A few weeks ago, we received reports from Fort Lee residents that the borough was requiring (requesting?) additional, non-standard paperwork, beyond what the state requires or even allows as it pertains to applying for a New Jersey permit to carry a handgun (PTC). We suspect that they are also doing this for pistol purchase permits (PPP) and firearms purchaser identification (FID) cards as well. However, the brief investigation we did for this article focused on carry permits.
Before we get into the documents that the “permitting officer,” Sally Fong, was and may still be requesting from applicants, we should briefly talk about the normal application process of applying for a PTC in the state. In recent years, after the Bruen ruling forced the state to become a “shall-issue” jurisdiction, the entire process of applying was moved to a fully-online system. A person is able to completely avoid visits to the police station, exchanges of physical paperwork and money.
Click here to read a thorough description of New Jersey’s application process for a PTC.
It is also important to note that even before the application system moved fully online, the state Attorney General issued a directive (Directive 2016-4) which very specifically prohibited issuing authorities from requiring their own additional forms or submission of other documents outside the scope of what the state requires.
Click here to read New Jersey Attorney General directive 2016-4.
In order to verify the reports we were receiving, we conducted an anonymous investigation. First, we sent an e-mail to Officer Fong expressing interest in applying for a PTC and asking how to get started. She responded with some benign questions and attached two PDF files in her response. One of the files was regarding applying for PPP’s and FID cards. The other was a bullet-point guide on how to apply for a carry permit.
Click here to read the PDF sent by Officer Fong regarding applying for a carry permit.
What was Fort Lee requesting from applicants in addition to the online submission of the application and fees? Following is a list of non-standard items, excluding the allowable items:
- Proof of residency in Fort Lee in the form of a valid NJ driver’s license
- FID Card issued by Fort Lee Police Department
- US Citizens to provide birth certificate or U.S. Passport
- Naturalized Citizens to provide U.S. Naturalization Certificate
- Non-citizens to provide alien registration ID and social security card
Fort Lee apparently has additional steps that it does not disclose immediately. On its instructional PDF, step number nine says to contact Officer Fong at [email protected] to receive further instructions via e-mail.
Even though we asked a few times what the “further instructions” would be, Officer Fong withheld that information.
It is our assertion that her responses were purposely evasive. To get even a little bit of information about the additional instructions, we had to push a little in one of our e-mails:
Can you please let me know what those instructions are so that I know what I will be in for before I start the process? As a government official communicating about the application process for a government-issued permit, I would expect full transparency and no surprises. I really just want to know everything the application process entails so I can decide if the process and the money to be spent are worth it. Thanks again.
In her response, aside from the valid fees she mentioned, she did admit to part of the prohibited “further instructions,” but not all of it:
You will be instructed to submit proof of identity / residence / Firearm’s Purchaser Identification Card
This request is prohibited, and falls outside the scope of the state’s formal Directive. But it was only a small portion of extra items Fort Lee was requesting.
In the e-mails that were forwarded to us by our readers, the municipality was ALSO requesting the following documents:
- Social Security Card (even though the PDF stated this was only required of non-citizens)
- Employment verification
- SP066 Mental Health Form (even though this was not applicable in this case)
- Authorization for Disclosure of Protected Health Information Psychotherapy Notes Only (Click here to see the form)
In our e-mail exchanges, Officer Fong’s instructions were to:
Submit photocopies of original documents – one photocopy document per sheet. Please place all documents in sealed manila envelope [DO NOT FOLD]. Submission must be completed within 90 days of application.
You may utilize the DROP BOX in the vestibule of the Fort Lee Police Department to submit your package [24/7].
On a side note, we’ve seen Fort Lee’s “further instructions” for other types of permits, such as FID cards and pistol purchase permits. Such instructions call for the submission of a document called “Authority to Carry a Handgun Disclaimer.” In the OPRA request we filed pertaining to carry permits, they refused to include a copy of this form because it is not requested of the applicant when applying for a carry permit. We will be doing a follow-up investigation on their process for FID cards and pistol purchase permits.
Whether the requests for these extra documents were actually required by the police department or merely requested does not matter. They appear to be mandatory to an applicant who is unfamiliar with the process and trusts their municipality to be impartially applying the law. This is clearly a Constitutional issue in that these additional, burdensome requests that go against the attorney general’s directive act as a deterrent to applicants resulting in a “chilling effect” of exercising their Second Amendment rights.
The carry permit application experience is already prohibitively expensive and cumbersome, with many steps. Ironically, the attorney general of a state that has extreme gun control measures already, issued directive 2016-4 prohibiting this behavior.
After conducting our investigation on the application process in Fort Lee, we shared our findings in an email to Police Officer Sally Fong ([email protected]), Police Chief Matthew Hintze ([email protected]), and Mayor Mark Sokolich ([email protected]), TWICE each, asking for comment. They did not respond.
In addition to alerting these public servants that we would be publishing an article disclosing our findings, we also asked some additional questions (all of which went unanswered).
It remains unclear whether they are aware of the New Jersey Attorney General directive 2016-4 and we welcome them to reach out to inform us if they have since revised their practices in accordance with that directive. We will update our article accordingly, if they do.
Until that time, residents of Fort Lee should understand that these additional requirements for documents not requested for upload by the FARS system are simply not permitted. With the exception of the CCare qualification and fingerprints (if you have not previously done them), the entire process can be done from your home computer. If you have questions about your particular situation, we encourage you to sign up for US LawShield as your membership includes free consultation with firearms attorneys.
At The Infringement Report, we take accuracy and fairness seriously. We do not publish any articles until we have received detailed information and proof from the individual(s) filing the report with us. This includes emails, screenshots, recordings, or other forms of documentation that clearly support the claim. Additionally, before any story is published, we reach out to the agency or police department in question, giving them an opportunity to comment on the complaint or provide their side of the story. Only after these steps are taken do we move forward with publishing.
