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FOID references and information - how its used

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So i was reading through the statutes on the FOID process. I see where the form needs to have your vital information (including current employer), along with the section for references.

 

2C:58-3

 

The application shall be signed by the applicant and shall contain as references the names and addresses of two reputable citizens personally acquainted with him.

 

Now the question is, what does the laws govern how LE can USE this information. They have your employer name and address, as well as, your two references. Are there any privacy or confidentiality laws that LE or government must follow in the handling of this information?

 

It is common practice for the PD to send "character reference" survey letters out to your two listed references, explaining that you are looking to purchase a gun etc. This seems generally accepted and is OK with everyone because we can CHOOSE who the PD will be sending these to. So there is no issues around confidentiality or privacy.

 

When it comes to the hubub around your employer, things IMO get sticky. Even without adding to the form (against the law technically) the PD has your employment information as it is prescribed to be on the FID application. What is to stop the PD from calling, visiting, writing to your employer and asking questions around how they feel about you owning a gun. The basis here is that you did not have a choice in choosing this "reference". Owning a gun is a personal decision, and one that many people would like to keep private, especially since it can be a very polarizing topic. It could affect your overall relationship with your employer, as in eroding it and eventually loosing your job.

 

I feel LE doing anything other then a general employment verification with your employer is clearly is an invasion of privacy by a government entity. If LE divulges anything to your employer about your pursuit to purchase a gun would be considered "public disclosure of private facts" and potentially "false light" where the publication of those facts can put you in a bad situation even though the facts may not be necessarily defamatory.

 

Can anyone think of other legal reasons that should prevent LE from divulging the fact that you are applying to purchase a gun to your employer?

 

From Wiki:

 

 

In the United States today, "invasion of privacy" is a commonly used cause of action in legal pleadings. Modern tort law includes four categories of invasion of privacy:[6]

  • Intrusion of solitude: physical or electronic intrusion into one's private quarters.
  • Public disclosure of private facts: the dissemination of truthful private information which a reasonable person would find objectionable
  • False light: the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory.
  • Appropriation: the unauthorized use of a person's name or likeness to obtain some benefits.

I am with you. I also believe that the two references is annoying & a violation of our rights. Is it really any of my friends business I am buying a pistol? Should my friend or my employer have any impact on me buying a firearms purchase? The answer is no.

 

This has to change & sometimes to resolve the issue you have to let it fail. Meaning we have to stop voting NJ politicians that are better than the other guy but they are both against our constitutional rights. NJ politicians (Mostly Republicans) take our votes for granted they don't have to embrace the 2nd Amendment he just needs to have a better opinion than the other guy. We have to make examples of those politicians. They aren't going to come and ask for our votes if they know we will vote for the better out of the two.

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