The NJ2AS Sues The State Police

[Frank Jack Fiamingo 58]

Here is the Press Release:

There is also a link to an article on CNJ here.

 

 

For immediate release:

 

For further information, please contact Frank Jack Fiamingo at [email protected] 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/in...ular/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 continue 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.

 

[Zed's_Dead 16]

Good luck!

[Frank Jack Fiamingo 58]

Good luck!

 

 

Thank you very much. By the way, I will also be interviewed this Sunday, May 15, 2011 at 4:05 on the Gun Talk Radio Show with Tom Gresham. If anyone is interested, you can listen live at http://www.guntalk.com/site3.php. I believe that they also store the program for later listening. I will be discussing Operation Establish Compliance and our suit against the NJ Division of State Police.

 

We truly appreciate all the support we have been receiving from NJGF participants. Please keep it coming. We have a way to go toward reaching our goal, and the next phase of OEC is going to take money. We are keeping costs down by acquiring a "pro bono" attorney to do the background research, but we are going to have to pay for an attorney to do the litigation. I know times are tough right now, but for those of you who are able to donate a few dollars, please do. I know I can always find a few dollars to blow up at the range. :-) We are finally making some progress in NJ. It is important that we keep the momentum going. Please do what you can. This is for all of us.

 

Thank you,

[mcbethr 42]

You know, I've often thought that if people only donated the cost of one box of ammo every time they went to the range, we would have been to $15K by now. In other words, if you buy one less box and donate that money, you may keep the right to buy that ammunition later.

 

Well, I suppose I should put my money where my mouth is.

 

I went skeet shooting last weekend. A box of Remington gun club load is about $7.00 at Dicks when its not on sale.

 

The donation has been sent. Next time I go to the range, I'll send you guys another box of ammunition.

 

If we all did the same, we would be there in no time.

[Tom-NJ2AS 31]

Thank you so much for the donation. Every single donation counts! I hope i see a lot of you tonight at the meeting.

[Malsua 1,422]

I just donated.

 

Good luck on the case!

[Tom-NJ2AS 31]

Thanks for the support!!

[DirtyDigz 1,812]

I applaud the effort and will be donating again.

[Frank Jack Fiamingo 58]

You know, I've often thought that if people only donated the cost of one box of ammo every time they went to the range, we would have been to $15K by now. In other words, if you buy one less box and donate that money, you may keep the right to buy that ammunition later.

 

Well, I suppose I should put my money where my mouth is.

 

I went skeet shooting last weekend. A box of Remington gun club load is about $7.00 at Dicks when its not on sale.

 

The donation has been sent. Next time I go to the range, I'll send you guys another box of ammunition.

 

If we all did the same, we would be there in no time.

 

Thank you! Your donation was received and is VERY much appreciated. You are right, if everyone on NJGF made a donation, we could hit our goal by the end of next month. I hope everyone will consider donating what they can. We truly are trying to make a difference in how firearms owners are treated in NJ. We have heard you ask for meetings in north and south Jersey, and we have responded with some terrific events in Belleville and Winslow in addition to Toms River. We would like to serve all the gun owners in NJ and I think we are addressing that goal. It is time we did more than complain about the way our cities, towns and municipalities handle the processing of FID cards and PPPs. The funds donated to Operation Establish Compliance go DIRECTLY toward the goal of forcing these towns to AT LEAST comply with the standard procedures. Hopefully one day in the near future, we can help to establish the NICS check as the ONLY criteria for these permits. But one step at a time. Right now the FIRST STRIKE has been launched with the suit the NJ2AS has initiated against the State Police. There will be MUCH MORE to come when we hit our goal. Thanks for listening (reading) guys.

[Frank Jack Fiamingo 58]

I just donated.

 

Good luck on the case!

 

Yes, and thanks again. :-) Every dollar brings us that much closer. It is truly appreciated.

[hd2000fxdl 422]

Frank,

 

You ever think of bringing a donations jar to one of the meetings so we could drop in some cash when we attend to meeting. Also not sure but what about a 50/50 at the meetings.

 

Harry

[Frank Jack Fiamingo 58]

I applaud the effort and will be donating again.

 

Thanks DD. It is great to know that we have your support.

[Frank Jack Fiamingo 58]

Frank,

 

You ever think of bringing a donations jar to one of the meetings so we could drop in some cash when we attend to meeting. Also not sure but what about a 50/50 at the meetings.

 

Harry

 

That is a GREAT idea, Harry. We will have a jar at tonight's meeting. I'll see if we can pull a 50/50 together.

[LorenzoS 100]

A goddamned secret rule book? So we're on double secret probation now? fugg you New Jersey!

 

I just mailed a $100 check to the NJ2AS.

[Tom-NJ2AS 31]

A goddamned secret rule book? So we're on double secret probation now? fugg you New Jersey!

 

I just mailed a $100 check to the NJ2AS.

 

 

Thank you !!!

[PDM 91]

This is great and about time. The CCW lawsuit is obviously important, but theabuses of the permitting system should be low hanging fruit that anyone concerned about good government should be upset about. Excellent that Frank points this out in the press release. This is not just a 2A issue! I've sent in my $50 and will donate again.

[Maksim 1,504]

All these lawsuits are music to my ears. Will be bringing another check to tonights meeting.

 

If you think about how much money we blow on things that will never help us, here is an opportunity to invest in your own rights.

[Bob B 103]

I just wanted to point out that, if not for the participation of those on this forum in the form of the permitting data collection, forms, documents and other information (which includes the heated debates that we sometimes get into), we would not have uncovered the existence of this guidebook and we would not have had the information that we needed to move forward with this lawsuit. Everyone on this forum should feel pretty good about how we have worked together to make this happen. This is just a first step, but it is an important one. We are officially in the fight.

[Frank Jack Fiamingo 58]

A goddamned secret rule book? So we're on double secret probation now? fugg you New Jersey!

 

I just mailed a $100 check to the NJ2AS.

 

Thank you VERY MUCH! It is truly needed and greatly appreciated.

[The Dark Knight 11]

Big props to NJ2AS. I will be donating money to you on my next paycheck.

 

It's downright scary to think that our constitutional rights are subjected to the whim of a secretive book held by unelected officials.

[Frank Jack Fiamingo 58]

All these lawsuits are music to my ears. Will be bringing another check to tonights meeting.

 

If you think about how much money we blow on things that will never help us, here is an opportunity to invest in your own rights.

 

Sad that this is what we have to resort to, but when a governmental agency forgets that it has a responsibility to the people it is supposed to be serving, we don't have much choice.

 

On the OTHER hand - keep those cards and letters coming in. We really need all the support we can get.

 

Thx, Maks

[Frank Jack Fiamingo 58]

This is great and about time. The CCW lawsuit is obviously important, but theabuses of the permitting system should be low hanging fruit that anyone concerned about good government should be upset about. Excellent that Frank points this out in the press release. This is not just a 2A issue! I've sent in my $50 and will donate again.

 

Thanks very much. We have been working toward this goal ever since our members and supporters informed us of how big a problem this is in NJ. There are other irons in the fire, but it takes membership growth, time and money to accomplish these goals. I think we are well on our way toward making an impact. With guys like you all supporting us, together we WILL change the way gun owners are treated in NJ.

 

Thanks for all the help and support. It is GREATLY appreciated.

[Babaganoosh 192]

I love all these lawsuits too. It's gonna be tough for them to fight back when their resources are scattered all over fighting a bunch of lawsuits. Sad that if they weren't infringing on our rights in the first place it wouldn't come to this

[Frank Jack Fiamingo 58]

I just wanted to point out that, if not for the participation of those on this forum in the form of the permitting data collection, forms, documents and other information (which includes the heated debates that we sometimes get into), we would not have uncovered the existence of this guidebook and we would not have had the information that we needed to move forward with this lawsuit. Everyone on this forum should feel pretty good about how we have worked together to make this happen. This is just a first step, but it is an important one. We are officially in the fight.

 

I wholeheartedly second that. The guys in this forum have continued to be an inspiration to us. Just knowing you guys are out there supporting our efforts gives us a HUGE boost. The ideas that spring from this forum are essential to our progress. You guys let it be known that we had to move our meeting around so that more of you could participate. Well, THANK YOU. You were right, and it has worked out well. While we realize not everyone can make EVERY meeting in EVERY location, we have tried to arrange it so that most every NJ gun enthusiast can at least make SOME of the meetings. Once we are in a better position to do so, and if there is enough interest, we will try to arrange it so that all the meetings are recorded. At this point we have to rely on the generosity, time and talent of those people who know how to do it.

 

Anyway, I hope that we are meeting your expectations, and we will continue to try and represent as many of you as we possibly can. Bear with us. We are growing fast and learning more as we go along. Your comments, suggestions, and encouragement mean more to us than you may think. If we haven't implemented some of them (yet) it is just because our resources are stretched about as far as they can be at this time. That will change with time and we will be able to do MUCH more. STAY TUNED! :-)

[Frank Jack Fiamingo 58]

I love all these lawsuits too. It's gonna be tough for them to fight back when their resources are scattered all over fighting a bunch of lawsuits. Sad that if they weren't infringing on our rights in the first place it wouldn't come to this

 

Sadly, they believe that they have deep pockets... unfortunately those pockets belong to *US* the NJ taxpayer. :-(

 

They have us coming and going.

[Dan 177]

Any chance NJ2AS can sue the NJSP for legal fees incurred during the case? This is a blatent violation of their authority in using some ambiguous "for saftey's sake" blanket order as their excuse. I'm so sick and tired of the govt and its entities promulgating this nonsense under these false pretenses.

 

Besides the obvious stuff around national security that deserves such protections, safety and security comes from transparency and liberty, not secrecy and bureaucracy.

[Bob B 103]

Yes. OPRA allows for the recovery of Attorney's fees and court costs, but, we have to be the prevailing party. Any money that we save as a result of that, will stay in the Operation Establish Compliance litigation fund and will be used in future cases. NJ2AS v. NJSP is only the first step. We already have our next case on the drafting table. In the mean time, funding remains critically important.

[matty 810]

Not surprising that the NJSP would have some sort of how-to compiled for the successive Firearms Unit personnel. Continuity and standardization of procedures. But what if someone were accused of a technical violation of the process or were denied, due to something in that 'book'? Has any court case come up where that evidence may have affected the outcome? Hm.

On a tinfoil hat ( a small hat, a yarmulke size, really, this is NJ) basis I wonder how much of this 'book' is actually written/dicated/revised by the AG themselves of their staffers? And how much revision had been done by each AG? Such luminaries as sCary Edwards, Zulima Farber, Annie Milgram, and our current holder of that high office, may have their fingers in that pie. What of legal review of changes, if/when they occur? Lots of questions, thanks for finding this particular skeleton, Frank!

[Frank Jack Fiamingo 58]

Not surprising that the NJSP would have some sort of how-to compiled for the successive Firearms Unit personnel. Continuity and standardization of procedures. But what if someone were accused of a technical violation of the process or were denied, due to something in that 'book'? Has any court case come up where that evidence may have affected the outcome? Hm.

On a tinfoil hat ( a small hat, a yarmulke size, really, this is NJ) basis I wonder how much of this 'book' is actually written/dicated/revised by the AG themselves of their staffers? And how much revision had been done by each AG? Such luminaries as sCary Edwards, Zulima Farber, Annie Milgram, and our current holder of that high office, may have their fingers in that pie. What of legal review of changes, if/when they occur? Lots of questions, thanks for finding this particular skeleton, Frank!

 

The interesting thing Matt is, at this VERY moment - *I* am having a rather heavily shielded LEAD helmet constructed for my OWN personal use. Lately, I have become a paragon of responsible citizenship. I NEVER drive over the speed limit AND I pay my taxes BEFORE they are due. :-)

 

Is it still called paranoia if it is likely to be TRUE??? Just kidding - I am sure I am not important enough for anyone to be bothered with. Like the Jersey Mosquito, I am just a mild annoyance. Perhaps with a little practice I CAN become a Royal PITA!

[Frank Jack Fiamingo 58]

Yes. OPRA allows for the recovery of Attorney's fees and court costs, but, we have to be the prevailing party. Any money that we save as a result of that, will stay in the Operation Establish Compliance litigation fund and will be used in future cases. NJ2AS v. NJSP is only the first step. We already have our next case on the drafting table. In the mean time, funding remains critically important.

 

Most definitely! This case is merely the FIRST STRIKE. The donations to Operation Establish Compliance will be used to fund the ongoing litigation we expect to be forced to initiate due to the irrational stubbornness of many of the worst offenders. We have to be prepared for the fact that this is going to be a FIGHT. These towns are not likely to voluntarily adhere to standard State mandates for the processing of these licenses and permits. We are definitely going to have to press the issue. Your support will continue to be CRITICAL to the success of this campaign.

 

Once again, I want to personally thank everyone who has given their support to this effort. I encourage those who can to keep the momentum going. Our job will be to convert your support and generosity into quantifiable results. Please stay tuned!!!