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Bill > A129


NJ A129

NJ A129
Requires access to law enforcement guidelines for processing firearms permit applications upon public records request.


summary

Introduced
01/14/2020
In Committee
01/14/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill would clarify that written guidelines, standard operating procedures, and practices used by law enforcement agencies in the investigation, review, and disposition of firearms-related permit applications are to be available to the public under the State's open public records statute. Currently, that law does not specifically address public accessibility to these documents. In a recent decision of the Superior Court, Law Division, currently on appeal, the court held that the New Jersey State Police Firearms Investigation Guidebook is exempt from public access because it is a standard operating procedure, a category of records that is confidential under an administrative regulation, which was made effective in its proposed form by executive order, but is now formally adopted. The public release of these records can shed light on whether firearms permitting laws are enforced uniformly across the State and in accordance with the law. This bill would clarify that such guidelines are public records and would help ensure that the firearms permitting process, which regulates the exercise of the constitutional right to bear arms, is being implemented in accordance with all legal requirements.

AI Summary

This bill would clarify that guidelines, standard operating procedures, and practices used by law enforcement agencies in the investigation, review, and disposition of firearms permit applications are considered public records under the State's open public records law. Currently, a recent court decision has held that these types of documents are exempt from public access, but this bill seeks to make them accessible to the public. The purpose is to ensure transparency in the firearms permitting process and to verify that it is being implemented in accordance with legal requirements.

Committee Categories

Justice

Sponsors (3)

Last Action

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/14/2020)

bill text


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