иск в NJ - новая организация ?

fd15k

For immediate release:

May 10, 2011

For further information, please contact Frank Jack Fiamingo at President@nj2as.com or by cell at (732) 233-6506.

NJ2AS files lawsuit as part of Operation Establish Compliance to gain access to NJSP’s firearms application guidebook.

Manahawkin, NJ – The New Jersey Second Amendment Society has filed a lawsuit in Trenton, NJ to gain access to the New Jersey State Police’s Firearms Application Guidebook.

When the New Jersey Second Amendment Society (NJ2AS) asked its members and supporters to list the problems that law-abiding gun owners face in New Jersey, the fact that many municipality police departments routinely violate the law when issuing firearms permits ranked at the top. “Please stop them from telling our employers when we apply for a permit,” “please stop them from illegally collecting our social security numbers,” “please stop them from requiring us to list our adult family members,” “please stop them from taking three to six months to issue our permits,” were some of the complaints that we heard that clearly violate the permitting statutes.

During our investigation of these practices, we were provided with a notice from a township attorney that opined that their local police department was merely following the instructions in the New Jersey State Police (NJSP) Firearms Application Guidebook. Local police departments are supposed to follow the New Jersey Administrative Code, not a separate guidebook only given to police departments and never revealed to the public. Furthermore, the statute covering firearms applications (2C:58-3f) specifically prohibits additional requirements.

NJ2AS asked the NJSP Firearms Investigation Unit for a copy of the guidebook and we were refused. We then submitted a Governmental Records Request under both OPRA (Open Public Records Act) and common law right of access for the guidebook. Our official request was denied, citing a recent Executive Order (EO 47, http://www.nj.gov/infobank/circular/eocc47.pdf ) which declares new ominous exemptions to OPRA, including one that exempts the entire Department of Law and Public Safety from having to release any records which “may reveal or jeopardize an agency's surveillance, security or investigative techniques or procedures.”

“On the surface, that might sound reasonable, but, once you apply that exemption to a simple, mundane permit application, you have to ask yourself what in the world they are talking about?” stated Frank Jack Fiamingo, co-founder and President of NJ2AS. “Keep in mind, we are not talking about surveillance of a suspected criminal, or investigating a crime scene. I can’t imagine anything contained in a procedure to process an application that could possibly qualify as an exemption to OPRA, but I can think of many reasons why the public has a right to know those procedures. Especially when the law states that they cannot add any additional requirements to the process. What is in the guide that is not in the statutes or the administrative code that they don’t want us to know?”

Everyone, gun owner or not, should be very concerned at the NJSP’s attempt to keep their guidebook from being accessed. “We appreciate and respect our law enforcement professionals, they have a tough job to do, but the use of this exemption is scary” said Mr. Fiamingo, “It’s a dangerous precedent for all citizens. Our focus is on how this affects the right to keep and bear arms, but everyone should be concerned with this new exemption and the others in EO 47. This has nothing to do with security or criminal investigations or surveillance. If they can keep the mundane administrative functions of issuing a permit a secret, what else can they keep a secret?”

Therefore, on April 29th, 2011, NJ2AS filed a lawsuit seeking to force the NJSP to allow access to their Firearms Guidebook, so it may be studied to determine exactly who is directing the many violations of 2C:58-3f that continued unabated.

NJ2AS is being represented by Richard Gutman, an experienced and highly respected attorney from Montclair, NJ who specializes in First Amendment and OPRA cases.

NJ2AS would like to thank those who have donated to Operation Establish Compliance, our ongoing campaign to correct the additional, unauthorized permitting requirements. We could not execute this campaign without your continued support. Anyone wishing to contribute may do so at www.NJ2AS.com .

NJ2AS is the newest and most relevant firearms safety and gun rights organization in New Jersey.

ctb

fd15k
For immediate release:

May 10, 2011

For further information, please contact Frank Jack Fiamingo at President@nj2as.com or by cell at (732) 233-6506.

NJ2AS files lawsuit as part of Operation Establish Compliance to gain access to NJSP's firearms application guidebook.

Manahawkin, NJ - The New Jersey Second Amendment Society has filed a lawsuit in Trenton, NJ to gain access to the New Jersey State Police's Firearms Application Guidebook.

When the New Jersey Second Amendment Society (NJ2AS) asked its members and supporters to list the problems that law-abiding gun owners face in New Jersey, the fact that many municipality police departments routinely violate the law when issuing firearms permits ranked at the top. "Please stop them from telling our employers when we apply for a permit," "please stop them from illegally collecting our social security numbers," "please stop them from requiring us to list our adult family members," "please stop them from taking three to six months to issue our permits," were some of the complaints that we heard that clearly violate the permitting statutes.

During our investigation of these practices, we were provided with a notice from a township attorney that opined that their local police department was merely following the instructions in the New Jersey State Police (NJSP) Firearms Application Guidebook. Local police departments are supposed to follow the New Jersey Administrative Code, not a separate guidebook only given to police departments and never revealed to the public. Furthermore, the statute covering firearms applications (2C:58-3f) specifically prohibits additional requirements.

NJ2AS asked the NJSP Firearms Investigation Unit for a copy of the guidebook and we were refused. We then submitted a Governmental Records Request under both OPRA (Open Public Records Act) and common law right of access for the guidebook. Our official request was denied, citing a recent Executive Order (EO 47, http://www.nj.gov/infobank/circular/eocc47.pdf ) which declares new ominous exemptions to OPRA, including one that exempts the entire Department of Law and Public Safety from having to release any records which "may reveal or jeopardize an agency's surveillance, security or investigative techniques or procedures."

"On the surface, that might sound reasonable, but, once you apply that exemption to a simple, mundane permit application, you have to ask yourself what in the world they are talking about?" stated Frank Jack Fiamingo, co-founder and President of NJ2AS. "Keep in mind, we are not talking about surveillance of a suspected criminal, or investigating a crime scene. I can't imagine anything contained in a procedure to process an application that could possibly qualify as an exemption to OPRA, but I can think of many reasons why the public has a right to know those procedures. Especially when the law states that they cannot add any additional requirements to the process. What is in the guide that is not in the statutes or the administrative code that they don't want us to know?"

Everyone, gun owner or not, should be very concerned at the NJSP's attempt to keep their guidebook from being accessed. "We appreciate and respect our law enforcement professionals, they have a tough job to do, but the use of this exemption is scary" said Mr. Fiamingo, "It's a dangerous precedent for all citizens. Our focus is on how this affects the right to keep and bear arms, but everyone should be concerned with this new exemption and the others in EO 47. This has nothing to do with security or criminal investigations or surveillance. If they can keep the mundane administrative functions of issuing a permit a secret, what else can they keep a secret?"

Therefore, on April 29th, 2011, NJ2AS filed a lawsuit seeking to force the NJSP to allow access to their Firearms Guidebook, so it may be studied to determine exactly who is directing the many violations of 2C:58-3f that continued unabated.

NJ2AS is being represented by Richard Gutman, an experienced and highly respected attorney from Montclair, NJ who specializes in First Amendment and OPRA cases.

NJ2AS would like to thank those who have donated to Operation Establish Compliance, our ongoing campaign to correct the additional, unauthorized permitting requirements. We could not execute this campaign without your continued support. Anyone wishing to contribute may do so at www.NJ2AS.com .

NJ2AS is the newest and most relevant firearms safety and gun rights organization in New Jersey.

Подкинул стольничек...

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Коган-варвар

fd15k

ctb
Подкинул стольничек...

А что за организация ?

Evil_Kot

ctb

Подкинул стольничек...

--
Коган-варвар

+100 в смысле? 😊

Whale

Странно, у меня в городе задержки с выдачей пермитов решились именно звонком из Стэйт Полис которым пожаловался человек.

le_boudin

ну и я их счаз на полтинничек подогрел...

fd15k

For Immediate Release: 5/26/2011

BELLEVUE, WA – A New Jersey judge today announced he will issue a gun permit to one of the plaintiffs in a Second Amendment Foundation lawsuit against several New Jersey officials for deprivation of civil rights under color of law, because applicants cannot show a “justifiable need” for a permit.

SAF Executive Vice President Alan Gottlieb said today this “clearly indicates that our lawsuit is proper, and we are encouraged to press our case to its conclusion.”

Morris County Superior Court Judge David Ironson announced after a hearing in his courtroom this morning that a permit will be issued to lead plaintiff Jeffrey Muller. His application had languished for six months before Judge Philip Maenza, a defendant in the federal lawsuit, denied the permit without a hearing on the grounds that Muller did not have a “justifiable need.” Muller had been kidnapped by members of a motorcycle gang who threatened to kill him, in a case of mistaken identity. Several suspects have been arrested in that case, and Muller’s application for a permit had gained support from local and state police.

“Finally,” Gottlieb said, “one judge has done the right thing, but it took a federal lawsuit to make it happen. Our other plaintiffs are pushing ahead with the lawsuit so we can put an end to this practice once and for all.”

SAF is joined in the lawsuit by the Association of New Jersey Rifle & Pistol Clubs, Inc. and several private citizens whose applications for permits to carry have been denied generally on the grounds that they have not shown a “justifiable need.” One of the remaining plaintiffs is a part-time sheriff’s deputy, a second carries large amounts of cash in his private business and another is a civilian employee of the FBI in New Jersey who is fearful of attack from a radical Islamic fundamentalist group. They are represented by attorney David D. Jensen.

“We’re moving forward with this case,” Gottlieb stated, “because there are far too many people just like Jeff Muller whose civil rights have been cavalierly denied on the whims of a judge.”

http://saf.org/viewpr-new.asp?id=361