Soldier Threatened by Terrorism Was Denied a Concealed-Carry Permit

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Terry Russell

States like New Jersey are gradually tearing away at the Second Amendment. If Lt. Col. Terry Russell, living under threats of terrorism, can’t get a concealed-carry permit in the state, almost no one can.

Lt. Col. Terry S. Russell has extensive knowledge and truing as a 27-year US Army soldier in a senior position at the Picatinny Arsenal in Wharton. The military site where he works is under threat of terrorist attacks but NJ didn’t find that cause for him to have a concealed gun.

Oceanport Police Chief Daniel W. Barcus said Russell was unable to demonstrate “justifiable need” because there had been no specific attacks or threats made directly on him.

Last month, state acting Attorney General Robert Lougy – allegedly – loosened the restrictions in order to allow permits for residents who can prove “serious threats” against them. This and other changes came after a 39-year-old Camden County woman was stabbed to death in her driveway by her ex-boyfriend. Carol Bowne had been awaiting on approval for a gun permit.

After police Russell’s application, he appealed to Superior Court. Monmouth County Prosecutor Christopher J. Gramiccioni stood by the denial, saying in a Jan. 29, 2015, letter to Judge Joseph Oxley that the soldier had failed to demonstrate “justifiable need” to have a carry permit.

Gramiccioni expressed his concern that other employees of Picatinny would have to be issued permits if he has one.

On April 5, the judge in the case agreed with the prosecutor, issuing an order that “thanks” Russell “for his service” but denies Russell’s appeal.

Russell included his his stellar qualifications and could easily have qualified if we had a real Second Amendment.

“I have been fully trained and qualified, at a minimum annually, to skillfully employ handguns and rifles,” Russell explains.

He’s also been “vetted through the Department of Defense security office every five years for the past 25 years” to have Top Secret Sensitive Compartmented Information clearance.” An attachment to his application shows that he already holds a concealed carry permit in Texas.

His application salsa tates that “service members, including family members, have been specifically targeted by radical extremists.”

Russell specifically mentions a threat that was verified by the U.S. military against members of the military and their families. He also says the Picatinny Arsenal’s web page had been hacked in an attempt to “obtain personal military member and family information” and refers to a “full evacuation of the arsenal due to “the discovery of a dry run attempt to drive a Vehicle Borne Improved Explosive Device onto Post.”

In a letter of appeal, Russell’s attorney, Evan F. Nappen, argues not only that denial of a concealed-carry permit is a violation of his Second Amendment rights, but that he requires the permit to protect himself physically as well as “the military intelligence he possesses.”

“Failure to issue Lt. Col. Russell a carry permit puts national security at risk,” the attorney stated.
Under state law, members of the military are exempt regarding the possession of handguns, “but not at all times.”

The attorney states that if Russell is caught carrying a gun while not actually on duty, he is not protected against unlawful possession.

Russell’s attorney argues, however, that because the soldier is in charge of everything from research and development of weapons as well as procurement of firearms for the military, his case is “specially situated.”
Russell and his attorney could not be reached for comment.

“Putting New Jersey’s precious gun laws over national security is both absurd and dangerous,” he said.

NJ has some of the most crime-ridden cities in the nation and all the criminals carry concealed weapons.

 

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2 COMMENTS

  1. States MUST issue marriage licenses to homosexuals because the Constitution says so. Well, no it doesn’t, but it’s the law. Well, no, there actually is no such law, but they have to do it anyway.
    Amend ment Number Two, the right to defend yourself, and second only to the right to speak your mind (and it really should come first ’cause you can’t speak if you’re dead), well, we can’t defend that right too strongly because, even though it says “shall not be infringed”, we have to let the states decide on that one because….well…because ….um ….

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