NJ:Bounty hunter appeals gun ruling

Josey1

Bounty hunter appeals gun rulingHearing raises issue of whether bondsmen need to carry weaponBy Peggy Wright, Daily RecordA Chester Township man's request to carry a handgun in his job as a bounty hunter has raised a legal debate on the powers of bail enforcement agents and what rights they have to carry weapons on the job.Charles P. Borinsky, a former Essex County sheriff's officer and firearms instructor for the U.S. Marine Corps, was denied a carry permit in August by township police Chief Adam J. Schuler. The chief had been unable to verify Borinsky's new employment with the Newark-based S&S Fugitive Recovery Co., and denied his permit application on his failure to demonstrate, as required by law, a "justifiable need" to carry a weapon.Borinsky, through attorney Evan P. Nappen, a state gun law expert, appealed the denial to Superior Court Assignment Judge Reginald Stanton in Morristown. Although bounty hunters have existed since the 1800s, Stanton in November questioned the desirability of allowing them to be armed and capturing fugitives and has invited the state Attorney General's Office to participate in a hearing on Borinsky's appeal, set for Jan. 30.State law defines which individuals may carry a handgun, and bondsmen are not on the list. Exceptions have been made for some who have proven a "justifiable need" because of a threat of * injury.In a Jan. 2 letter to the judge, Deputy Attorney General Lori Linskey echoed Stanton's concern about bail agents assuming roles that should be reserved for trained police officers who are accountable to the public should anyone be hurt when a fugitive is captured. She said that if Borinsky locates fugitives in his job, he should immediately contact local law enforcement officers to make the arrest.Linskey went further in interpreting the role of bounty hunters by suggesting that even if Borinsky were allowed to carry a weapon, he would lack the statutory authority to make an arrest."Only peace officers . or those who have been asked to assist an authorized peace officer may make arrests," Linskey wrote.Nappen said that the opinions of the judge and the deputy attorney general could have enormous ramifications for the bail bond industry. While police also track fugitives, they don't necessarily have the incentive and time that bounty hunters have to tail a specific target, Nappen said. The agents also don't always have the time to alert local police when they have found a fugitive who wants to keep running, he said."We may as well put up a welcome mat to the fugitives in the country if we change the way bounty hunters do their jobs," Nappen said.Morristown bail bondsman Sheldon Kamm, a 30-year veteran of the industry, said he seldom has to use a bounty hunter because he is cautious about the defendants for whom he issues bonds. However, he said it would be ridiculous to limit the roles of bounty hunters. If there are concerns, Kamm said, laws could be enacted calling for increased safety and psychological training for bail enforcement officers."The best bargain the state has is a bounty hunter. This is a free service to the public because the bond agency pays him to find the fugitive," Kamm said.Peggy Wright can be reached at pwright@morristo.gannett.com or (973) 267-1142. http://www.dailyrecord.com/news/02/01/11/news2-bond.htm

jo-dan

Now that's the NJ that I'm used to.As former Gov Kean used to say"NJ and you, perfect together".As long as you don't ask for a CC permit.jo-dan

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