Dear Berkeley Township,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Firearms application, Firearms ID or denial for
Cailyn A. Capizzi
Your request regarding Firearms application, Firearms ID or denial for Cailyn A. Capizzi DOB 4/10/1997 is denied and not available for public inspection based on the below exemptions.
N.J.S.A. 47:1A-1.1 exempts:
–personal firearms records, except for use by any person authorized by law to have access to these records or for use by any government agency, including any court or law enforcement agency, for purposes of the administration of justice.
– personal identifying information received by the Division of Fish and Wildlife in the Department of Environmental Protection in connection with the issuance of any license authorizing hunting with a firearm. For the purposes of this paragraph, personal identifying information shall include, but not be limited to, identity, name, address, social security number, telephone number, fax number, driver's license number, email address, or social media address of any applicant or licensee.
•In Galligan v. Twp. of West Deptford (Gloucester), GRC Complaint No. 2013-163 (March 2014), the Council noted that although the complainant’s request preceded the amendment to OPRA for personal firearms records, it was important to acknowledge that this exemption now exists within OPRA.
N.J.A.C. 13:54-1.15 exempts:
–Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter…and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant.
–Any application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency … and shall not be disclosed to any person not authorized by law or this chapter to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.
Any person who has been denied access to a government record by a records custodian of a public agency can file a complaint with the Government Records Council (GRC). N.J.S.A. 47:1A-6. To understand how to file a complaint and the legal rights of a requester of government records please refer to the information in this section.
The Denial of Access Complaint Form must be downloaded as a .PDF file.
Please contact GRC staff at [email address] if you have any questions about filing a complaint.
Attached are pages 56 and 57 from the Open Public Records Act from the New Jersey Government Records Council handbook.
Supervisor of Crim Info Records
Berkeley Township Police Dept
631 Pinewald-Keswick Rd
Bayville, NJ 08721
732-341-1132 ext. 2115