NJ2AS has listened to your comments and complaints, one of the most common of which is that the New Jersey Firearms Laws that are in our favor are frequently ignored, specifically, 2C:58-3f.
2C:58-3f. …There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter.
There are Municipality Police Departments that violate this statute as a matter of policy. We have seen additional forms, some of which have nothing to do with firearms; we have seen the additional requirement of getting a spouse’s permission to purchase a firearm, we have seen the additional requirement to notarize the reference letters. Some of us have had our employers contacted and I personally spoke to a student with no criminal record, who just wanted his FID card who’s Dean was contacted and he was called into his Dean’s office to explain why he wanted his FID card. He wasn’t even living on campus. These are just a few examples. None of these requirements have been “specifically set forth” as required by law.
Well, enough is enough. For the past several months, we have been collecting data, speaking to attorneys and to potential plaintiffs and planning our strategy. We have called several Municipal Police Departments and gave them a fair opportunity to improve. Some have, but some have chosen to ignore the law.
“Operation Establish Compliance” is a lawsuit, with NJ2AS and carefully selected individuals as plaintiffs, designed to address and correct this problem.
What can you do to help?
There is much work to be done and we are still in the beginning stages, but we are now ready to move forward and hire an attorney. This is where you come in. We need $15,000 in order to hire an attorney to handle this case. We have set up a link on our website, www.NJ2AS.com, where you can donate.
Why should you donate?
This lawsuit will help all gun owners, whether you prefer rifles, shotguns or pistols, whether you are interested in competition, collecting, recreation or self-defense, whether you are young or old, male or female, this lawsuit is about you. This is an opportunity for all gun owners to come together and rally behind solving a problem that has remained unresolved for decades.
Why are we not addressing violations of the 30 day limit?
NJ2AS is also looking at that as a potential lawsuit. It is possible that we may include that within this lawsuit, but that will be a tactical decision that we make when we consult further with our attorney. Whatever decision we make will be designed to give us the best chances for success and for establishing favorable case law that will work in our favor in future lawsuits.
Why has NJ2AS decided to file a lawsuit?
The ANJRPC and SAF are already engaged in their own lawsuits covering other problem areas of NJ law. ANJRPC is challenging One Gun a Month. ANJRPC and SAF together are challenging the “justifiable need” requirement for obtaining a NJ Permit to Carry a Handgun. There is a military strategy called “hammer and anvil.” ANJRPC and SAF are the anvil. The State is pinned down and occupied with their lawsuits. It is time to start hammering!
The Legislature and the Attorney General’s Office have forced us to this point. New legislation could be passed to fix the permitting processes once and for all and has been discussed for years. However, no pro-gun rights legislation has made it out of the Law and Public Safety Committee for over 20 years.
The Attorney General could issue a directive tomorrow instructing the Municipal PD’s to comply with the law. But, instead, what they have said to us is the equivalent of “we are not going to follow the law unless you make us follow the law.” Meanwhile, they send good citizens like Brian Aitken (http://en.wikipedia.org/wiki/Brian_Aitken), Gregory Revell (http://news.yahoo.com/s/ap/20110118/ap_on_re_us/us_supreme_court_gun_arrest) and Joseph Pelleteri (http://lawlibrary.rutgers.edu/courts/appellate/a339-95.opn.html) to prison for honest mistakes or circumstances beyond their control.
Please consider donating.
We are asking you to help. Please pitch in anything that you can. $15,000 is a very achievable number and can be reached quickly with donations of $10, $20 or $50. Our goal is to reach the $15,000 mark by March 31st. You will be able to see the total donated on our website. We will keep everyone informed of our progress.
You can be a part of the effort. Together, we CAN make a difference. Thank you in advance for your support. Please click the donate button under the donation meter to help! If you do not have paypal, you can send a check made out to the New Jersey Second Amendment Society and just write “Litigation Fund” on it. You can either bring it to any upcoming meeting or event or mail it to P.O. Box 128, Manahawkin, NJ 08050