Friday, January 27, 2012

New Jersey Ammo Ban Vote this Monday!

On Monday, January 30 at 2:00 p.m. the New Jersey Assembly Law & Public Safety Committee is scheduled to consider A588, legislation that would enable the Attorney General to ban all handgun and most rifle ammunition if he unilaterally determines that it "poses a threat to the safety and well being of law enforcement officers.”

Cleverly disguised as police safety legislation aimed at armor piercing ammunition (which is already prohibited under federal and state law), the measure actually opens the door to a sweeping ammunition ban by an unelected public official by executive fiat. Common hunting, target, and self-defense ammunition would be subject to ban, along with BB's, airgun pellets, and non-metallic ammunition like plastic airsoft pellets, if the Attorney General decides that they pose a threat to the safety and well being of law enforcement.

Although the bill only mentions handgun ammunition, it is in fact not limited to handgun ammunition, and would apply to all rifle ammunition for which a handgun is ever made. As an increasing number of gun manufacturers make handgun models that shoot rifle caliber ammunition, the line between "handgun” vs. "rifle” ammunition has become blurred, and the New Jersey State Police have already begun treating rifle ammunition in this category as if it were handgun ammunition for regulatory purposes. So long as a handgun exists that shoots a particular caliber of rifle ammunition,
New Jersey treats that ammunition as if it were handgun ammunition.

The Assembly Law and Public Safety Committee is also scheduled to consider A1013 on Monday. One provision of this police safety legislation significantly increases the penalties relating to "defaced” firearms. Because of New Jersey's longstanding poorly crafted definition of "defaced” firearms, it is possible that refinishing a firearm, or long-term damage from rust or scratches from ordinary wear and tear, could be deemed "defacement” subjecting honest gun owners to lengthy prison sentences, even though identifying information on the firearm is still legible.

PLEASE IMMEDIATELY CONTACT MEMBERS OF THE ASSEMBLY LAW & PUBLIC SAFETY COMMITTEE!

TELL THEM TO VOTE "NO” ON A588 - BACKDOOR AMMUNITION BAN!

TELL THEM TO VOTE "NO” OR AMEND A1013 TO PROTECT HONEST GUN OWNERS FROM SEVERE UNINTENDED CONSEQUENCES!

MEMBERS OF THE NEW
JERSEYASSEMBLY LAW & PUBLIC SAFETY COMMITTEE:

Charles Mainor (Chair) (D31)
AsmMainor@njleg.org
Phone: 201-536-7851
Fax: 201-536-7854

Gilbert L. Wilson (Vice Chair) (D5)AsmWilson@njleg.org
Phone: 856-547-4800
Fax: 856-547-5496

Nelson T. Albano (D1)AsmAlbano@njleg.org
Phone: 609-465-0700
Fax: 609-465-4578

Daniel R. Benson (D14)AsmBenson@njleg.org
hone: 609-631-0198
Fax: 609-631-0324

Sean Connors (D33)AsmConnors@njleg.org

Joseph Cryan (D20)AsmCryan@njleg.org
Phone: 908-624-0880
Fax: 908-624-0587

Sean T. Kean (R30)AsmKean@njleg.org
Phone: 732-974-0400
Fax: 732-974-2564

Gregory P. McGuckin (R10)AsmMcGuckin@njleg.org
Phone: 732-974-0400
Fax: 732-840-9757

Erik Peterson (R23)AsmPeterson@njleg.org
Phone: 908-238-0251
Fax: 908-238-0256

David P. Rible (R30)AsmRible@njleg.org
Phone: 732-974-1719
Fax: 732-974-3615

Bonnie Watson Coleman (D15)AswWatsonColeman@njleg.org
Phone: 609-292-0500
Fax: 609-633-2179

Tuesday, January 24, 2012

Friday, January 20, 2012

The New Jersey Second Amendment Society Files Appeal to Force State Police to Disclose Public Documents

For Immediate Release:

Manahawkin, NJ - On Wednesday January 4, 2012, Rick Gutman the attorney for the New Jersey Second Amendment Society (NJ2AS) filed an appeal with the NJ Appellate division in its lawsuit against the NJ Division of State Police. This case revolves around the state’s refusal to allow lawful New Jersey residents reasonable access to documents which directly impact the processing of their applications for Firearms Identification Cards and Handgun Purchase Permits. After receiving numerous complaints from applicants who were subjected to extended delays, intrusive forms and other requirements that clearly go beyond what is allowed by law, the NJ2AS took decisive action.

A formal Open Public Records Act (OPRA) request for access to the NJ Division of State Police Firearms Applicant Investigation Guide was filed on March 14, 2011. A week later this request was summarily denied. Attorney Gutman then filed a lawsuit requesting that an “order to show cause” be served on the NJ Division of State Police to explain why they refused to allow access to what should be considered a public document. The order to show cause was served on May 6, 2011.

After multiple delays by the state’s attorney general’s office the case was heard by Judge Douglas Hurd in the Superior Court of New Jersey in Trenton on December 2, 2010. Unfortunately, Judge Hurd ruled against the NJ2AS. The judge’s decision was based in part on the exemption which the Division claimed under Governor Christie’s Executive Order #47. Part of this order exempts certain governmental agencies from having to reveal Standard Operating Procedures (SOP’s) no matter how innocuous. The NJ2AS’s request for access was also denied under the Common Law Right of Access (CLRA) which balances the plaintiff’s right to access against the state’s perceived need to protect the public interest.

The NJ2AS contends that there can be no threat to the public interest in exposing the contents of a guide designed to assist municipal authorities through the convoluted process of granting a NJ resident a Firearms Identification Card or a Permit to Purchase a Handgun. Every applicant must submit to a thorough criminal background check as well as a mental health check. They must be fingerprinted and have their fingerprints checked through an FBI database. The Society believes that nothing in the guide could possibly disclose any way to circumvent this rigorous process.

The NJ2AS also contends that the entire process is redundant since a handgun purchaser must submit to an FBI National Instant Criminal Background Check (NICS) at the point of purchase. The antiquated NJ Division of State Police processing was designed at a time before this more efficient national process was developed. New Jersey’s system has since become a slow, costly and redundant relic in light of this newer computerized system.

Frank Jack Fiamingo, the founder and President of the New Jersey Second Amendment Society states

“If the state insists on continuing the use of this inefficient system of processing applications, New Jersey residents must have access to the guide in order to ensure that they are not being subjected to tougher standards then residents in any other part of the state. We have received numerous complaints from our members as well as members of the community at large that they are being treated unfairly. For instance, we have identified more than 25 NJ municipalities that have introduced additional forms which are specifically disallowed under the NJ firearms statutes”.

In addition, Fiamingo indicates that he has received countless complaints of delays in processing that range from several months to over a year. According to the statutes, these applications should be processed in no more than thirty (30) days.

The New Jersey Second Amendment Society is dedicated to restoring and preserving constitutionally protected right to keep and bear arms (RKBA) for legitimate purposes.

###

Media Contact: Mark Steele, Director of Internal Communications, communications@nj2as.com

Friday, January 13, 2012

Legislation to Repeal Gun Rationing Introduced

From the NRA-ILA:

Last Tuesday, the first day of the 215th session of the New Jersey Legislature, Assembly Bill 857 was introduced.
 
Introduced by Assemblywoman Alison Littell McHose (R-24), A 857 would repeal New Jersey's law which allows residents to purchase only one handgun per month.  Current law states, "A dealer shall not knowingly deliver more than one handgun to any person within any 30-day period."
 
Supporters of gun rationing claim that this law is needed to prevent criminals from buying large quantities of handguns for illegal resale.  The following are three reasons why gun rationing should be repealed:
 
  1. Criminals do not buy firearms from licensed firearm dealers (FFL's), who are required to clear a purchaser through the National Instant Criminal Background Check System (NICS).
  2. Firearm dealers are required to report to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and state or local law enforcement officials any person who buys more than one handgun in a five-day period. 
  3. Under the federal law, interstate handgun sales have been prohibited since 1968.
 
New Jersey's gun rationing law only affects law-abiding gun owners and does nothing to prevent criminals from breaking a law they violate anyway.