVE! If your family means anything at all to you MOVE!

    2. I’ve finally built up enough will to go at it again. I’m an upstanding citizen who’s been denied TWICE with no explanation.
      1st attempt was in Piscataway NJ (Middlesex County) Paid $$Fee submitted all paperwork, properly and neatly filled out…… It would take over 2 years for them to deny me. I called and called always getting the run around. This excuse and that excuse…
      2nd attempt was in my current town, Somerset NJ. Once again but with even a more carefull eye and hand filled out everything, and had to pay an even higher Fee, Just for them to take over a year to deny me once again! As before I called and called wanting to know the status. I was always kind polite but it didn’t matter, I have no reason why they should could or did deny me,. Nothing that they could say..”Well its because of this or that you were denied” So they just stall and stall until I can’t handle it anymore and give up. I think about target practice every day, how far will be to far? Going over the variables breathing, stance, grip, trigger tension, Cal. Grain…you get the point. It truly a love! I hope I’m able to one day shoot competitively. I’m unable to practice unless I call someone, to go on there time, Which usually leaves me no other option then go to the wall of agony. Sunsethills Shooting Range in PA. 2hrs each way.
      This isn’t even mentioning the guilt and torment I’m faced with daily, not being able to protect my 2 boys, wife, mom & dad our (family) Should an attacker invade our home, And for those that say…ohh your exaggerating.. Not even a year ago, a man entered the house directly across the street form ours, through a basement window. The wife was home alone up stairs on the cordless phone, with nothing but a little nighty on! Stepped out of there bedroom door and rounded the corner to head downstairs when she was confronted by the masked man heading up the stairs. The only exaggeration here is what if it were you!! Or your wife, Your Mother…Your daughter. Do you know how traumatizing that is!! Its unfair the family was forced to move. What drives me @($)( crazy is If I want to protect my family or give them the god deserving right to protect them selves, God for bid something happpens cause I would still go to jail for years for having no NJ Fire Arm’s Permit. How crazy is this. I’ve done everything they’ve asked me! TWICE I can’t gamble my sons loosing a father, a wife her husband, parents who depend on a son.
      This victimizes families all over, So I’ve built up the will, and saved the funds for what is probably an even larger fee which will now be hundreds of dollars spent in filling fees.
      But lets hope 32 years with no trouble means a little more. Well actually I’ll be 33 in a few days. So anyone with advice please email anthonyemassey#gmail.com

    3. Hmmm

      The 2nd amendment states:

      “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

      background checks, massive paperwork, delays, finger prints. These are all “infringements.” The second amendment is an inalienable right people. It is not a privilege. However the government has illegally infringed on your right to bear arms. If you have to ask then is not a “right” and clearly in every single state in the United States you have to ask permission from the government to purchase a fire arm. Having to ask permission is a direct and blatant violation of the Constitution no matter what the courts have “ruled”. It is the same as “free” speech zones outside of which you don’t have free speech. People the government has torn up the Constitutin and the Bill of Rights…..

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