Citizens Challenge New Jersey Carry Permit Denials

By David Codrea

USA – -(Ammoland.com)- Judges, court and police officials and the New Jersey state attorney general have been named as defendants in a complaint by two residents denied concealed carry permits, one with threats against his life and the other with high-level security responsibilities. Plaintiffs Israel Albert Almeida and Michael R. Tumminelli filed Monday in the United States District Court District of New Jersey, Newark Division.

“Almeida was an Emergency Medical Technician in the City of Newark for 23 years. Almeida served as the lead medical tactical technician for the Newark Police SWAT team for over 15 years,” the complaint notes. Now a property manager, he had to evict a career criminal and known gang member, resulting in numerous threats to have him killed and to “dump his body on a dead end street to make it look like a robbery.” He “was also the subject of an attempted carjacking.”

Almeida’s request for a New Jersey Handgun Permit was denied, and the judge rejected his appeal, citing among other things, an increased danger caused by carrying a handgun. The judge further engaged in blaming the victim, claiming Almeida voluntarily chose his line of work. And the Sussex County Prosecutor weighed in, saying Almeida “did not meet the justifiable need standard.”

He was left with the only “legal” options being to “shut down his business; conduct his private business in a different manner; or hire a private armed security guard.”

Tumminelli’s story is similarly outrageous. A Department of Defense Program Manager with important intelligence responsibilities for “Top Secret and compartmentalized caveat clearances that allow for highly sensitive information to be retained,” he “is responsible for safe-keeping highly classified documents which make him a target.”

Despite threats that have been documented in official government threat assessments, Tumminelli has also been denied a permit for “failing to demonstrate a justifiable need to carry a handgun.”

Among other issues raised, the complaint charges violations of the Second Amendment And due process. Of counsel on the complaint are attorneys Ryan S. Watson, Stephen Stamboulieh and Alan Beck, familiar to AmmoLand News readers for their filings in the Watson and Hollis post-1986 machine gun ban challenges, both of which are being assisted with fundraising by the Heller Foundation.

A conclusion of interest to all Second Amendment advocates: If two citizens with stellar records of being law-abiding and responsible –and with clear justifiable need — cannot overcome the infringements New Jersey imposes,  the right to keep and bear arms is being effectively denied to “the whole people.” With no repercussions.

The complaint follows. Readers are encouraged to set aside the requisite time to read it in detail, to see how outrageous and in-your-face the denials are.

Almeida Complaint by David Codrea

 

UPDATE: Attorney Stamboulieh advises the group behind support for the Almeida/Tumminelli complaint is Party of Six.


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament.

In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.