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Judge Rules NJ Towns Can NOT Arbitrarily Add Additional Requirements for Gun Permits

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Thanks Jeremy, way to go and congrats for your victory!

 

He needs Republican/conservative/Pro 2A voters more than we need him. I think NJ2AS and ANJRPC are right to put the screws to him, they will be getting more donations from me shortly---

We need lobbyists in Trenton working Christie.

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Unfortunately, I doubt it will prevent future shenanigans with forms. Without accountability and consequences, pd's can continue to break the law without a worry in the world. It seems they thought this guy was bluffing, but turned out he was happy parting with his time and bags of money to continue the fight in court.

 

At least it paves the way for any future court actions. I just wish there were consequences for the police not following the laws. You know, like there are for civilians.

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Unfortunately, I doubt it will prevent future shenanigans with forms. Without accountability and consequences, pd's can continue to break the law without a worry in the world. It seems they thought this guy was bluffing, but turned out he was happy parting with his time and bags of money to continue the fight in court.

 

At least it paves the way for any future court actions. I just wish there were consequences for the police not following the laws. You know, like there are for civilians.

I agree as I'm sure there will remain some PD's that will thumb it's nose at this ruling but it is a excellent starting and arguing point to use on those Departments who issue additional criteria just to see if it will stick.

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If you read the statement the judge remanded, so that means the courts still have to consider criminal charges against the Paterson Police Department.  I am taking half a day off tomorrow to give the local police department a copy of the ruling along with my money order from April and my three other forms I printed out just for them.

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IIRC when a department is made aware they are operating outside the law, they can actually be held accountable for continuing to do so with real and significant penalties.

...such as?

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So is this an actual law now? What happens next?

 

This has been the law - I fail to see why he had to take them to court to uphold it. Isn't that the county prosecutor's job?

 

IIRC when a department is made aware they are operating outside the law, they can actually be held accountable for continuing to do so with real and significant penalties.

 

2C:30-2 Official Misconduct

 

If a government entity knowingly violates the law they can be investigated/prosecuted under the Official Misconduct statute.

 

Thank you Jeremy, but it seems that this maybe should have been handled by the County Prosecutor or the State AG. It's a shame that you had to spend the money to get them to uphold an existing law. If I were you, I'd be looking to the state or county for reimbursement of your legal expenses.

 

Adios,

 

Pizza Bob <---IANAL

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So is this an actual law now? What happens next?

It was the actual law before. Towns that didn't believe they had to follow the law are why Jeremy(my hero!) had to establish a case to force the courts to remind the towns that they had to comply.

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Great win, however what's to stop some other town from still disregarding the law regardless of this case and require additional requirements and deny if not met?  Wouldn't an individual still need to sue the town?  Like many have said this has always been the law...

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So is this an actual law now? What happens next?

it's always been the law, the court just reminded the dopes at the PD that they need to follow the law just like the rest of us. When I went to Toms River a few years back for a new pistol permit they had all the extra forms, when an family member went down recently only the forms in the statute were required. I'm guessing the NJ2AS had everything to do with this, bravo to the judges

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it's always been the law, the court just reminded the dopes at the PD that they need to follow the law just like the rest of us. When I went to Toms River a few years back for a new pistol permit they had all the extra forms, when an family member went down recently only the forms in the statute were required. I'm guessing the NJ2AS had everything to do with this, bravo to the judges

You bet they did. I live in toms river and was not happy when I first saw those forms. Just an FYI I went down today to pick up my conceal carry app and some handgun permits and no extra paperwork.

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Jeremy- if you have any legal fees that you need help with I would be happy to kick in some $ as I'm sure others would. Post up a donation site and I'm sure you can get some help for fighting the good fight

 

I appreciate the offer. Had anyone asked at the time I started, I would have gladly accepted the financial help. I used what little I had saved at the time to hire legal council. I'm doing ok these days and cannot in good conscience accept any money from the 2A community. Anyone that would have felt compelled to donate should send the money to the NJ2AS and ANJRPC. These guys still have a lot of fighting to do for us.

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I appreciate the offer. Had anyone asked at the time I started, I would have gladly accepted the financial help. I used what little I had saved at the time to hire legal council. I'm doing ok these days and cannot in good conscience accept any money from the 2A community. Anyone that would have felt compelled to donate should send the money to the NJ2AS and ANJRPC. These guys still have a lot of fighting to do for us.

You sir, are a class act!

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You bet they did. I live in toms river and was not happy when I first saw those forms. Just an FYI I went down today to pick up my conceal carry app and some handgun permits and no extra paperwork.

so the firearm permit lady actually slid a carry application under the glass? I'm surprised anyone even knew the form existed. I will say her tone has changed. I always got a "why do you need a gun sonny" vibe from her. When I accompanied a female family member she seemed very supportive of a first time FID & PP applicant. Might be a comradery thing but it was a better experience for sure.

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This has been the law - I fail to see why he had to take them to court to uphold it. Isn't that the county prosecutor's job?

 

 

2C:30-2 Official Misconduct

 

If a government entity knowingly violates the law they can be investigated/prosecuted under the Official Misconduct statute.

 

Thank you Jeremy, but it seems that this maybe should have been handled by the County Prosecutor or the State AG. It's a shame that you had to spend the money to get them to uphold an existing law. If I were you, I'd be looking to the state or county for reimbursement of your legal expenses.

 

Adios,

 

Pizza Bob

Something messed up. Just replied here with quote and its not showing. Weird.

 

Again, Passaic County Officials are so crooked and messed up, they are beyond hope till someone stops them. They can care less what you want, say or think and do what they want.

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so the firearm permit lady actually slid a carry application under the glass? I'm surprised anyone even knew the form existed. I will say her tone has changed. I always got a "why do you need a gun sonny" vibe from her. When I accompanied a female family member she seemed very supportive of a first time FID & PP applicant. Might be a comradery thing but it was a better experience for sure.

 

She was not in that day. Another woman helped. But I know who you are talking about!

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For those who wish to read the complete ruling:

http://www.judiciary.state.nj.us/opinions/a0498-12.pdf

 

And read about the Judges who made the ruling:

http://judgepedia.org/Jane_Grall

http://judgepedia.org/Allison_E._Accurso

 

Thank you, Your Honors!

Job well done.

 

 

Anyone have a link to the written decision of the court, or a citation?

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I appreciate the offer. Had anyone asked at the time I started, I would have gladly accepted the financial help. I used what little I had saved at the time to hire legal council. I'm doing ok these days and cannot in good conscience accept any money from the 2A community. Anyone that would have felt compelled to donate should send the money to the NJ2AS and ANJRPC. These guys still have a lot of fighting to do for us.

 

You are a class act JeremyP!  You give hope to and set an example for your comrades in the PRNJ. Words mean nothing.....Action is everything and you took action. I thank you sir!

 

I am now off to renew my expired membership with the NJ2AS.  Done.

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Hmm my town is still requiring an information waiver. Now how do I prove that my police chief received... certified mail with a return receipt? No...I'd say email, but I don't know how I'd prove the attachment's contents. I'm sure he will not comply. He's quite an obnoxious, pretentious, and condescending fellow. Offical misconduct would suit him well.

 

Jeremy, thank you for your time, patience, money spent, and faith for this cause. Donation to help fight the good fight will be sent out.

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