NJ22AS Files Appeal to Force State Police to Disclose Gun Documents

Reposting the below from http://www.ammoland.com/2012/01/18/nj22as-files-appeal-to-force-state-police-to-disclose-gun-documents/


Manahawkin, NJ --(Ammoland.com)- 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.

“If the state insists on continuing the use of this inefficient system of processing applications,” states Frank Jack Fiamingo, the founder and President of the New Jersey Second Amendment Society, “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

Bob concedes

Midway through 2nd ballot, Bob calls it a day.

Results....486

Serena 243
Bob 140
Peter
Ryan

At least 487 @ convention

Bob Walsh For Freeholder

After careful review of the Freeholder candidates at multiple forums as well as a review of facts and statistics from their hometowns and feedback from other like-minded, concerned, private sector taxpayers, I'd like to share the following opinions and observations:

  Bob Walsh is a fiercely Independent Republican -- despite being at odds with his local Republican committee, Bob forges ahead for the good of ALL taxpayers, and the good of the Republican party. Bob stands firm on his principles and convictions and is unyielding to "higher-ups" or those who would try to put road-blocks in front of him. His life story is one of overcoming hardships and diversity and that life experience gives him the ability to represent average, honest, working class people who also face the [currently dim] economic and social environment.

  Bob Walsh is an open, honest and often blunt speaker -- if anyone is unsure of where Bob stands on an issue, they should ask him. Bob is well informed and will consistently speak the honest truth, even if it is a controversial or a dissenting opinion, and not sugar-coat an issue simply to make people feel good or make friends. Bob does not shy away from confrontation but rather stands firm for what he believes in while being open to the facts and reality around us.

  Bob Walsh has courage and political will -- Bob has made every effort to work within the framework of the State Constitution and NJ state law to limit the size of his local government and make government more affordable. While major reforms are much needed in our system, those reforms must be made at the state level where Democrats control the Legislature in opposition to the principles we stand for as Republicans, and Bob has succeeded in working within the system we have to the benefit of taxpayers. Further, Bob Walsh will not be bullied by department heads, union bosses or other beneficiaries of the system as he has proven in his own town.

  Bob Walsh is a fellow, Independent private sector taxpayer -- Bob is not a public worker and his livelihood is not dependent on political outcomes. Bob has no conflicts of interest with his fellow taxpayers and is not a beneficiary of the public system. Public workers may despise him, and Democrats may attack his unique personality, but attacks on his conviction to principles and his defense of taxpayers will be without merit.

I thank all of the candidates, their supporters and the eventual Freeholder for answering my questions and I pledge my full support, time and dedication to whoever is elected, but it is these specific qualities, among others, that I see in Howell Mayor Bob Walsh that, in my humble opinion, make him stand out among the other candidates for Freeholder at this time. It is for these qualities, many of which I believe that I share in common with Mayor Walsh, that many of you have supported me in the past and I ask you to extend that support to Bob Walsh on Saturday January 14th, and again in November.

Thank you for your time and consideration.

James Hogan
Monmouth County Republican Committeeman
Long Branch District 10

Security Theater On Display

Talk about Security Theater. One of my favorite daily nerd web-reads, (Slashdot or /.), tips me off to to the Massachusetts Bay Transportation Authorities latest efforts to stop terrorism.

I'll simply quote the one line from the MBTA website (http://mbta.com/transitpolice/default.asp?id=19050) that once again proves these aren't efforts by law enforcement to make anyone safer, it's simply a way to justify jobs and spend "Homeland Security" money while putting on a (good?) show. Here it is, hold on to your hats...

There are notices posted at the entrance to the station that the inspection is in progress

Surely, the clever terrorist with the dirty bomb will see the sign and just do the right thing and walk on over to the the friendly security officer to check his weapons, just like the fine, law-abiding citizen Meredith Graves did at the World Trace Center Memorial.. Ohh right, there are no such signs there... 


Clearly I make bad jokes, but it's no laughing matter. Security of our nation and our selves and our family members should be the top priority for every individual.  Learn self-defense at your local gym, take the firearms classes at Brick Armory, stay in good physical shape and keep your senses on alert at all times, because the actions and methods of the MBTA are laughable at best, even liberals should be offended at the clear waste of resources, and they offer you no protection, at a great financial cost, as well as a great cost to your Freedom and Liberty. 


Stay safe my friends.

Gary Johnson Runs as 3rd Party/Libertarian Party Candidate

It seems like a dream could come true... as Gary Johnson has announced his third-party bid for the White House as a Libertarian Party candidate.

While I really like what Gary Johnson stands for and his record, I'm not sure that America is ready, despite all of the problems we have today, to elect a 3rd party candidate and I suspect that he'll, at best, draw a small percentage of libertarian leaning Republicans his way and that small percentage could be what puts Obama over the top.  It'll be interesting to see who the Republican candidate ends up being and who Johnson runs with as a VP, or what kind of fundraising Johnson can do as a 3rd party candidate.

For the most part, I honestly don't expect much -- but I'm glad he's staying in the race -- and hopefully he'll get to join in the debate with the Republican candidate, and Obama, when the time comes.

In a statement, Johnson says, "If I earn the Libertarian nomination, I will be on the ballot in all 50 states. I will not be held hostage to a system rigged for the wealthiest and best-known candidates in a handful of states who happen to have early primaries. And most important, we will offer a political 'home' for millions of Americans who are not finding one in the current political establishment or its candidates."

The Gary Johnson website is http://www.garyjohnson2012.com/

Welcome Home Troops, Thanks

Thank you to all of the men and women of our US Armed Forces who are returning home from Iraq this holiday season. Your sacrifices and dedication to your county as individuals are not overlooked and I for one appreciate and honor your willingness and ability to proudly represent this great nation. Thank you again and welcome home.

May the holidays bring you joy and may the new year safely bring your brothers and sisters home from Afghanistan and other foreign nations.

Tea Party Leader Arrested After Attempting to Check in With Gun at Airport

This sounds like the Brian Aitken story all over again... a normal guy an outspoken Tea Party guy trying to obey confusing and ridiculous laws, transporting his firearm, unloaded, in a locked case, was arrested today for not having a NY carry permit (which no one seems to have) when he tried to declare/check his firearm at the airport to board a flight back to California where he is licensed to carry. The gun is legally owned and licensed from what I could gather from the early news reports.

I've said it before and I mean it -- I like to say that I'm not afraid to use my little blog here to go after anyone or anything. Truth is, since my friend Art was arrested and his story become front page news because of his outspoken views, I've reconsidered. The system is about making losers out of good people. Mark Meckler being arrested for exercising one of his God given basic rights protected by our Constitution is just another sign that maybe it's just not possible to really stand up for principles you believe in without certain reprisal.

With each day that passes, and with all levels of Government having such a low approval rating, and more and more people - be it the Tea Party folks, the loony OWS folks or just average cube workers like me - fearing their government and police action more and more each, I just don't see things getting better without getting much, much worse.

What I was thinking, said in a More Gooder Way

Tom over at Radio Free NJ has written what I think may be a very common feeling among conservative Republicans right now.

In my opinion, Tom's writing is always well done and well thought out must read material, but this one just happens to be just what I was thinking, and pretty much the explanation for why I've been a bit quiet lately. It's a sad state of affairs really when this is the best We The People can do.

http://freenj.blogspot.com/2011/12/rapaciousness-and-politicians.html

National Right to Carry Reciprocity Act

National Right-to-Carry Reciprocity Act to be voted on in the U.S. House of Representatives this week! On Tuesday, November 15, the U.S. House of Representatives will vote on H.R. 822, the "National Right-to-Carry Reciprocity Act." Please contact Representative Pallone and urge him to vote for this pro-gun legislation. This important bill would allow any law-abiding concealed carry permit holder to legally carry a concealed firearm while visiting any state that does not prohibit concealed carry.

Please contact Rep. Pallone as soon as possible and urge him to vote for H.R. 822, the "National Right-to-Carry Reciprocity Act". Phone: Washington, DC (202) 225-4671 Long Branch (732) 571-1140 Email: http://www.capwiz.com/nra/issues/alert/?alertid=55111516

The Facts About H.R. 822, the "National Right to Carry Reciprocity Act" Unfortunately, but predictably, H.R. 822 continues to be attacked by anti-gun organizations and the media. Regrettably, even some so-called "pro-gun" organizations have joined with the anti-gun Brady Campaign and Michael Bloomberg's Mayors Against Illegal Guns to try to defeat this pro-gun bill. This critically important legislation, introduced earlier this year by Congressmen Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.) and cosponsored by more than 240 of their colleagues, would enable millions of permit holders to exercise their right to self-defense while traveling outside their home states. There is currently only one remaining state (Illinois) that has no legal way for individuals to carry concealed firearms for self-defense. Forty states have permit systems that make it possible for any law-abiding person to obtain a permit, while most of the others have discretionary permit systems. (Vermont has never required a permit.) H.R. 822 would mark a major step forward for gun owners' rights by significantly expanding where permits are recognized. Dozens of states have passed Right-to-Carry laws over the past 25 years, because the right to self-defense does not end when one leaves home. However, interstate recognition of permits is not uniform and creates great confusion and potential problems for travelers. While many states have broad reciprocity, others have very restrictive reciprocity laws, and a few deny recognition completely. H.R. 822 would solve this problem by requiring that lawfully issued carry permits be recognized in all states with some form of a permit system, while protecting the ability of the various states to determine the areas where carrying is prohibited within their boundaries. Opponents of the legislation claim that it tramples on "states rights." States, however, don't have rights, they have powers. And while many anti-gun lawmakers who've long pushed national gun bans, national bans on private gun sales, national waiting periods and other federal restrictions have suddenly become born-again advocates of "states' rights" in opposing this bill, several provisions in the U.S. Constitution give Congress the authority to enact interstate carry. Congress also has the power to protect the rights of citizens, nationwide, under the 14th Amendment (please see related article from last week's Grassroots Alert). Next, despite what a few so-called "pro-gun" activists have argued, this bill would not create a federal licensing or registration system, nor would it establish a minimum federal standard for carry permits. Rather, it would require the states to recognize each others' carry permits, just as they recognize driver's licenses and carry permits held by armored car guards. Unfortunately, these self-proclaimed "gun rights" supporters, who have no active lobbying presence in any legislature, have an agenda that has very little to do with promoting the interests of gun owners. Here are the FACTS about a few of their claims: Myth: H.R. 822 would involve the federal bureaucracy in setting standards for carry permits, resulting in "need" requirements, higher fees, waiting periods, national gun owner registration, or worse. FACT: H.R. 822 doesn't require-or even authorize-any such action by any federal agency. In fact, since it would amend the Gun Control Act, it would fall under a limitation within that law that authorizes "only such rules and regulations as are necessary to carry out" the GCA's provisions. No federal rules or regulations would be needed to implement H.R. 822, which simply overrides certain state laws. Myth: H.R. 822 would destroy permitless carry systems such as those in Arizona, Alaska, Vermont and Wyoming. FACT: H.R. 822 would have absolutely no effect on how the permitless carry states' laws work within those states. For residents of Arizona, Alaska and Wyoming, where permits are not required but remain available under state law, H.R. 822 would make those permits valid in all states that issue permits to their own residents. Residents of Vermont, where no permits are issued or required, could obtain nonresident permits from other states to enjoy the benefits of H.R. 822. Myth: If H.R. 822 moved through the legislative process, it would be subject to anti-gun amendments. TRUTH: By this logic, neither NRA, nor any other pro-gun group, should ever promote any pro-gun reform legislation. But inaction isn't an option for those of us who want to make positive changes for gun owners. Instead, we know that by careful vote counting and strategic use of legislative procedure, anti-gun amendments can be avoided or defeated. H.R. 822 is a good bill for gun owners. Don't listen to false or misleading accusations; instead, read the bill and our fact sheet explaining its provisions. Then, please contact your member of Congress and urge him or her to support the earliest possible consideration of H.R. 822 this year. Please contact Representative Pallone at (202) 225-4671 or by email by clicking here and urge him to stand up for gun owners' rights by voting for this important legislation.

Gary saying "winning"

Still winning.

BiWinning!

Election Day Message From President Pomanowski

It has a certain ring to it, "President Pomanowski". Of course, I'm referring to one of the hardest working Republicans in our county, Monmouth County Affiliated Republican Club President, Wayne Pomanowski. Below is the message he sent in an email this afternoon.

Also, be sure to check out NeptuneMatters today. This is what we're up against, "folks".

Dear Republican,

Today is November 8th - Election Day 2011. This is an important day not only for our candidates on the ballot at the municipal, county and legislative levels, but particularly for our state's Chief Executive Officer, Governor Chris Christie.

We all know that Governor Chris Christie is a real executive. He and our hometown Monmouth County star, Lt. Governor Kim Guadagno have made reopening New Jersey Inc. for business and job growth with lower taxes and less red tape one of their main priorities in office.

Ever since the Christie-Guadagno team hit their historic homerun in 2009, taxpayers have been winning.

Now even though we don't officially have a gubernatorial election this year, the 2011 election will determine whether our Governor can continue working to restore New Jersey to our historical greatness through ethical, transparent, conservative leadership or whether the other party in the legislature will be allowed to stonewall him and attempt to backpedal our state to the days of progressive-heartthrob Jon Corzine who has now earned the dubious distinction of not only running a state government into the ground but also bringing his job-killing skills into private enterprise.

Governor Christie needs you to go out and vote Republican so he has the support he needs in the State Assembly, State Senate, Freeholder Boards and Municipalities to keep his agenda moving.

British Prime Minister Sir Winston Churchill once said,

"You have enemies? Good. That means you've stood up for something, sometime in your life."

And that couldn't be more true this election. The Republican Party, led by Governor Christie is standing for the taxpayers and the other party is standing for those who wish to live off of the taxpayers.

SO GO OUT AND VOTE REPUBLICAN. CALL YOUR REPUBLICAN FRIENDS AND FAMILY AND MAKE SURE THEY VOTE. IF YOU HAVE YOUNG VOTERS IN YOUR HOUSEHOLD, MAKE SURE THEY GET OUT AND VOTE REPUBLICAN. IF SOMEONE YOU KNOW NEEDS A RIDE TO THE POLLS TO VOTE REPUBLICAN, DRIVE THEM.

WE MUST ENSURE EVERY REPUBLICAN MAKES IT TO THE POLLS TODAY, NO REPUBLICAN CAN BE LEFT BEHIND.

STAY TUNED TO

HTTP://WWW.MONMOUTHCOUNTYREPUBLICANPARTY.ORG

AND REFRESH YOUR BROWSER FOR UP-TO-THE-MINUTE ELECTION RESULTS, DIRECT FROM THE OFFICE OF M. CLAIRE FRENCH, AMERICA'S GREATEST COUNTY CLERK.

BE SURE TO HEAD OVER TO THE AMERICAN HOTEL LOCATED 18-20 EAST MAIN STREET IN FREEHOLD TONIGHT STARTING AT 7:30PM FOR AN ELECTION NIGHT PARTY TO REMEMBER.

Thank you and God Bless New Jersey,

Wayne Pomanowski, President

Monmouth County Affiliated Republican Club

Wayne Pomanowski
Monmouth County Affiliated Republican Club