Statement of My Position on 2A and Permit Process & CCW
In my view the Second Amendment of the United States is not negotiable. The right to bear arms is not a privilege as is a NJ driver’s license, instead it is an uncompromising right, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Additionally, “The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.” Therefore, in my view N.J. law hinders and or prevents citizens of New Jersey from exercising their right to bear arms and exercising their right to carry concealed weapons and is in violation of federal law.
We all know that these arguments have been and will continue to be debated in courtrooms across our state. And the end result will be as it has always been, hundreds of thousands of dollars in legal fees paid by taxpayers, and thousands of dollars in fines paid for by the state to legal gun owners whose rights were violated. One such example was reported on April 05, 2016: The State Attorney General’s Office has paid a New Jersey gun rights group $101,626 in legal costs and released documents describing the state’s firearms background check process after fighting their disclosure in court for years, NJ Advance Media has learned. The payment was ordered by a judge after a lengthy legal battle between the state and the New Jersey Second Amendment Society, which was seeking the State Police’s guide for local departments performing checks on those applying for gun permits.
Absent a federal interpretation of the Second Amendment as a non-negotiable Constitutional Right, it will be my position as Governor of the State of New Jersey to propose a number of changes to New Jersey firearms laws that will provide citizens of our state a smooth and clear pathway to purchase firearms and carry concealed weapons.
As governor, I will be committed to first work vigorously to build a consensus and positive working relationship with both parties in the legislature to support these changes. If a consensus cannot be agreed to, then it will be my position to remedy this matter by taking the issue directly to the people and eventually via the election process.
Policy Changes within 15 Days of Taking Office:
- All New Jersey law enforcement agencies, including the New Jersey State Police shall provide an application form that is to be used by a person who applies for a concealed handgun license and an application form that is to be used by a person who applies for the renewal of a license of that nature or who requests a firearm I.D. card, immediately upon request. Said applications will be available at law enforcement headquarters buildings 24/7 and on law enforcement websites in printable form. No extra forms or notices or signatures of family members will be used by any law enforcement agency, with regard to a firearms ID application, permit to purchase, and a carry permit application, of the person who is applying for such permits.
- The New Jersey Attorney General will establish a procedure by which a police chief shall take action on each concealed handgun license, replacement concealed handgun license, or renewal concealed handgun license and each concealed handgun license on a temporary emergency basis or replacement license on a temporary emergency basis, and all gun permits, within 30 days from the time the applicant submitted his/her request for license/permit.
- Applicants who are denied said license(s) or permit(s) are to be provided due process in a court of law, specifically created to address 2nd Amendment issues, no later than 15 days after said license(s) permit(s) are denied. Law abiding citizens (of all people) should receive a speedy appeal process.
- If said denial of a license/permit is overturned, the State of New Jersey shall pay for all court costs and gun owners legal expenses related to said appeal.
- As governor, I will seek changes in the law that will specifically be applicable to members of the armed forces of the United States and honorably retired law enforcement officers as follows: An active duty member of the U.S. Armed Forces and honorably retired law enforcement officer, will not need a concealed handgun license to carry a handgun concealed if the member is carrying a valid military identification (or valid retired law enforcement I.D. card) and documentation of successful completion of specified firearms training as required by law.
- With regard to the collection of statistical information, such as issuance, renewal, suspension, revocation, and denial of concealed handgun licenses and the suspension of processing of applications for those licenses, and with respect to the issuance, suspension, revocation, and denial of concealed handgun licenses on a temporary emergency basis as reported by police, the names, addresses, or any other information related to the identification of the gun owner shall not be released, and will not be considered information that falls under the Open Public Records Act due to public safety concerns.
- The New Jersey Attorney General will be directed to enter into a reciprocity agreement with all states acknowledging same. Additionally, the State of New Jersey will recognize the owner of a “Valid concealed handgun license” or “valid license to carry a concealed handgun” that is not under a suspension (or under a suspension provision of the state other than this state in which the license was issued, and that has not been revoked or under a revocation provision of the state other than this state in which the license was issued.
- The New Jersey Attorney General will be directed to cease all litigation with regard to “justifiable need” and as Governor, I will support John Drake and others seeking the intervention of the U.S. Supreme Court.
- How any judge or panel or group of politicians can tell the citizens of this state what their “justifiable need” is to protect themselves is unconscionable.
As Governor, if necessary, I will take this cause directly to the people, explaining to them that in a day and age of increased criminal activity, and the possibility of a terrorist attack, giving trained, law abiding citizens their constitutional right to obtain a means to defend innocent people from becoming victims of said acts is now an absolute necessity to protect our homeland, here in New Jersey.