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Charles Douglas Mcdowell V Grewal
Charles Douglas Mcdowell V Grewal
CONTINUED
)
CHARLES FIORE, in his official capacity as
Gloucester County Prosecutor; )
)
ESTHER SUAREZ, in her official capacity as
Hudson County Prosecutor; )
)
MICHAEL J. WILLIAMS, in his official
capacity as Acting Hunterdon County Prosecutor; )
)
ANGELO J. ONOFRI, in his official capacity
as Mercer County Prosecutor; )
)
ANDREW C. CAREY, in his official capacity
as Middlesex County Prosecutor; )
)
CHRISTOPHER J. GRAMICCIONI, in his official
capacity as Monmouth County Prosecutor; )
)
FREDRIC M. KNAPP, in his official capacity as
Morris County Prosecutor; )
)
BRADLEY D. BILLHIMER, in his official
capacity as Ocean County Prosecutor; )
)
CAMELIA M. VALDES, in her official
capacity as Passaic County Prosecutor; )
)
JOHN T. LENAHAN, in his official capacity
as Salem County Prosecutor; )
)
MICHAEL H. ROBERTSON, in his official
capacity as Somerset County Prosecutor; )
2
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CONTINUED
)
JENNIFER DAVENPORT, in her official
capacity as Acting Union County Prosecutor; )
)
RICHARD T. BURKE, in his official capacity as
Warren County Prosecutor. )
)
Defendants
)
)
COMPLAINT FOR DECLARATORY AND INJUNCTIVE
) RELIEF
)
Evan F. Nappen Michael
) Antonio Giaramita Jr.
Bar No. NJ 044481988 Bar Nos. PA 319299
Louis P. Nappen ) NJ 135252014
Bar No. NJ 03322006 GIARAMITA LAW OFFICES, P.C.
David W. Huang 101)West Chester Pike, Suite 1A
Bar No. NJ 016732010 Havertown,
) PA 19083
PA 309737 T: (484) 558-0076
NY 5005798 F: (484)
) 202-6332
Ali Homayouni E: MIKE @GLAWPA.COM
Bar No. NJ 046452011 )
NY 5582275
EVAN F. NAPPEN ATTORNEY AT LAW, P.C. )
21 Throckmorton Ave )
Eatontown, NJ 07724
T: (732) 389-8888 )
F: (732) 389-8744
E: [email protected] )
)
)
Attorneys for Plaintiff
)
3
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Gurbir Grewal
Office of The Attorney General
Richard J. Hughes Justice Complex (HJC)
8th Floor, West Wing
25 Market Street
Trenton, NJ 08625
Patrick J. Callahan
Office of the Superintendent
New Jersey State Police
P.O. Box 7068
West Trenton, NJ 08628
Damon G. Tyner
Office of the Atlantic County Prosecutor
4997 Unami Blvd., Suite 2
P.O. Box 2002
Mays Landing, NJ 08330
Mark Musella
Bergen County Prosecutor’s Office
Two Bergen County Plaza
Hackensack, NJ 07601
4
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Scott A. Coffina
Burlington County Office of the Prosecutor
Courts Facility - 2nd Floor
49 Rancocas Road
P.O. Box 6000
Mt. Holly, NJ 08060
Jeffrey H. Sutherland
Cape May County Office of the Prosecutor
Cape May Court House
4 Moore Road DN-110,
Cape May, NJ 08210
Jennifer Webb-McRae
Cumberland County Prosecutor's Office
115 Vine Street
Bridgeton, NJ 08302
Theodore N. Stephens II
Acting Essex County Prosecutor
Veterans Courthouse
50 West Market Street
Newark, NJ 07102
Charles Fiore
Gloucester County Prosecutor’s Office
70 Hunter Street
P.O. Box 623
Woodbury, NJ 08096
Esther Suarez
Hudson County Prosecutor's Office
595 Newark Avenue
Jersey City, NJ 07306
5
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Michael J. Williams
Acting Hunterdon County Prosecutor’s Office
65 Park Avenue
Flemington, NJ 08822
Angelo J. Onofri
Mercer County Prosecutor’s Office
209 South Broad Street, 3rd Floor
Trenton, NJ 08650
Andrew C. Carey
Middlesex County Prosecutor’s Office
25 Kirkpatrick Street
New Brunswick, NJ 08901
Christopher J. Gramiccioni
Office of the Monmouth County Prosecutor
132 Jerseyville Avenue
Freehold, New Jersey 07728
Fredric M. Knapp
Morris County Prosecutor’s Office
P.O. Box 900 – Court Street
Morristown, NJ 07963-0900
Bradley D. Billhimer
Ocean County Prosecutor’s Office
119 Hooper Avenue
P.O. Box 2191
Toms River, N.J. 08754
Camelia M. Valdes
Passaic County Prosecutor’s Office
401 Grand Street
Paterson, NJ 07505
6
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John T. Lenahan
Salem County Prosecutor's Office
Fenwick Building, 2nd Floor
87 Market Street
P.O. Box 462
Salem, NJ 08079
Michael H. Robertson
Somerset County Prosecutor’s Office
40 North Bridge Street
P.O. Box 3000
Somerville, NJ 08876
Francis A. Koch
Sussex County Prosecutor's Office
19-21 High Street
Newton, NJ 07860
Jennifer Davenport
Office of the Union County Prosecutor
Andrew K. Ruotolo, Jr. Justice Center
32 Rahway Avenue
Elizabeth, NJ 07202
Richard T. Burke
Warren County Prosecutor’s Office
413 Second Street
Belvidere, New Jersey 07823
7
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COMPLAINT
COMES NOW Plaintiffs, Charles Douglas McDowell and Thomas Leo Muller, by and
through their undersigned attorneys of record and bring this action against the above-named
Defendants. Plaintiffs seek relief in the form of declaratory judgment holding that Defendants
must honor the court order in the Probate Court of Houston County, State of Georgia granting
McDowell a Weapons Carry License (hereinafter referred to as, the “Georgia Court Order”) and
the court order in the Superior Court of Delaware, New Castle County granting Muller a License
to Carry a Concealed Deadly Weapon (hereinafter referred to as, the “Delaware Court Order)
(collectively referred to herein as, the “Court Orders”). Plaintiffs further seek an injunction
preventing Defendants from prosecuting Plaintiffs for carrying a handgun in New Jersey because
the Court Orders must be honored in New Jersey. In support of their claim, Plaintiffs state as
follows:
or personally exercising and enforcing the powers and duties of the New Jersey
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Department of Law and Public Safety. This includes the Division of State Police within
that Department, which is responsible for upholding and enforcing New Jersey’s laws
and regulations governing the possession and carrying of handguns. His official address
is Richard J. Hughes Justice Complex (HJC), 8th Floor, West Wing, 25 Market Street,
4. Defendant Patrick J. Callahan is presently the Superintendent of the New Jersey Division
supervising, delegating, exercising and enforcing the powers and duties of the New
Jersey Department of Law and Public Safety under the guidance of the Attorney General.
This specifically includes, but is not limited to, New Jersey’s laws and regulations
governing the possession and carry of handguns. His official address is Office of the
Superintendent, New Jersey State Police, P.O. Box 7068, West Trenton, NJ 08628. He is
Prosecutor, he is the chief law enforcement officer in Atlantic County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Office of the Atlantic County Prosecutor, 4997 Unami Blvd., Suite 2,
P.O. Box 2002, Mays Landing, NJ 08330. He is being sued in his official capacity.
Prosecutor, he is the chief law enforcement officer in Bergen County, responsible for
9
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prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Bergen County Prosecutor’s Office, Two Bergen County Plaza,
responsible for prosecuting alleged violations of New Jersey law taking place within the
County. His official address is Burlington County Office of the Prosecutor, Courts
Facility - 2nd Floor, 49 Rancocas Road, P.O. Box 6000, Mt. Holly, NJ 08060. He is
8. Defendant Mary Eva Colalillo is the Camden County Prosecutor (hereinafter referred to
Prosecutor, she is the chief law enforcement officer in Camden County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. Her
official address is Camden County Prosecutor’s Office, 200 Federal Street, Camden, NJ
9. Defendant Jeffrey H. Sutherland is the Cape May County Prosecutor (hereinafter referred
to as “Defendant Sutherland” or the “Cape May County Prosecutor”). As the Cape May
County Prosecutor, he is the chief law enforcement officer in Cape May County,
responsible for prosecuting alleged violations of New Jersey law taking place within the
County. His official address is Cape May County Office of the Prosecutor, Cape May
Court House, 4 Moore Road DN-110,Cape May, NJ 08210. He is being sued in his
official capacity.
10
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the Cumberland County Prosecutor, she is the chief law enforcement officer in
Cumberland County, responsible for prosecuting alleged violations of New Jersey law
taking place within the County. Her official address is Cumberland County Prosecutor's
Office, 115 Vine Street, Bridgeton, NJ 08302. She is being sued in her official capacity.
11. Defendant Theodore N. Stephens, II is the Acting Essex County Prosecutor (hereinafter
Essex County Prosecutor, he is the chief law enforcement officer in Essex County,
responsible for prosecuting alleged violations of New Jersey law taking place within the
County. His official address is Veterans Courthouse, 50 West Market Street, Newark, NJ
12. Defendant Charles Fiore is the Gloucester County Prosecutor (hereinafter referred to as
Prosecutor, he is the chief law enforcement officer in Gloucester County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Gloucester County Prosecutor’s Office, 70 Hunter Street, P.O. Box 623,
13. Defendant Esther Suarez is the Hudson County Prosecutor (hereinafter referred to as
Prosecutor, she is the chief law enforcement officer in Gloucester County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. Her
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official address is Hudson County Prosecutor's Office, 595 Newark Avenue, Jersey City,
14. Defendant Michael J. Williams is the Acting Hunterdon County Prosecutor (hereinafter
County, responsible for prosecuting alleged violations of New Jersey law taking place
within the County. His official address is Hunterdon County Prosecutor’s Office, 65 Park
15. Defendant Angelo J. Onofri is the Mercer County Prosecutor (hereinafter referred to as
Prosecutor, he is the chief law enforcement officer in Mercer County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Mercer County Prosecutor’s Office, 209 South Broad Street, 3rd Floor,
16. Defendant Andrew C. Carey is the Middlesex County Prosecutor (hereinafter referred to
Prosecutor, he is the chief law enforcement officer in Middlesex County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
12
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County, responsible for prosecuting alleged violations of New Jersey law taking place
within the County. His official address is Office of the Monmouth County Prosecutor,
132 Jerseyville Avenue, Freehold, NJ 07728. He is being sued in his official capacity.
18. Defendant Fredric M. Knapp is the Morris County Prosecutor (hereinafter referred to as
Prosecutor, he is the chief law enforcement officer in Morris County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Morris County Prosecutor’s Office, P.O. Box 900 – Court Street,
19. Defendant Bradley D. Billhimer is the Ocean County Prosecutor (hereinafter referred to
Prosecutor, he is the chief law enforcement officer in Ocean County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Ocean County Prosecutor’s Office, 119 Hooper Avenue, P.O. Box
20. Defendant Camelia M. Valdes is the Passaic County Prosecutor (hereinafter referred to as
Prosecutor, she is the chief law enforcement officer in Passaic County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. Her
official address is Passaic County Prosecutor’s Office, 401 Grand Street, Paterson, NJ
21. Defendant John T. Lenahan is the Salem County Prosecutor (hereinafter referred to as
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Prosecutor, he is the chief law enforcement officer in Salem County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Salem County Prosecutor's Office, Fenwick Building, 2nd Floor, 87
Market Street, P.O. Box 462, Salem, NJ 08079. He is being sued in his official capacity.
22. Defendant Michael H. Robertson is the Somerset County Prosecutor (hereinafter referred
responsible for prosecuting alleged violations of New Jersey law taking place within the
County. His official address is Somerset County Prosecutor’s Office, 40 North Bridge
Street, P.O. Box 3000, Somerville, NJ 08876. He is being sued in his official capacity.
23. Defendant Francis A. Koch is the Sussex County Prosecutor (hereinafter referred to as
“Defendant Koch” or the “Sussex County Prosecutor”). As the Sussex County Prosecutor,
he is the chief law enforcement officer in Sussex County, responsible for prosecuting
alleged violations of New Jersey law taking place within the County. His official address
is Sussex County Prosecutor's Office, 19-21 High Street, Newton, NJ 07860. He is being
24. Defendant Jennifer Davenport is the Acting Union County Prosecutor (hereinafter
Acting Union County Prosecutor, she is the chief law enforcement officer in Union
County, responsible for prosecuting alleged violations of New Jersey law taking place
within the County. Her official address is Office of the Union County Prosecutor,
Andrew K. Ruotolo, Jr. Justice Center, 32 Rahway Avenue, Elizabeth, NJ 07202. She is
14
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25. Defendant Richard T. Burke is the Warren County Prosecutor (hereinafter referred to as
Prosecutor, he is the chief law enforcement officer in Warren County, responsible for
prosecuting alleged violations of New Jersey law taking place within the County. His
official address is Warrant County Prosecutor’s Office, 413 Second Street, Belvidere, NJ
07823.
27. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1343 as this is an
action for declaratory judgment and injunctive relief seeking to enforce the provisions of
28 U.S.C. § 1738 and the protections provided in Article IV, Section 1 of the United
States Constitution.
29. The wrongful acts, policies and procedures sought to be corrected through declaratory
and injunctive relief are presently enforced and upheld in this District, and therefore,
venue is proper.
STATEMENT OF FACTS
30. The preceding paragraphs are incorporated herein by reference as if re-alleged in full.
31. Plaintiff, Mr. McDowell, is a law-abiding gun owner who regularly participates in
32. As a law-abiding gun owner, Mr. McDowell further participates in training related to
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33. On December 28, 2017, the Probate Court of Houston County, State of Georgia entered a
court Order that Mr. McDowell be issued a weapons carry license (the “Georgia Court
Order”). An exemplified copy of the Georgia Court Order is attached hereto as Exhibit
“A.”
34. In accordance with his training, as permitted by law, Mr. McDowell regularly carries a
35. On several occasions, Mr. McDowell has been invited to participate in firearms training
36. Due to the harsh nature of New Jersey gun laws —which include felony convictions for
the slightest deviations and mandatory minimums in state prison— Mr. McDowell has
refrained from entering New Jersey for said training despite his desire to do so. A sworn
37. The preceding paragraphs are incorporated herein by reference as if re-alleged in full.
38. Plaintiff, Mr. Muller, is a law-abiding gun owner who regularly participates in activities
39. As a law-abiding gun owner, Mr. Muller further participates in training related to self-
40. On August 4, 2016, the Superior Court of Delaware, New Castle County entered a court
Order signed by the Honorable Richard R. Cooch approved for Mr. Muller a license to
carry a concealed deadly weapon (the “Delaware Court Order”). An exemplified copy of
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41. In accordance with his training, as permitted by law, Mr. Muller regularly carries a pistol
42. For multiple reasons, Mr. Muller desires to travel to New Jersey, part of which includes
43. Due to the harsh nature of New Jersey gun laws —which include felony convictions for
the slightest deviations and mandatory minimums in state prison— Mr. Muller has
refrained from entering New Jersey on numerous occasions. A sworn affidavit executed
44. The preceding paragraphs are incorporated herein by reference as if re-alleged in full.
45. Under New Jersey law, a person cannot lawfully possess a handgun, including an antique
handgun, without first having obtained a permit to carry the same or falling under
46. Persons who possess a handgun in New Jersey without a valid New Jersey Permit to
Carry a Handgun (hereinafter referred to as a “New Jersey Permit to Carry”) are guilty of
a crime of the second degree unless they fall under the aforementioned narrow, limited
47. A crime of the second degree is punishable by up to ten (10) years in state prison. N.J.S.
2C:43-1.
48. Furthermore, a conviction for unlawful handgun possession under N.J.S. 2C:39-5b carries
a mandatory minimum sentence of three and a half years (42 months) in state prison with
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49. Because a crime of the second degree is a felony level offense and punishable by
imprisonment for a term exceeding one year (maximum possible sentence, not the
sentence served), any conviction will render a person prohibited from possessing firearms
50. New Jersey law provides no mechanism to carry a firearm for personal protection or
51. Without a New Jersey Permit to Carry, New Jersey law does not even afford a
52. The Firearms Owner Protection Act (hereinafter referred to as, “FOPA”), as interpreted
by the Third Circuit, does not protect one possessing a handgun in a hotel or other
temporary overnight accommodation. See, Revell v. Port Auth. of New York, New Jersey,
53. As prescribed by 2C:58-4, a New Jersey Permit to Carry is issued by way of court order
54. In the event that the New Jersey Superior Court enters an order denying the applicant a
New Jersey Permit to Carry, the applicant may file an appeal in the same manner as one
would appeal any final appealable court order (“in accordance with law and the rules
55. In contravention of the United States Constitution and the United States Code,
Defendants have refused to honor out-of-state court orders issuing permits and/or licenses
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56. Because of Defendants’ refusal to comply, Plaintiffs are precluded from exercising the
rights and protections afforded under their respective Court Orders despite their desire to
do so.
57. The preceding paragraphs are incorporated herein by reference as if re-alleged in full.
58. As codified in 28 U.S.C. § 1738, federal law demands full faith and credit for records and
judicial proceeding of any court in any state. Section 1738 reads, in pertinent part:
The records and judicial proceedings of any court of any such State, Territory or
Possession, or copies thereof, shall be proved or admitted in other courts within
the United States and its Territories and Possessions by the attestation of the clerk
and seal of the court annexed, if a seal exists, together with a certificate of a judge
of the court that the said attestation is in proper form.
59. The Georgia Court Order attached to this Complaint as Exhibit “A” includes an
60. Furthermore, the Georgia Court Order contains a certificate of Judge Kim Willson stating
61. Finally, the Georgia Court Order bears the seal of the Probate Court of Houston County,
Georgia.
62. Accordingly, the Georgia Court Order is compliant with 28 U.S. Code § 1738.
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63. Similarly, the Delaware Court Order attached to this Complaint as Exhibit “C” includes
an attestation of the Prothonotary (clerk) of the Superior Court of the State of Delaware
64. Additionally, the Delaware Court Order contains a certificate of Resident Judge Richard
65. Lastly, the Delaware Court Order bears the seal of the Superior Court, State of Delaware.
66. Consequently, the Delaware Court Order is also compliant with 28 U.S. Code § 1738.
67. Compliant court records and judicial proceedings of any court of any state must be
granted full faith and credit in every court within the United States.
68. Therefore, if Plaintiffs were prosecuted under N.J.S. 2C:39-5b, every New Jersey court
69. Defendants are responsible for enforcing and upholding criminal laws in New Jersey,
including, but not limited to N.J.S. 2C:39-5b, and the prosecution of violations thereof.
70. Under N.J.S. 2C:39-5b, possession of a handgun is not prohibited by those who have a
71. Based on the above, if Plaintiffs were prosecuted under N.J.S. 2C:39-5b, every New
Jersey court would be bound to honor the Court Orders and grant it the same full faith
72. Defendants presently —albeit erroneously— take the position that a person who has
obtained an out-of-state court order issuing a license or permit to carry a handgun can
still be guilty of violating N.J.S. 2C:39-5b. See FOX NEWS NETWORK article “Honest
Mistake” leads to Philly mother facing three years on gun charge by Joshua Rhett Miller
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https://www.foxnews.com/us/honest-mistake-leads-to-philly-mother-facing-three-years-
on-gun-charge.
73. Plaintiffs wish to lawfully possess, transport and carry a handgun in New Jersey, but
74. Unless this Court enjoins Defendants from doing so, Defendants will arrest and prosecute
Plaintiffs for possessing, transporting or carrying a handgun in New Jersey and will
75. Defendants’ violation of a clear statutory mandate harms the public in and of itself.
permanent loss of their Second Amendment firearms rights and rights granted to them by
WHEREFORE, Plaintiffs pray this Honorable Court grant judgment in their favor, and
a) Declaring that exemplified acts, records, and judicial proceedings from Georgia
issuing a weapons carry license, including Mr. McDowell’s Georgia Court Order,
shall be granted full faith and credit in every court in New Jersey;
b) Declaring that exemplified acts, records, and judicial proceedings from Delaware
Delaware Court Order, shall be granted full faith and credit in every court in New
Jersey;
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c) Declaring that exemplified acts, records, and judicial proceedings from Georgia
issuing a weapons carry license, including Plaintiff’s Georgia Court Order, shall
d) Declaring that exemplified acts, records, and judicial proceedings from Delaware
Delaware Court Order, shall have the same effect as a “permit to carry” as
individuals who have been issued a weapons carry license by way of court order,
public acts, records, and judicial proceedings from any state in the United States.
77. The preceding paragraphs are incorporated herein by reference as if re-alleged in full.
Full Faith and Credit shall be given in each State to the public Acts, Records, and
judicial Proceedings of every other State. And the Congress may by general Laws
prescribe the Manner in which such Acts, Records and Proceedings shall be
proved, and the Effect thereof.
79. Congress, by way of 28 U.S. Code § 1738, has prescribed the manner in which judicial
80. The Court Orders are compliant with 28 U.S. Code § 1738, and as such, is sufficiently
proved.
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81. Accordingly, the Court Orders must be given full faith in credit in every other state,
82. Therefore, if Plaintiffs were prosecuted under N.J.S. 2C:39-5b, every New Jersey court
83. Defendants are responsible for enforcing and upholding criminal laws in New Jersey,
including, but not limited to N.J.S. 2C:39-5b, and the prosecution of violations thereof.
84. Under N.J.S. 2C:39-5b, possession of a handgun is not prohibited by those who have a
85. Under Article IV, Section 1 of the United States Constitution, if Plaintiffs were
prosecuted under N.J.S. 2C:39-5b, New Jersey courts would be bound to honor the Court
Orders and grant them the same full faith and credit as it has in Georgia and Delaware,
86. Defendants presently take a position that is in stark contravention with the United States
Constitution.
87. Defendants refuse to grant full faith and credit to the Court Orders.
88. Full faith and credit would require New Jersey honor the Court Orders to the fullest
extent and give them the same effect as a New Jersey court order.
89. Defendants erroneously maintain that a person who has obtained an out-of-state court
order issuing a license or permit to carry a handgun can still be guilty of violating N.J.S.
2C:39-5b.
90. Plaintiffs wish to lawfully possess, transport and carry a handgun in New Jersey, but
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91. Unless this Court enjoins Defendants from doing so, Defendants will arrest and prosecute
Plaintiffs for possessing, transporting or carrying a handgun in New Jersey and will
92. Defendants’ violation of a clear mandate under the United States Constitution harms the
93. There is no adequate remedy at law as Plaintiffs face prosecution, incarceration and
WHEREFORE, Plaintiff prays this Honorable Court grant judgement in his favor, and
a) Declaring that exemplified acts, records, and judicial proceedings from Georgia
issuing a weapons carry license, including Mr. McDowell’s Georgia Court Order,
shall be granted full faith and credit in every court in New Jersey;
b) Declaring that exemplified acts, records, and judicial proceedings from Delaware
Delaware Court Order, shall be granted full faith and credit in every court in New
Jersey;
c) Declaring that exemplified acts, records, and judicial proceedings from Georgia
issuing a weapons carry license, including Plaintiff’s Georgia Court Order, shall
d) Declaring that exemplified acts, records, and judicial proceedings from Delaware
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Delaware Court Order, shall have the same effect as a “permit to carry” as
individuals who have been issued a weapons carry license by way of court order,
public acts, records, and judicial proceedings from any state in the United States.
Respectfully Submitted,
25