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Tom-NJ2AS

Operation Establish Compliance

By Tom-NJ2AS, in Current New Jersey Gun Laws Discussion

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Tom-NJ2AS    31

Tom-NJ2AS
Posted

Operation Establish Compliance

 

Please donate using the link above if you can and pass the word! We need your help to post this as many places as you can!

 

Operation Establish Compliance

 

We need your help.

 

 

 

What is “Operation Establish Compliance”?

 

NJ2AS has listened to your comments and complaints, one of the most common of which is that the New Jersey Firearms Laws that are in our favor are frequently ignored, specifically, 2C:58-3f.

 

 

 

2C:58-3f. …There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter.

 

 

 

There are Municipality Police Departments that violate this statute as a matter of policy. We have seen additional forms, some of which have nothing to do with firearms; we have seen the additional requirement of getting a spouse’s permission to purchase a firearm, we have seen the additional requirement to notarize the reference letters. Some of us have had our employers contacted and I personally spoke to a student with no criminal record, who just wanted his FID card who’s Dean was contacted and he was called into his Dean’s office to explain why he wanted his FID card. He wasn’t even living on campus. These are just a few examples. None of these requirements have been “specifically set forth” as required by law.

 

Well, enough is enough. For the past several months, we have been collecting data, speaking to attorneys and to potential plaintiffs and planning our strategy. We have called several Municipal Police Departments and gave them a fair opportunity to improve. Some have, but some have chosen to ignore the law.

 

“Operation Establish Compliance” is a lawsuit, with NJ2AS and carefully selected individuals as plaintiffs, designed to address and correct this problem.

 

 

 

What can you do to help?

 

There is much work to be done and we are still in the beginning stages, but we are now ready to move forward and hire an attorney. This is where you come in. We need $15,000 in order to hire an attorney to handle this case. We have set up a link on our website, www.NJ2AS.com, where you can donate.

 

 

 

Why should you donate?

 

This lawsuit will help all gun owners, whether you prefer rifles, shotguns or pistols, whether you are interested in competition, collecting, recreation or self-defense, whether you are young or old, male or female, this lawsuit is about you. This is an opportunity for all gun owners to come together and rally behind solving a problem that has remained unresolved for decades.

 

 

 

Why are we not addressing violations of the 30 day limit?

 

NJ2AS is also looking at that as a potential lawsuit. It is possible that we may include that within this lawsuit, but that will be a tactical decision that we make when we consult further with our attorney. Whatever decision we make will be designed to give us the best chances for success and for establishing favorable case law that will work in our favor in future lawsuits.

 

 

 

Why has NJ2AS decided to file a lawsuit?

 

The ANJRPC and SAF are already engaged in their own lawsuits covering other problem areas of NJ law. ANJRPC is challenging One Gun a Month. ANJRPC and SAF together are challenging the “justifiable need” requirement for obtaining a NJ Permit to Carry a Handgun. There is a military strategy called “hammer and anvil.” ANJRPC and SAF are the anvil. The State is pinned down and occupied with their lawsuits. It is time to start hammering!

 

The Legislature and the Attorney General’s Office have forced us to this point. New legislation could be passed to fix the permitting processes once and for all and has been discussed for years. However, no pro-gun rights legislation has made it out of the Law and Public Safety Committee for over 20 years.

 

The Attorney General could issue a directive tomorrow instructing the Municipal PD’s to comply with the law. But, instead, what they have said to us is the equivalent of “we are not going to follow the law unless you make us follow the law.” Meanwhile, they send good citizens like Brian Aitken (http://en.wikipedia.org/wiki/Brian_Aitken), Gregory Revell (http://news.yahoo.com/s/ap/20110118/ap_on_re_us/us_supreme_court_gun_arrest) and Joseph Pelleteri (http://lawlibrary.rutgers.edu/courts/appellate/a339-95.opn.html) to prison for honest mistakes or circumstances beyond their control.

 

 

 

Please consider donating.

 

We are asking you to help. Please pitch in anything that you can. $15,000 is a very achievable number and can be reached quickly with donations of $10, $20 or $50. Our goal is to reach the $15,000 mark by March 31st. You will be able to see the total donated on our website. We will keep everyone informed of our progress.

 

 

 

You can be a part of the effort. Together, we CAN make a difference. Thank you in advance for your support. Please click the donate button under the donation meter to help! If you do not have paypal, you can send a check made out to the New Jersey Second Amendment Society and just write "Litigation Fund" on it. You can either bring it to any upcoming meeting or event or mail it to P.O. Box 128, Manahawkin, NJ 08050

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Soju    153

Soju
Posted

How sad and pathetic is it that there has to be a lawsuit just to get the police to follow laws already in place. It is one thing to have to challenge bad laws, but when something already is law and isn't be followed, makes me sick. It is kind of like, why should we follow current gun laws when those whose primary purpose is to uphold laws don't have to?

 

I'll be glad to donate later.

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Wojo    98

Wojo
Posted

Question / Suggestion, can a program be developed where we can drop off donation boxes at various sporting goods / firearms dealers to help support this cause? Something that has a collection component and that could hold a simple single sheet flyer in a picture frame type of thingy. I've seen them used for the ASPCA and other groups, so what not this?

 

When a buyer comes in to buy a new firearm or get an initial FID and are pissed about the delay, that is the time to point them to the donation box.

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Cemeterys Gun Blob    165

Cemeterys Gun Blob
Posted

Fighting the 30 day limit will be a tough one. People have tried in the past, and failed.

 

In *Adler vs. Livak 1998*, NJ Superior Court ruled that, basically, one’s local Chief of Police does not have to comply with the 30 waiting period, with regards to obtaining ones Firearms Purchasers I.D. card, if said Police Dept has not received the reports from SBI and the FBI, and that one’s local PD can simply deny an application if said reports are not received within this 30 day period all in the good name of *Public Policy*.

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Pizza Bob    1,488

Pizza Bob
Posted

Fighting the 30 day limit will be a tough one. People have tried in the past, and failed.

 

In *Adler vs. Livak 1998*, NJ Superior Court ruled that, basically, one’s local Chief of Police does not have to comply with the 30 waiting period, with regards to obtaining ones Firearms Purchasers I.D. card, if said Police Dept has not received the reports from SBI and the FBI, and that one’s local PD can simply deny an application if said reports are not received within this 30 day period all in the good name of *Public Policy*.

 

 

In this digital age, the FBI and SBI are commonly not the problem. I have been led to understand that their responses are usually quite fast. The dodge most PD's use now are the responses to the references. They cannot complete their "investigation" until the references are returned and assessed. Nevermind that they sat on someone's desk for two weeks before they ever got sent out. We need public accountability for the process: When was each step done? Then and only then can we legally hold their feet to the fire on the 30 day statute.

 

JMHO

 

Adios,

 

Pizza Bob

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Bob B    103

Bob B
Posted

Fighting the 30 day limit will be a tough one. People have tried in the past, and failed.

 

In *Adler vs. Livak 1998*, NJ Superior Court ruled that, basically, one’s local Chief of Police does not have to comply with the 30 waiting period, with regards to obtaining ones Firearms Purchasers I.D. card, if said Police Dept has not received the reports from SBI and the FBI, and that one’s local PD can simply deny an application if said reports are not received within this 30 day period all in the good name of *Public Policy*.

 

For those who may be interested.

 

Adler vs. Livak 1998

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LorenzoS    100

LorenzoS
Posted

I like the current strategy of dealing with separate issues one by one, rather than trying to boil the whole ocean at once. Long wait times are unfair, but I believe the arbitrary imposition of documentation, violations of privacy and 'outing' applicants to employers and neighbors, and the other attempts to intimidate people from getting permits through harassment is a bigger violation of rights.

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Bob B    103

Bob B
Posted

All,

Within the first 24 hours of launching Operation Establish Compliance, we have received approximately $750 in donations (the meter on our website updates every 24hrs in the morning). We have achieved 5% of our goal in one day, which is incredible. Thank you to all who have donated so far. Please continue to spread the word. We have a long way to go, but we can see that this is absolutely achievable.

 

Thanks again for your support and we'll continue to keep you updated.

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