New Jersey Second Amendment Society Sues State Police

american-patriot-cnjThe New Jersey Second Amendment Society revealed today that it has initiated a lawsuit against the New Jersey Division of State Police. In response to requests from its members for full disclosure of the procedures used to process Firearms Identification cards and Pistol Purchase Permits, the NJ2AS requested access to the NJ State Police Firearms Application Guide. This request was denied. In response, the NJ2AS filed a request under both the Open Public Records Act (OPRA) and the Common Law Right of Access to Public Records. This request was also denied. The Division of State Police cited Christie Executive Order #47 as granting them an exemption to our legitimate request for this information. The Superior Court of New Jersey has issued an Order to Show Cause as to why we should not be granted access to this document. The NJ2AS is being represented by Attorney Richard Gutman in this matter. Mr Gutman is an experienced and successful First Amendment and OPRA expert and we are confident that we will win this suit.

I think it should be of particular interest to our readers that the Division of State Police has decided to use Governor Christie’s Executive Order #47 to avoid giving us access to this document. What other government policies are being hidden behind the barrier of this Executive Order.. We have not asked to see anyone’s private information. We are not interested in how the State Police investigates criminal activity. We have requested this guidebook because it contains the directions disseminated by the NJSP to our towns on how firearms applications should be processed. There should be nothing “secret” about such information. The goal should be to insure that the towns and municipalities are following proper procedures. This is OUR goal as well.

It has become ABUNDANTLY apparent from all the requests we have received for help, that MANY NJ towns are NOT following proper procedures. According to state statutes, there are only two forms required to apply for a firearms identification card in addition to being fingerprinted. We ardently support the efforts by law enforcement to try and keep guns from falling into the hands of criminals, but how do requirements for a reference from your employer, spouse or children keep criminals from obtaining guns. How does delaying a person’s request for SIX months fit in with their right to self-defense? Simply stated, procedures are not being followed because no one has been forcing these towns to comply. That is about to change.

This lawsuit is only the FIRST strike in our Operation Establish Compliance campaign. Once we have obtained all the records we need, we intend to go after the towns and municipalities that are the worst offenders. Soon we will be identifying which of these towns stray the farthest from the Constitutional mandate that “…the right of the people to keep and bear arms SHALL NOT BE INFRINGED”. They are about to find out that the Constitution is not just a bunch of words put together by a group of former farmers, that has no relevance to our modern world. It is just that kind of thinking that has brought our great nation to a state where it is unable to pay its debts without mortgaging the futures of our children.

No, this is not about guns, but it is about freedom. Not only freedom of information, but the freedom to live as nature intended; as productive individuals entitled to keep the fruits of our own labor and to protect our lives and the lives of our loved ones from those who might harm us. I sincerely believe that EVERY New Jersey resident has a stake in the outcome of this lawsuit. If the government is allowed to continue to hide relevant information from the public eye, it will grow even bolder in its pursuit to direct and control society. If you are interested in supporting the efforts of the New Jersey Second Amendment Society, you may do so by visiting us at I encourage you to become involved with this organization that is dedicated to restoring and preserving your individual rights.


Frank Jack Fiamingo is the co-founder and current President of the New Jersey Second Amendment Society, the most active 2A rights group in New Jersey -

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  1. OUTSTANDING! Every Gun owner in NJ should be involved in
    This endeavor!! Thank You NJ2AS!!!

  2. Megadoseioushish says:

    GO NJ2AS! Open up the murkey process by which this state ‘doles’ out our rights to us…Change will come to NJ…its a matter of time when politics dies and truth prevails…

  3. Frank Fiamingo says:

    There will be a LOT more to come in the near future. This is only the FIRST STRIKE in our Operation Establish Compliance campaign. We intend to bring NJ towns into compliance with the standard procedures for processing Firearms Identification Cards and Pistol Purchase Permits. We are as serious as the State Police in wanting to keep guns out of the hands of criminals, but criminals do NOT apply for permits. Only decent, responsible, law-abiding individuals would subject themselves to some of the OUTRAGEOUS requirements dreamed up out of thin air by some of these towns. We intend to put a STOP to this practice. PERIOD!

  4. LeChat says:

    It’s very sad to see the level of corruption in New Jersey. Except for the state government and many local governments, NJ is a very nice state. I guess now that it’s a good place to be from.

  5. Frank Fiamingo says:

    Frankly, I don’t know if it is corruption or just plain garden variety incompetence. Whatever it is, it is unacceptable. If we as private individuals do not follow the procedures set before us by the State, we are severely penalized. I guess it is up to us to see that these towns are penalized. Unfortunately, because ultimately the money these towns will burn up trying to fight our suits, will come out of the pockets of John Q Public.

    HEY JOHN! It is time to make some NOISE!!!

  6. Bo says:

    I applaud what Frank is doing. I think what NJ2AS is doing is a noble gesture, but there seems to be a collusive effort on the authorities’ part to squash every effort and toehold gained by pro-2A supporters. It seems everyone in New Jersey has just accepted the “way it is” based on the way it was. The NJSP is one wall of obstruction, as are the 505 local PD’s that can make up their own rules as they go along. Gun owners are closet types and their true numbers will never be known. Gun buyers are few each year. When an “occupy” movement can descend upon Trenton then and only then will anyone recognize this is serious. So long as the voting public support the unions in New Jersey and the controlling Democrats; nothing will ever change. Has ANYTHING changed since the 60’s? No, it has only gotten worse. Back then there was a chance based upon the state’s cultural make-up. Not today, that’s a pipe dream now. I’m not a defeatist, only a realist.

  7. DENNIS says:

    Mr. Fiamingo you are absolutely right and I was thinking of going to court searching the web for information. My example is that I own a 3 family home in essex county and when the state/city comes in and they see violations you must comply or be fined. My application has been turned in sense jan 10,2013 and to date Its still sitting there.The law states 30 days for the process to be complete…….You must follow the law just as the citizens of the state do….Follow the law NJ!!!

  8. DENNIS says:


  9. Bruce Eden says:

    It’s time to disband the NJ State Police. They can’t or willfully won’t do their jobs as required by law. They are forcing law-abiding citizens who apply for a Firearms I.D. to wait 6 months, when the mandatory waiting limit is 30 days. The State Police is hiding behind the issue that there has been a deluge of applications since the Newtown, CT shooting, and they are backlogged. Last numbers I saw were that there were only 15,000-20,000 additional applications than normal.

    Now I am hearing that the State Police are making people wait over 30 days to purchase a handgun with a handgun permit. This is causing people to have to re-file applications for a handgun once the required statutory 30 days has expired. Once it gets to the 3-week point, everyone should start filing extensions on their handgun applications.

    This is another reason we all need to demand the disbanding of the State Police. They serve no other purpose than to harass the innocent, law-abiding inhabitants of New Jersey trying to defend themselves against the criminals that the State and local police cannot control. The NJ State Police are required to follow the US and NJ Constitutions, as well as Federal and NJ laws upon taking their constitutional oaths when they become public servants. Their deliberate delays in processing Firearms I.D. applications for 5 months, instead of the mandatory 30 days, and their willful refusal to grant handgun permits to purchase a gun within the proper 30-day time frame constitutes Felony Official Misconduct, in violation of NJSA 2C:30-2, 2C:30-6 (Official deprivation of civil rights for impeding law-abiding citizens in the lawful exercise of their constitutionally protected Second Amendment Rights and Immunities); and 2C:30-7 (Pattern of official misconduct since the NJ State Police have now committed to acts of sabotaging law-abiding inhabitants of their Second Amendment Rights)

    With regard to Gov. Christie’s Executive Order #47, if the NJ State Police or the NJ Governor willfully refuse to turn over those sections of the EO regarding gun permit applications, then Governor Christie should also resign for felony Official Misconduct.