Taking Action in Essex County

[mx597turbo 0]

I read in another post that Essex may not be up and running by March 10. It's time we take action. I emailed NJ2AS and the NRA. We may have to handle this on our own, so if anyone can suggest a lawyer who might be interested in a class action case, contact them, or pass the info along on the forum.

 

This is a copy of my email:

 

I, along with thousands of other Essex County residents, are being denied our 2A rights. The problem is the Essex County Adjuster's office was damaged in hurricane Sandy. This is where all the county residents' mental health records are stored (as a hard copy only), and thus, the Adjuster is unable to perform her duty to provide our local police departments with a mental health background check. Without this check, the local police departments can not issue residents either a Firearms Purchaser Identification Card (FID) or Permit to Purchase (PP) a handgun. I have contacted the Adjuster, and have been told the issue may not be resolved for many more months.

Effectively, Essex County residents have lost our 2A rights.

Please help us. I applied for my FID and PP in late September 2012, and by law, the process is supposed to be completed in 30 days. We have all been extremely patient in waiting for the resolution of this issue, but there isn't one on the horizon.

 

For your reference, the Essex County Adjuster can be reached at (973) 621-4464. Thank you very much for your time and consideration regarding this matter.

 

We need to do something about this now. The time for waiting is over.

[Handyman 5,682]

Not only do they not care, they are probably going to add additonal stalling in the hopes that new legislation will quickly pass and eliminate their need to process many of the applications. The Essex legislators are among the worst in the state where liberty is concerned.

[mx597turbo 0]

I just emailed Evan Nappen describing the situation in Essex. I hope he smells a class action suit

 

Of course, I will update when I hear something.

[carl_g 568]

Thanks

I have just emailed NJ2AS and posted in the forum here: http://njgunforums.com/forum/index.php?/topic/45620-essex-county-mental-health-checks/

 

I have referenced all three post in this section.

 

[mx597turbo 0]

I also emailed Dan Schmutter, a lawyer and 2A advocate in NJ. His info is here: http://www.greenbaumlaw.com/OurAttorneys_ProfileDetails.asp?attorneyCode=430V50B2M26

 

I hope someone wants to take this up as a class action suit. Let's contact as many lawyers as possible.

[FamilyMan 0]

Just talked to my local PD again just to check. He said that the county has picked a vendor and the vendor has started. I would assume this was part of the delay as our country procurement process is undoubtedly silly and long.

 

Anyway he said two interesting things:

(1) he believes the county over estimated the time to fix it

and (2) if come March they say something silly like "its going to be September", then he expects major problems

 

I'm hoping #1 is right and they get it fixed and caught up in the next 4 weeks.

I think contacting lawyers and getting ready for #2 makes tons of sense.

[mx597turbo 0]

Disregard and see below

[mx597turbo 0]

Guess I spoke too soon. I received the following message from Dan Schmutter:

The Association of New Jersey Rifle and Pistol Clubs has engaged me to look into this. I am already in contact with the Essex County Adjuster's office. I will be happy to update you when I have definitive information.

 

Dan

At least some progress is being made.

[mx597turbo 0]

Anyone have news in Essex?

[mx597turbo 0]

If anyone in Essex has any news, please post. This includes anyone who has received a FID and/or PP. I don't want to let this fall by the wayside whilst we wait for our paperwork to go through. Has anyone called the adjuster lately?

[djg0770 481]

And ANJRPC is keeping THIS secret WHY??

[carl_g 568]

I have not called the adjuster but my local pd told me last week that they just started to get some in. Might want to call the adjuster to verify.

[carl_g 568]

Double post... Sorry.

[gd1147 0]

I have not called the adjuster but my local pd told me last week that they just started to get some in. Might want to call the adjuster to verify.

 

What town are you in? I am in Nutley and local PD was pretty sure they were going to take 9 months to start getting them back.

[carl_g 568]

Millburn

Here is the number for Essex county adjusters office: (973) 621-4464

I am sick of calling them. Give them a call and see what they say. Let us know how it goes.

[Kevin Mc 0]

Hi All,

 

First post….

 

My wife and I have applications for FID and P2P in with the West Caldwell PD on 11/30/12. The Det. at the PD was really nice and my reference letters went out that week and everything is processed except the mental health check from the county.

 

The PD has actually been very helpful and the Det. I spoke with today said he has a few dozen applications pending and has not any mental health records returned from the county since Nov. He said that the other Detectives are in the same boat…..everything processed and waiting for MH records from the county.

 

So I called the county and the nice lady said they are in the process of getting the system “fixed” and the system should be back up “soon”. I asked if it will be a paper system or computer and she said "paper". She also said that they have a backlog of "about 1000" requests.

 

At this point it is a waiting game I suppose. I would be more than happy to pay an attorney to look into the timeframe for the system to be back up and running, and also prioritize my records search if possible. I highly doubt a lawsuit would compel anyone to do much.

 

I think once the system is back up the delays will continue but a lawsuit would be pointless.

 

If anyone would like to recommend an attorney that specializes in these types of issues I would contact them and see if there is a way to get a “priority” list going once the system is back on-line. I would also have to think that the system is working in a limited capacity at this time but “regular” applications are in the pile waiting.

 

Kevin

[twong11219 0]

That sux. I'm in Millburn too. Was planning on putting in for another P2P. Luckily I don't have anything waiting at an FFL. Guess I'll have to wait for the dust to settle.

[mx597turbo 0]

Hi All,

 

First post….

 

My wife and I have applications for FID and P2P in with the West Caldwell PD on 11/30/12. The Det. at the PD was really nice and my reference letters went out that week and everything is processed except the mental health check from the county.

 

The PD has actually been very helpful and the Det. I spoke with today said he has a few dozen applications pending and has not any mental health records returned from the county since Nov. He said that the other Detectives are in the same boat…..everything processed and waiting for MH records from the county.

 

So I called the county and the nice lady said they are in the process of getting the system “fixed” and the system should be back up “soon”. I asked if it will be a paper system or computer and she said "paper". She also said that they have a backlog of "about 1000" requests.

 

At this point it is a waiting game I suppose. I would be more than happy to pay an attorney to look into the timeframe for the system to be back up and running, and also prioritize my records search if possible. I highly doubt a lawsuit would compel anyone to do much.

 

I think once the system is back up the delays will continue but a lawsuit would be pointless.

 

If anyone would like to recommend an attorney that specializes in these types of issues I would contact them and see if there is a way to get a “priority” list going once the system is back on-line. I would also have to think that the system is working in a limited capacity at this time but “regular” applications are in the pile waiting.

 

Kevin

 

Hi Kevin, and welcome to NJGF. I can appreciate you wanting to use a lawyer to get to the front of the line regarding the mental checks, but many of us have been waiting since September 2012 for our FID/PP, so all I can say is get in line.

 

You are thinking about this in the wrong way. Paying a lawyer to get the permit is wrong on many levels. We should look into getting compensated for the failure in the system, not feed into it. You are free to do whatever you like, but if you do lawyer up, you should tell the lawyer you want to sue because you are being denied your 2A rights (or just wait it out, like we're going to have to do anyway).

[gd1147 0]

Hi Kevin, and welcome to NJGF. I can appreciate you wanting to use a lawyer to get to the front of the line regarding the mental checks, but many of us have been waiting since September 2012 for our FID/PP, so all I can say is get in line.

 

You are thinking about this in the wrong way. Paying a lawyer to get the permit is wrong on many levels. We should look into getting compensated for the failure in the system, not feed into it. You are free to do whatever you like, but if you do lawyer up, you should tell the lawyer you want to sue because you are being denied your 2A rights (or just wait it out, like we're going to have to do anyway).

 

I concur. Trying to cut in line is not the way to be going about this at all. Remember there are some people waiting in line whose lively hoods depend on these background checks getting completed so they can continue to work as armored guards. Luckily for them a state judge granted a 6 month extension to their expired carry permits in Essex because of the situation so they wouldn't lose their jobs.

[mx597turbo 0]

I concur. Trying to cut in line is not the way to be going about this at all. Remember there are some people waiting in line whose lively hoods depend on these background checks getting completed so they can continue to work as armored guards. Luckily for them a state judge granted a 6 month extension to their expired carry permits in Essex because of the situation so they wouldn't lose their jobs.

 

It's good to hear these people didn't lose their jobs. Also, if the extension was for 6 months, they must believe the situation will be resolved by March 2013, since Sandy happened in happened in October.

[gd1147 0]

It's good to hear these people didn't lose their jobs. Also, if the extension was for 6 months, they must believe the situation will be resolved by March 2013, since Sandy happened in happened in October.

 

My PD said it was a 6 month extension from the year end expiration of CCP. So he was thinking they know they won't be back up and running till June. I am hoping he is wrong.

[mx597turbo 0]

Just called the adjuster. She said everything is almost done, and they will begin to do the checks in a "couple weeks." It sounds like they should be operational by March.

[gd1147 0]

Just called the adjuster. She said everything is almost done, and they will begin to do the checks in a "couple weeks." It sound like they should be operational by March.

 

Thanks for the great news. Appreciate it.

[Kevin Mc 0]

Hi Guys,

 

My thinking was not trying to cut the line as much as it was getting a few dozen or a few hundred people together with legal representation to use the proper channels to compel the county into accelerating restoration of the system and potentially adding resources to clean up the back log a.s.a.p.

 

There are attorneys, politicians and lobbyists that do this type of work day in and day out. They know the system and the players.

 

I would surmise that this delay is very much about resources and priorities and certainly the current political climate as it related to firearms.

 

I do not think that this means that we could not get an accelerated action plan, but it would need to be done using the proper channels and “working the system” so to speak. There is a mental health and public safety issue here to potentially leverage to our cause, having the system operational makes us all safer or at least provides information required by law.

 

Kevin

[mx597turbo 0]

Hi Guys,

 

My thinking was not trying to cut the line as much as it was getting a few dozen or a few hundred people together with legal representation to use the proper channels to compel the county into accelerating restoration of the system and potentially adding resources to clean up the back log a.s.a.p.

 

There are attorneys, politicians and lobbyists that do this type of work day in and day out. They know the system and the players.

 

I would surmise that this delay is very much about resources and priorities and certainly the current political climate as it related to firearms.

 

I do not think that this means that we could not get an accelerated action plan, but it would need to be done using the proper channels and “working the system” so to speak. There is a mental health and public safety issue here to potentially leverage to our cause, having the system operational makes us all safer or at least provides information required by law.

 

Kevin

 

I have been trying to accelerate this process for months. I have contacted lawyers, politicians, the NRA, and NJ2AS, and none have responded to my requests for help. I feel like it's just a few of us on this forum who are affected, and thus, care. Hopefully this ordeal is coming to a close, and things will be up and running within about a month.

 

If you want to help, call the adjuster and find out what company is doing the restoration of records. Maybe we can get them to forward our info to our local PDs directly.

 

I am very disappointed that every "gun" lawyer I contacted didn't respond, and never even set up time for a consultation. They are more than happy to take your money, and do nothing to speed up the process, but when you ask them to set up a class action suit, they ignore you.

[gd1147 0]

I have been trying to accelerate this process for months. I have contacted lawyers, politicians, the NRA, and NJ2AS, and none have responded to my requests for help. I feel like it's just a few of us on this forum who are affected, and thus, care. Hopefully this ordeal is coming to a close, and things will be up and running within about a month.

 

If you want to help, call the adjuster and find out what company is doing the restoration of records. Maybe we can get them to forward our info to our local PDs directly.

 

You do realize it is an exclusion search. If you have any mental health records would would be disqualified. So there should be nothing for them to forward on. This was a paper archive restoration. I kind of feel like constantly nagging the adjusters office is just going to distract them from getting the system back in place. Once the system is restored the checks should start flowing out again. Hopefully they will bring in extra help to clear the backlog.

[Pizza Bob 1,488]

Anyone ever consider a class action suit?

[djg0770 481]

I am very disappointed that every "gun" lawyer I contacted didn't respond, and never even set up time for a consultation. They are more than happy to take your money, and do nothing to speed up the process, but when you ask them to set up a class action suit, they ignore you.

 

Hey Pizza Bob - read above...

[Agent_Smith 1]

Two questions:

 

1. Has there been a followup form Dan Schmutter, the lawyer who the ANJRPC hired to look into this, according to a previous post?

2. When we say this is a "paper" restoration, does anyone know what they are doing to restore the paper archive? I read on a different thread that there were backup copies in Texas. Is that accurate?

 

Thanks

GS

[gd1147 0]

Two questions:

 

1. Has there been a followup form Dan Schmutter, the lawyer who the ANJRPC hired to look into this, according to a previous post?

2. When we say this is a "paper" restoration, does anyone know what they are doing to restore the paper archive? I read on a different thread that there were backup copies in Texas. Is that accurate?

 

Thanks

GS

 

I can only speak to question 2. My local PD handed out a memo stating that all the records in the county were stored on index cards in a card catalog (think library) in the basement of the records building. That being said backup "copies" were stored with an archival company in Texas. They also indicated that the records were freeze dried for preservation and were in the process of being defrosted. This was all back in January.

 

You would think that with this disaster they would be doing a conversion to something electronic so this doesn't happen again. We can only hope that is part of their plan.