The Appellate Division today rejected the effort of a requestor to obtain disclosure of the investigatory procedures used by the police in evaluating applicants for firearms permits. NJ 2d Amendment Soc. v. State Police. The court held that portions of the State Police’s Firearms Applicant Investigation Guide are not accessible, based on a Department of Law and Public Safety regulation that provides an OPRA exemption for investigative techniques where their disclosure would compromise the ability to effectively conduct investigations.
This unpublished opinion doesn’t have precedential force, but it does provide a useful example of the proper way to handle OPRA litigation where the defense is that release of a particular record would harm law enforcement interests. The State Police submitted certifications from lieutenants which explained why the material in the Guide needed to be confidential. The trial and appellate courts relied on these “detailed and credible” certifications in upholding the agency’s redactions.