Citizens Challenge New Jersey Carry Permit Denials

By David Codrea

NRA News Ginny Simone Reporting - New Jersey Justice Again!
New Jersey views the right to keep and bear arms as a curiosity that does not apply within its borders.

USA – -(Ammoland.com)- Judges, court and police officials and the New Jersey state attorney general have been named as defendants in a complaint by two residents denied concealed carry permits, one with threats against his life and the other with high-level security responsibilities. Plaintiffs Israel Albert Almeida and Michael R. Tumminelli filed Monday in the United States District Court District of New Jersey, Newark Division.

“Almeida was an Emergency Medical Technician in the City of Newark for 23 years. Almeida served as the lead medical tactical technician for the Newark Police SWAT team for over 15 years,” the complaint notes. Now a property manager, he had to evict a career criminal and known gang member, resulting in numerous threats to have him killed and to “dump his body on a dead end street to make it look like a robbery.” He “was also the subject of an attempted carjacking.”

Almeida’s request for a New Jersey Handgun Permit was denied, and the judge rejected his appeal, citing among other things, an increased danger caused by carrying a handgun. The judge further engaged in blaming the victim, claiming Almeida voluntarily chose his line of work. And the Sussex County Prosecutor weighed in, saying Almeida “did not meet the justifiable need standard.”

He was left with the only “legal” options being to “shut down his business; conduct his private business in a different manner; or hire a private armed security guard.”

Tumminelli’s story is similarly outrageous. A Department of Defense Program Manager with important intelligence responsibilities for “Top Secret and compartmentalized caveat clearances that allow for highly sensitive information to be retained,” he “is responsible for safe-keeping highly classified documents which make him a target.”

Despite threats that have been documented in official government threat assessments, Tumminelli has also been denied a permit for “failing to demonstrate a justifiable need to carry a handgun.”

Among other issues raised, the complaint charges violations of the Second Amendment And due process. Of counsel on the complaint are attorneys Ryan S. Watson, Stephen Stamboulieh and Alan Beck, familiar to AmmoLand News readers for their filings in the Watson and Hollis post-1986 machine gun ban challenges, both of which are being assisted with fundraising by the Heller Foundation.

A conclusion of interest to all Second Amendment advocates: If two citizens with stellar records of being law-abiding and responsible –and with clear justifiable need — cannot overcome the infringements New Jersey imposes,  the right to keep and bear arms is being effectively denied to “the whole people.” With no repercussions.

The complaint follows. Readers are encouraged to set aside the requisite time to read it in detail, to see how outrageous and in-your-face the denials are.

Almeida Complaint by David Codrea

 

UPDATE: Attorney Stamboulieh advises the group behind support for the Almeida/Tumminelli complaint is Party of Six.

David Codrea in his natural habitat.

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament.

In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.

  • 31 thoughts on “Citizens Challenge New Jersey Carry Permit Denials

    1. WHY DON’T NEW JERSEY’S PEOPLE, ALL BAND TOGETHER AND DO SOMETHING ABOUT OUR UNFAIR GUN LAWS? WE COULD,YOU KNOW! HOW LONG DOES IT TAKE,TO DO SO. TAKE A LOOK AT MOST THE OTHER STATES” SHALL CARRY” GUN LAWS,INCLUDING DELAWARE,RIGHT NEXT DOOR. I CAN CARRY,THERE! WHY? I HAVE A PERMIT TO CONCEAL CARRY FROM UTAH,FLORIDA,AND MAINE. I CAN CARRY IN A LOT OF STATES,BUT NOT IN MY OWN STATE OF NEW JERSEY. I’M 74,HOW MUCH LONGER DO I HAVE TO WAIT?

    2. It doesn’t take a rocket scientist to realize that the average politician ran for office because he/she is to damned stupid to make a decent living in the real world, where they actually have to work for a living and be responsible for their own well fair.

    3. Don’t challenge the unfair issuance of permission slips! Challenge the very concept that you need permission to exercise an natural, secured right!

      The State of Illinois recently was forced by the Federal Court to change it’s law, due to the recent MacDonald decision by the SCOTUS. The State may not totally ban the carry of firearms. The State MUST recognize the right of open carry or must provide for a system of facilitated concealed carry with a view ONLY of preventing criminals, i.e., a Shall Issue law (if you are not a prohibited person, the State MUST provide a “permit”). Illinois recently patterned their law after Texas.

      The very concept of begging permission to carry a firearm on one’s own business is repugnant to me. Constitutional Carry is the Law of the Land under the USC. 11 States are currently Constitutional Carry, although two are being challenged. Guess what happened on each State as they went unrestricted? Nothing! “But criminals might be crying guns now!” Criminals were carrying guns before, Dumbass! The law doesn’t “allow” criminals to carry now, anymore than it did before.

      Wake up!

    4. Sad, But NJ does not move or budge on much , especially on NJ carry PERMIT! I wish I could purchase a gun without a 90 day wait, let alone a carry permit, bought a pistol in central NJ town last summer after a 90 day wait for paper work to be completed! Now one year later to the month I filled paper work again to purchase a 2nd hand gun and its been 55 days so far, made a call and was told ” No paper work is waiting to be completed, we will call YOU when its done” all while if I lived 1.5 miles to the west in PA I would be able to buy a handgun a day on the spot, and be able to obtain a legal carry permit! where is the justice?

      1. You should get in touch with the Association of N.J. Rifle and Pistol clubs, and The N.J. Federation of Sportsmen’s Clubs. The former organization is looking for people like you who have been peed on by their Police Dept. The law reads 30 days, don’t let them BS you. Contact those outfits. they can be found on line or your gun store will know the contact info. Also get a copy of the N.J. hunting or fishing law book that comes out every year, it is free at sporting good stores, Wal-Mart should have them also. The outfits advertise in there.

        1. The trouble is that I have lived in the same township for the last 25 years +, last people I want to put a thorn in is township police dept, wish there was a legal time limit that they needed to obey.I do believe anything over 30 days is to long especially since I just got a permit and purchased a pistol last July.
          I personally refrain from calling just so not to piss them off

          1. 30 days IS the law, they are supposed to process the permit in that time period. That is what the stink is about with the vote coming up. The Demon-Crats don’t want to make the police obey that part of the law. Your other alternative is the State Police, supposedly you can go to them if you have trouble with locals. Don’t let them getaway with the BS.

    5. The judge voluntarily chose his profession as well. I’m wondering if the judge has a carry permit, and if he was required to show justifiable need or if he was merely rubber stamped????

    6. I’ll bet this Judge would get a gun touting guard if he were threatened. We in Jersey are governed by Demon-Crats, who only allow themselves and their friends and big campaign contributors to get carry permits. In other words only the Elites are considered to be worthy of having the right to self protection.

    7. If you are denied a carry permit because you voluntarily chose a line of work that is hazardous, then how exactly does an armed security guard get a permit?

    8. “…the increased danger caused by carrying a handgun.” “Caused”? Well then, for the good of all of the citizens of the great state of New Jersey, all of the police should turn in their handguns. The degree of danger reduction would be almost unmeasurable. It it saves one life….. /sarc

    9. This is not the only such action. Another of note is SAPPA…a RICO suit against the entire NJ govt for denial of Constitutional rights. I have followed it, and you should see the shenanigans by the AG office and court system. NJ is corrupt to the core.

    10. What can any 2nd Amendment advocate say about this grave injustice. I do have a slightly different slant on this: If you relate this court action to another less lethal issue, pan-handling, it might clarify how the liberals believe they can create a utopia… which of course is impossible at this stage of human history. Bethesda Maryland enacted removal laws very similar to the laws created for Vagrants. It empowered the Police and Courts to remove pan-handlers that were disturbing higher-functioning citizens from the city limits, essentially dumping them at the outer edges of town. In other words, making it the other cities’, states’, or countries’ problem. They seem to be saying: “If you want to defend yourself by carrying a gun… move.” If every municipality does that… well, it is obvious what will happen. The Founders of this great nation never wanted to disarm the population, it was just the opposite. They knew that we would fight to take things for a long time to come… nothing has changed yet.That is why we need to define the 2nd Amendment in a way that does not limit us to carrying a musket while shopping for meat at the local supermarket. I also recommend that we send free copies of The Federalist Papers (Hamilton, Madison, and Jay) to everyone possible. We were born too late to write this great collection of essays, but it is the greatest, single glimpse into why the newly formed Federation ratified our Constitution.

    11. We’re going to have to take one step at a time, and the first step is necessarily — given the political realities — going to be very modest. . . . [W]e’ll have to start working again to strengthen that law, and then again to strengthen the next law, and maybe again and again. Right now, though, we’d be satisfied not with half a loaf but with a slice. Our ultimate goal — total control of handguns in the United States — is going to take time. . . . The first problem is to slow down the number of handguns being produced and sold in this country. The second problem is to get handguns registered. The final problem is to make possession of all handguns and all handgun ammunition-except for the military, police, licensed security guards, licensed sporting clubs, and licensed gun collectors-totally illegal.

      Richard Harris, A Reporter at Large: Handguns, New Yorker, July 26, 1976, at 53, 58 (quoting Pete Shields, founder of Handgun Control, Inc.) (boldface added, italics in original).

      http://www.gunscholar.org/gunban.htm

      1. And this will apply ONLY to honest citizens with CWL and NOT to the goblins who don’t belong to the NRA,who don’t have CWL,who don’t get their guns legally, who are doing ALL the shooting/crime, and who are members of the democrat voting base. You, sir, are a complete idiot living omn the wrong side of reality.

        1. I think you missed something in the post by trumped. His post is a quote of Pete Shields, not his own opinion. At least that’s the way I read it.

      2. It is really sad. Two well-educated individuals standing next to each other and using the politically charged words “assault rifles” just to get the public riled. Sad. I am writing about President Obama and Joe Biden. Shame on them. Mr. Biden is a gun advocate with military experience. Mr. Obama is a well educated individual that has as many advisors as he needs. Do they want us to believe that nobody told them the terminology they are using is incorrect? They must think most of us, enough of us to get elected, are just plain ignorant. Shame on them. Anyone who wants to re-write this with all kinds of bad language is free to do so, but remember, that is not the best way to win.

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