Pro-Gun Group Wins Lawsuit Against New Jersey State Police

NJ2AS Wins Lawsuit Against New jersey State Police
NJ2AS Wins Lawsuit Against New Jersey State Police

New Jersey – -(AmmoLand.com)- Today, New Jersey Second Amendment Society received Judge Hurd's order denying NJ's motion for summary judgement, granting NJ2AS' motion for summary judgement, and subsequently ordering the State of NJ to provide New Jersey Second Amendment Society with unredacted copies of Attachments A, B and C to the 2005 New Jersey State Police Firearms Applicant Investigation Guide within 30 days.

It has been 8 years since we first filed our lawsuit to gain access to the guide. Here are some of the highlights:

  1. NJ2AS compelled NJ to admit that the guide is the Standard Operating Procedure (SOP) for all municipality police departments regarding the processing of firearms permit applications and the issuance of permits. This proved invaluable during Operation Establish Compliance, where NJ2AS was successful in getting nearly 30 separate townships to drop their illegal additional requirements and, in the process, our undercover videos and recordings caught the attention of the Christie Administration and eventually led to FARS, NJ's automated permitting system.
  2. During our first appeal, NJ2AS, remarkably, in conjunction with the ACLU, was successful in forcing the State of NJ to revise its regulation exempting Law Enforcement SOP's from disclosure under OPRA. The regulation was a component of the codification of Governor Christies' Executive Order 47. The regulation was revised to only exempt SOP's or parts of SOP's that would cause harm if released.
  3. New Jersey Second Amendment Society lost at the superior court level and was denied the entire guide, but then won on appeal. The case was remanded back to the original judge with instructions to give us a redacted copy of the guide, based on their ruling and the new regulation. NJ2AS was awarded over $100,000 from the court for legal fees.
  4. Back at the superior court, the redactions were in two parts. The first part was content deemed to be investigatory in nature, and therefore exempt from OPRA. The second were the attachments which were letters from the AG's office containing guidance. These letters were deemed to be “attorney client privileged” and therefore, exempt from OPRA.
  5. NJ2AS appealed. The “investigative procedure” portion was upheld and the “attorney client” portion was remanded back to the superior court.
  6. At our third appearance at the superior court level, Judge Hurd, out of patience and unwilling to be overturned a third time, granted our motion for summary judgement.

If anything can be learned from our recent victory, it is that NJ2AS absolutely will not stop, ever, until all unconstitutional infringements on our right to keep and bear arms in NJ are gone. We will seek out and expose every violation, every person who is complicit in those violations and every government entity that participates and/or covers them up. We will bring into the light the negative impact of NJ's poorly worded and over-criminalized legislation. We will use any and all legal means available to do so.

Pro-Gun Group Wins Lawsuit Against New Jersey State Police Ruling
Pro-Gun Group Wins Lawsuit Against New Jersey State Police Ruling

The State Police now has 30 days to provide NJ2AS the attachments in unredacted form. We will share them as soon as we receive them.

Please click here for the two guides we have been provided:

Please join, renew, or donate to NJ2AS so we can continue the fight! Anyone that joins, renews or donates will automatically be entered into our gun giveaway! We will be giving away a Modern Materiel AR15 from our sponsor Modern Materiel! Also, the winner of this rifle will receive a free 3 Hour training session from Joe Savio of Modern Materiel/G S T, where they will learn the safety and operation of the AR15.

Anyone who donates $20 or more will be automatically entered into the giveaway. Also, anyone becoming a proud card-carrying member of NJ2AS or renews their membership will automatically be entered into the giveaway. All NJ2AS Frontline donors will be entered into each giveaway automatically. Current Frontline Donors have already been entered into the giveaway.

Enter the giveaway by clicking here to become a member or donor!


About the New Jersey Second Amendment Society:New Jersey Second Amendment Society

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.org

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    TionicoMike HnrringleeWild BillDave in Fairfax Recent comment authors
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    Leonard Martino
    Guest
    Leonard Martino

    Brennan people who advocate for draconian laws (remember Prohibition) without any understanding or knowledge scare me. Did you know that in the run up to Prohibition at least fifty tons of propaganda calling for banning liquor (and jailing people who would not comply I assume ) were cranked out every month by a dry organization. Gun haters cry like babies that Congress is dominated by pro gun forces yet they spew forth Pravda-grade propaganda with no regard for the facts, they are. 1. Too stupid to use rational logic 2. Don’t care about facts and or logic as long as… Read more »

    m.
    Guest
    m.

    anti-2a d-suckers: fu, tell someone who gives a s**t

    codenamedave
    Guest
    codenamedave

    Reminds me of California: It’s so sad that little league wins over administrative details like this are touted as major victories. Every bit helps, I suppose, but dang 8 years and how many dollars just to get the reasons for your denial explained seems crazy.

    Dbrennan
    Guest
    Dbrennan

    It takes a special kind of stupid to think criminals are going to obey gun laws

    Dan Fryling
    Guest
    Dan Fryling

    Cookie those so called assault weapons can save your life. When anarchy strikes such as riots there is no one to protect you but yourself. Those evil AR 15s come in real handy. Back when the LA riots broke out over Rodney King many of the Korean Store owners were able to save their property and their lives because they had AR 15s. No one has the right to interfere with my 2nd Amendment rights.

    Tionico
    Member
    Tionico

    Didjya read recently about the young chap who was minding his own business in his own livingroom when five armed thugs kicked in the front door and commenced to rob the residents? One resident distracted them a bit the young chap retrieved his AR pattern rifle AND the THIRTY round magazine, and began shooting at the intruders. He caught the intruders by surprise as he began firing on them. He hit one, dropped him, hit another as the third began returning fire. Two turned tail and ran back out the door….. Homeowner hit the second perp with a few more… Read more »

    james
    Guest
    james

    I did not need anyone but myself to obtain my concealed permit in North Carolina.
    Why is NJ requiring an applicant to have character references? Like I’m not going to bring my BFF”s with me?

    NJ residents have no right to protect themselves while criminals do their thing.

    James Allen
    Guest
    James Allen

    And this is just to buy a gun!! Forget about carrying it.

    Joseph Leonard
    Guest
    Joseph Leonard

    References, 3 of them, are also required in Suffolk County New York. That plus a detailed questionnaire that asks you to list every place you have lived and every place you have worked in you lifetime and an interview by a police officer at the pistol license bureau. It’s a circus.

    m.
    Guest
    m.

    sorry for u patriots, but fu ny goober-ment. citizens have to justify themselves to useless a**holes?

    Kevin O'Neill
    Guest
    Kevin O'Neill

    It can’t be worse than NYC… though, I suppose that it could be almost as bad.
    The only place to apply is at 1PP. A tiny office with probably one liberal-suck-a$$ cop deciding if he should even take your application. I’m retired NYPD and every time I needed to purchase gear I walked past that one door I thought about how pathetic the process was. 95-13.

    Kevin O'Neill
    Guest
    Kevin O'Neill

    Kevin again,
    I was also a Florida deputy sheriff (until I was fired for a L.O.D.I.; trust me dont fall for that “Florida Dream” – absolutely zero protection here, coupled with the fact that they all hate NYPD cops and will eagerly arrest you for disorderly conduct).

    John Leyzorek
    Guest
    John Leyzorek

    For Cookie, please learn from a little history. How do the numbers of people killed by random violence compare with the numbers killed by their own governments? Organized power has proven incalculably more dangerous than random violence, which is the whole reason why individuals must never let themselves be deprived of the means to resist it.

    joef
    Guest
    joef

    Why do all you anarchos who live in rural cup cake land come up with this drivel. It’s easy to pontificate from afar when you don’t suffer the consequences, but if you lived next to the urban hood, you would realize : a) its not random violence, but ubiquitous violence against others in the most intentional way, b) and the numbers by far supersede anything else described in anarcho fantasies, with five American cities included as the most violent in the world (that as compared with cities in third world nations & failed states). While anarcho complain about nonsense, the… Read more »

    Mr. Bill
    Guest
    Mr. Bill

    Your statement reinforces the one you object to.
    Do you really think reducing the law-abiding population to government dependency for their personal safety is by accident?
    What’s the end game to disarming the voters while allowing them to be victimized?
    The ability to remove the rest of the Bill of Rights.

    Charles Moore
    Guest
    Charles Moore

    EVERY one of the high-crime/problem cities that you refer to are run by the people that YOU and others like you vote for. All are Democrat-run. If you get your stats from DOJ, FBI, CDC, etc. and NOT from Bloomtwinkle, Sarah Brady, Shannon Watts, Alyssa Milano, Cher, Obama, MSNBC, Madonna, CNN and such vindictive, hateful, brain-rotted mental midgets, you just might learn that we currently rank about 22nd of 23rd on the “violence list.” If you take out 11 counties or 22 cities in the U.S., we are about 3rd or 4th FROM THE BOTTOM. Have you seen all of… Read more »

    nrringlee
    Member
    nrringlee

    In one thing you are correct and you don’t even realize it. Progressive public policy has been the direct cause of cultural and social collapse within the urban (read black) communities you reference. So now you want to impose more failed progressive public policy on the rest of the nation. The rest of the nation has resisted and that is why we red zone folks do not suffer the ills you all suffer in your progressive utopias.

    BILL
    Guest
    BILL

    I grew up amongst neither Democrats nor Republicans ( I’ve since learned that they’re actually both the same), I grew up, and was raised by just people who do not trust the government. I have since been forced to move to Maryland, to an area that’s supposed to be a bastion for good, honest, country people who are independent and hard working, the Eastern Shore. Maryland has been violated as much as a $2 whore but they cant seem to come together for anything, not even something they claim to cherish as much as their freedom, they’re too self absorbed,… Read more »

    John
    Guest
    John

    Bill please check out and join Maryland Shall Issue, who is fighting for 2A rights in Maryland.
    https://www.marylandshallissue.org/jmain/index.php

    Paulette Rembert
    Guest
    Paulette Rembert

    In NJ I was denied my application for a firearm permit. The reason that they denied me because I made 52 calls in 37 yrs. to report suspicious activity to the police. I passed all criminal, mental and standard background checks. Because I was denied a firearm permit it created a record that would deny me the right to bear arms in every other state. I hired an attorney at $1,500 and it took one additional year to finally get my NJ Firearm Permit. No one should be denied 2nd Amendment for “Neighborhood Watch” because the police are paid to… Read more »

    James Allen
    Guest
    James Allen

    It’s definitely a bit nutty to keep calling the police every time you see your own shadow. But by no means should that disqualify you from owning a firearm, assuming you don’t have any other disqualifications. The fact that they used that as an excuse to deny you shows how rogue and how criminal and how willing to operate outside the law our local police departments really are.

    Gary S.
    Guest
    Gary S.

    I would like to see what they said if you were requesting a CCW???

    Tionico
    Member
    Tionico

    I’ve called my local sheriff a few times in the thirty years I’ve lived here. EVERY TIME they respond quickly and deal with the situation. They also take the time to thank me for involving them. They ARE here to serve. And they are not pigheaded enough to think they are the be all and end all. They know they work for us. Our sheriff has been reelected at least twice, crime rates are way down in this county. When I needed to renew my Mother May I Card, I had it in about a week in the post. Friendly,… Read more »

    Guesty McGuesterson
    Guest
    Guesty McGuesterson

    My take away from your statement was that the police were maintaining your call records for almost four decades. What the hell?…they actually keep minor stuff like that on file forever? Gimme a break.

    Next time, use a pre-paid Tracfone from Walmart and make an anonymous call.

    Rock R
    Guest
    Rock R

    You have done nothing wrong and if you could get someone to sue them, you should… What it shows me is that the police don’t want to be bothered and that they don’t care about the people they are supposed to be protecting…. OR in fact they feel they don’t want or need to protect you…. Excellent case for self-defense, the cops are only there to follow up AFTER the fact and not to DEFEND anyone… YOUR “DEFENSE” is up to YOU !!!!! It is now, always has been and always will be !!!

    Eileen A Leadbeater
    Guest
    Eileen A Leadbeater

    Thank you NJ2AS!
    WELL DONE.

    Michael Desider
    Guest
    Michael Desider

    I got my first gun when I was 3 I shoot my first gun when I was 7 a 22JC Highins I still have it. I grew up in Lakewood and remember the reason Lakewood was the summer home to the extremely wealthy ( Rockefeller Guild Ford ect.) How our country has changed. Just like Lakewood. Not very good. Just think what will happen in the future if the left isn’t stoped.

    Cookie
    Guest
    Cookie

    I am a responsible gun owner, purchased solely for my protection. I am against lenient laws, rules and regulations allowing individuals to possess firearms other than a pistol or rifle (for hunting). There is no place for any automatic weapons other than law enforcement or the military. I had a background check conducted, witnesses vouch for my character regarding stability and gladely waited until all was processed and approved. This is the only way I believe gun ownership should be allowed and any laws protecting this should be retained. It is the only way I feel secure regarding the process… Read more »

    Roy D.
    Guest
    Roy D.

    Good for you Cookie. I bought my first gun, a H&R 949, when I was 13. I didn’t do any of that stuff you mentioned. I also bought M-80s, Cherry bombs and Silver Salutes by the half gross every Fourth of July. It was a different country back then.

    Ron
    Guest
    Ron

    Your both Kookie (Roy D and Kookie)

    Dave in Fairfax
    Editor
    Dave in Fairfax

    Ron, Gotta disagree.
    Cookie t is an ignorant, possible gun owner, Roy is just a guy who grew up in the free US.
    I grew up in the Mid-West, proud to be from Fly-over. EVERYBODY celebrated the 4th exactly as Adams said it always should be celebrated. We all had guns from childhood and were taught to use them safely. Hunting is important and so is protection. Against any threat.

    Wild Bill
    Guest
    Wild Bill

    @Dave in Fairfax, Growing up free is a really good point. The first rifle I ever bought was single shot, bolt action, .22, and the only paperwork was a receipt for cash. On the way home on my bicycle, I stopped at the hardware to buy ammunition. The hardware store man suggested that I get .22 shorts. The only paper work was a receipt for a cash transaction. I was seven. On my 17th B-day, my dad determined that I was mature enough to buy a pistol, and gave me permission. Went to the hardware store and bought a .22… Read more »

    Wild Bill
    Guest
    Wild Bill

    “… .lenient laws … regulations allowing … no place for automatic weapons except law enforcement (to use on the civil population?) … vouching … checking … (more) allowing…” A slave with no rights mentality, Doubt that she owns a firearm and is certainly not responsible. Ceding other peoples’ rights away is not responsible because that is how the cookie crumbles.

    Mike H
    Member
    Mike H

    Great pun! And an accurate assessment to boot.

    it's just Boris
    Guest
    it's just Boris

    You are certainly entitled to your beliefs and your feelings.

    You are certainly NOT entitled to restrict my, or anyone else’s rights, based on your feelings and beliefs.

    Stonie
    Guest
    Stonie

    Amen,oops they will probably get after our rights as Christians too.Redactively speaking

    Tim
    Guest
    Tim

    Automatic weapons are already illegal for most and highly regulated. I’m surprised you mentioned them seeing as how you went thru the purchasing process.

    Kevin O'Neill
    Guest
    Kevin O'Neill

    Exactly! Thank you! I was about to go on a Cookie rant…
    LOL… Let morons be morons.

    James
    Guest
    James

    I am a retired trained military person and have police experience. I am trained on carrying weapons at all times. I have had concealment permits in previous states, but was discouraged to apply in New Jersey by local police because it will not be approved. New Jersey is restrictive on those responsible who follow laws. This allows crime to flourish by those who do not follow laws.

    Really ck
    Guest
    Really ck

    That’s New Jersey……the administration thinks that it’s citizens are incapable to think for themselves are are mere idiots….

    Edward Weber
    Guest
    Edward Weber

    The politicians are just trying to protect their criminal relatives.

    Curt
    Guest
    Curt

    Cookie, you are an idiot and a Fudd.
    Do some homework to locate the word “hunting” in the 2A and then research what the 2A means, moron.

    Baldwin
    Guest
    Baldwin

    What it means and WHY it is in the Bill of Rights.

    Curt
    Guest
    Curt

    Cookie, I forgot to mention, the hell with your feelings. Maybe you need a safe place to hide your head in the sand or up your ass.

    Heed the Call-up
    Guest
    Heed the Call-up

    Cookie, go talk to Carol Bowne about how the New Jersey laws on firearms keep innocent people safe by delaying their permits to purchase firearms. You will have some difficulty doing that, she was killed in her driveway by her ex-boyfriend who stabbed her to death – so much better than if he used a gun or if she had been “allowed” to have a firearm. The police were able to arrive just in time to review her home security camera footage of her being slaughtered. That same department also illegally delayed issuing her permit past the legal time to… Read more »

    Jake
    Guest
    Jake

    The BEST reply and/or statement I’ve EVER read!!

    James Allen
    Guest
    James Allen

    The problem is not the laws, but the corrupt police departments who violate those laws every day. The law states exactly what must be done in order for the police to approve a firearms application. But police departments give out firearm permits whenever and if ever they damn well please, because they know there are no consequences for violating the law. If you want to have a law that makes you apply for a gun permit and says you get it in a month, OK, well that’s a bit harsh, but how do we get the corrupt cops to stop… Read more »

    Old salt
    Guest
    Old salt

    Automatic weapons that is machine guns have been outlawed since 1934 except under very restrictive circumstances. I live in New Hampshire where we have practically no gun laws nor do we have any crime

    Oldvet
    Guest
    Oldvet

    @Old salt…Would you be required to get a license for your hands and feet if you took a martial arts class ? Would they be fully automatic assault weapons and would you be required to lock them up when you were not out assaulting someone?

    Jeffersonian
    Guest
    Jeffersonian

    Carol Bowne could not be reached for comment.

    Mr. Bill
    Guest
    Mr. Bill

    Cookie, you don’t get it.
    At this point, one has to concede that if the military were turned against the citizens there is no hope. Despite the extreme impact the likelihood of such an event is relatively low.
    The RISK is the power of Federal Agencies which the SCOTUS failed to meaningfully curtail. Those agencies have a significant likelihood of being misused against the citizenry.
    Any weapon or defense system in possession of a non-military Federal agency should be in the possession of the general public without tractability by the agencies.

    Oldvet
    Guest
    Oldvet

    Troll warning !!

    OICU
    Guest
    OICU

    You sound like THE Green Watch Mutt incarnate .

    Mark Hopkins
    Guest
    Mark Hopkins

    You very obviously don’t understand anything about the Constitution or the Bill of Rights, Cookie. You fail to understand how and especially why this country was founded. Only “government officials” and their boot lickers are ever “reasonably safe” in a totalitarian regime, which you are advocating. The communists (democRATS) in this country want to totally disarm ALL law abiding citizens so they can enforce complete control over their “subjects” (slaves). You need to educate yourself on human history and the history of totalitarian type “government”.

    pigpen51
    Guest
    pigpen51

    Cookie, I read some of the responses to you, and feel like I should apologize for things that were said to you, by other gun owners. It is never right to speak so badly to someone who simply has a different opinion than you. If you had attacked someone, that would be a different thing. If I may, I would like to address the body of your post. You think it is the proper way to allow a gun purchase only by first having a background check, and then having witnesses vouch for your character. And then a waiting period.… Read more »

    Wild Bill
    Guest
    Wild Bill

    @pigpen, thank God that you and sugar cookie have no power. I hope that you both live in big cities.

    Huapakechi
    Guest
    Huapakechi

    What happens to you and your guns should ANYONE decide to charge under the “red flag” laws for whatever reason? “Automatic” weapons are effectively outlawed. Only those manufactured or registered before May 19, 1986 are “legal” and those require a stringent background check, taxes, and inspection by agents of the batfe (those same fellows who ran the “fast and furious” gun supply to mexican drug gangs). Background checks, wait periods, witness testimony, and nebulous “need” requirements are a direct violation of the Second Amendment’s clear language, and have resulted in more than a few deaths. Having fired full auto weapons,… Read more »

    Gary S.
    Guest
    Gary S.

    I think your confused, we haven’t been able to possess automatic weapons in a very long time….. but no one here is talking “lenient” gun laws. Tell you what, don’t stop for gas the next time you go to shoot, even if your guns and ammo are all locked up in storage boxes, separated as possible . In NJ that can get you a felony. Gotta go to and from without stopping.. yup, that’s lenient.

    NightWhisper
    Guest
    NightWhisper

    You’re not a ‘gun owner’ – you’re a serf. Please stay out of my state, and keep defending the Police State you so obviously deserve.

    D brennan
    Guest
    D brennan

    Wow people like you scare me

    Tionico
    Member
    Tionico

    “should be allowed”? No, Cookie, yoi’ve got it backwards. MUST NOT BE RESTRICTED is correct and proper, and the law of the land. You are a subject of your overlords, based upon YOUR attitude about the whole thing. Remember, the REASON our war to throw the yoke of King George’s tyranny began was that King George had issued orders to his underling tyrant in Boston to DISARM the colonists. It was his attempt to comply with his illegal order to do so sparked the war. AND resulted in the precise language becoming what we now refer to as the Second… Read more »