New Jersey Second Amendment Society Sues State Police
The 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 http://nj.gov/infobank/circular/eocc47.pdf 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 www.nj2as.com. 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 - www.nj2as.com.