PLEASE TELL LAWMAKERS TO FIX OR OPPOSE S 568 |
Simple Fixes Could Resolve Issues for Gun Owners and Help NJ Avoid Returning Millions in Federal Grant Monies |
On Thursday, March 11, 2021 at 1:15 p.m., the NJ Senate Law and Public Safety Committee is scheduled to consider S 568 --legislation that would inject law enforcement into the process of evaluating whether someone has recovered from mental health issues and should be given an expungement so they can receive NJ firearms credentials. The bill would violate medical privacy laws by disclosing protected information to law enforcement, and jeopardizes millions of dollars in federal grant monies that NJ might be forced to return for blatantly violating such laws. Medical privacy laws of gun owners must be respected, and personal opinions of non-medical personnel about someone's fitness to own firearms are irrelevant and should not be considered. Records should be expunged based on the opinions of medical professionals only, and the fact that an expungement has been given may not be used as a basis to deny a subsequent application for firearms credential (a longstanding issue that defeats the very purpose of expungements -- to clear someone's record after they have recovered and remove any lingering stigma). Please tell members of the Senate Law and Public Committee and the bill sponsor to either fix or oppose S568. Potential amendments could include (1) excluding law enforcement opinion and speculation from the process, solely limiting law enforcement input to records of pre-existing written incident reports; (2) limiting requests issued to law enforcement so they do not expose that the purpose of the request is connected to medical issues or an expungement related to potential firearms ownership; and (3) clarifying that expungements and expunged records cannot be used as a basis for denial of any firearms permit or license. |
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