Charles Douglas Mcdowell V Grewal

Case 3:20-cv-00433-FLW-DEA Document 1 Filed 01/14/20 Page 1 of 25 PageID: 1
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
CHARLES DOUGLAS MCDOWELL,

)
an Adult Individual; and
)
THOMAS LEO MULLER Civil Action No.:
)
an Adult Individual;
)
Plaintiffs,
)
vs. )
)
GURBIR GREWAL, in his official capacity
as Attorney General of New Jersey; )
)
PATRICK J. CALLAHAN, in his official
capacity as Superintendent of the )
New Jersey Division of State Police;
)
DAMON G. TYNER, in his official )
capacity as Atlantic County Prosecutor;
)
MARK MUSELLA, in his official capacity as )
Bergen County Prosecutor;
)
SCOTT A. COFFINA, in his official capacity as )
Burlington County Prosecutor;
)
MARY EVA COLALILLO, in her official capacity )
as Camden County Prosecutor;
)
JEFFREY H. SUTHERLAND, in his official )
capacity as Cape May County Prosecutor;
)
JENNIFER WEBB-MCRAE, in her official )
capacity as Cumberland County Prosecutor;
THEODORE N. STEPHENS II, in his official

capacity as Acting Essex County Prosecutor;
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; )
FRANCIS A. KOCH, in his official capacity

as Sussex County Prosecutor;
2
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
LOCAL CIVIL RULE 10.1 STATEMENT
The mailing addresses of the parties to this action are:
Charles Douglas McDowell

c/o EVAN F. NAPPEN ATTORNEY AT LAW, P.C.
21 Throckmorton Ave
Eatontown, NJ 07724
Thomas Leo Muller

c/o EVAN F. NAPPEN ATTORNEY AT LAW, P.C.
21 Throckmorton Ave
Eatontown, NJ 07724
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
Scott A. Coffina
Burlington County Office of the Prosecutor
Courts Facility - 2nd Floor
49 Rancocas Road
P.O. Box 6000
Mt. Holly, NJ 08060
Mary Eva Colalillo

Camden County Prosecutor’s Office
200 Federal Street
Camden, New Jersey 08103
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
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
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
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:
PARTIES, JURISDICTION AND VENUE
1. Plaintiff Charles Douglas McDowell (hereinafter referred to as “Mr. McDowell”) is an
adult individual who presently resides in Houston County, Georgia.
2. Plaintiff Thomas Leo Muller (hereinafter referred to as “Mr. Muller”) is an adult
individual who presently resides in New Castle County, Delaware.
3. Defendant Gurbir Grewal (hereinafter referred to as “Defendant Grewal” or the
“Attorney General”) is presently the Attorney General of New Jersey (hereinafter
referred to as “Defendant Grewal” or the “Attorney General”). As the Attorney General
of New Jersey, Defendant Grewal is responsible for overseeing, supervising, delegating
or personally exercising and enforcing the powers and duties of the New Jersey
8
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,
Trenton, NJ 08625. He is being sued in his official capacity.
4. Defendant Patrick J. Callahan is presently the Superintendent of the New Jersey Division
of State Police (hereinafter referred to as “Defendant Callahan” or the “Superintendent”).
In his role as Superintendent, Defendant Callahan is responsible for overseeing,
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
being sued in his official capacity.
5. Defendant Damon G. Tyner is the Atlantic County Prosecutor (hereinafter referred to as
“Defendant Tyner” or the “Atlantic County Prosecutor”). As the Atlantic County
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.
6. Defendant Mark Musella is the Bergen County Prosecutor (hereinafter referred to as
“Defendant Musella” or the “Bergen County Prosecutor”). As the Bergen County
Prosecutor, he is the chief law enforcement officer in Bergen County, responsible for
9
official address is Bergen County Prosecutor’s Office, Two Bergen County Plaza,
Hackensack, NJ 0760. He is being sued in his official capacity.
7. Defendant Scott A. Coffina is the Burlington County Prosecutor (hereinafter referred to
as “Defendant Coffina” or the “Burlington County Prosecutor”). As the Burlington
County Prosecutor, he is the chief law enforcement officer in Burlington County,
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
being sued in his official capacity.
8. Defendant Mary Eva Colalillo is the Camden County Prosecutor (hereinafter referred to
as “Defendant Colalillo” or the “Camden County Prosecutor”). As the Camden County
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
08103. She is being sued in her official capacity.
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,
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
10. Defendant Jennifer Webb-McRae is the Cumberland County Prosecutor (hereinafter
referred to as “Defendant Webb-McRae” or the “Cumberland County Prosecutor”). As
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
referred to as “Defendant Stephens” or the “Essex County Prosecutor”). As the Acting
Essex County Prosecutor, he is the chief law enforcement officer in Essex County,
County. His official address is Veterans Courthouse, 50 West Market Street, Newark, NJ
07102. He is being sued in his official capacity.
12. Defendant Charles Fiore is the Gloucester County Prosecutor (hereinafter referred to as
“Defendant Fiore” or the “Gloucester County Prosecutor”). As the Gloucester County
Prosecutor, he is the chief law enforcement officer in Gloucester County, responsible for
official address is Gloucester County Prosecutor’s Office, 70 Hunter Street, P.O. Box 623,
Woodbury, NJ 08096. He is being sued in his official capacity.
13. Defendant Esther Suarez is the Hudson County Prosecutor (hereinafter referred to as
“Defendant Suarez” or the “Hudson County Prosecutor”). As the Hudson County
Prosecutor, she is the chief law enforcement officer in Gloucester County, responsible for
11
official address is Hudson County Prosecutor's Office, 595 Newark Avenue, Jersey City,
NJ 07306. She is being sued in her official capacity.
14. Defendant Michael J. Williams is the Acting Hunterdon County Prosecutor (hereinafter
referred to as “Defendant Williams” or the “Hunterdon County Prosecutor”). As the
Hunterdon County Prosecutor, he is the chief law enforcement officer in Hunterdon
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
Avenue, Flemington, NJ 08822. He is being sued in his official capacity.
15. Defendant Angelo J. Onofri is the Mercer County Prosecutor (hereinafter referred to as
“Defendant Onofri” or the “Mercer County Prosecutor”). As the Mercer County
Prosecutor, he is the chief law enforcement officer in Mercer County, responsible for
official address is Mercer County Prosecutor’s Office, 209 South Broad Street, 3rd Floor,
Trenton, NJ 08650. He is being sued in his official capacity.
16. Defendant Andrew C. Carey is the Middlesex County Prosecutor (hereinafter referred to
as “Defendant Carey” or the “Middlesex County Prosecutor). As the Middlesex County
Prosecutor, he is the chief law enforcement officer in Middlesex County, responsible for
official address is Middlesex County Prosecutor’s Office, 25 Kirkpatrick Street, New
Brunswick, NJ 08901. He is being sued in his official capacity.
17. Defendant Christopher J. Gramiccioni is the Monmouth County Prosecutor (hereinafter
referred to as “Defendant Gramiccioni” or the “Monmouth County Prosecutor”). As the
Monmouth County Prosecutor, he is the chief law enforcement officer in Monmouth
12
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
“Defendant Knapp” or the “Morris County Prosecutor”). As the Morris County
Prosecutor, he is the chief law enforcement officer in Morris County, responsible for
official address is Morris County Prosecutor’s Office, P.O. Box 900 – Court Street,
Morristown, NJ 07963. He is being sued in his official capacity.
19. Defendant Bradley D. Billhimer is the Ocean County Prosecutor (hereinafter referred to
as “Defendant Billhimer” or the “Ocean County Prosecutor”). As the Ocean County
Prosecutor, he is the chief law enforcement officer in Ocean County, responsible for
official address is Ocean County Prosecutor’s Office, 119 Hooper Avenue, P.O. Box
2191, Toms River, NJ 08754. He is being sued in his official capacity.
20. Defendant Camelia M. Valdes is the Passaic County Prosecutor (hereinafter referred to as
“Defendant Valdes” or the “Passaic County Prosecutor”). As the Passaic County
Prosecutor, she is the chief law enforcement officer in Passaic County, responsible for
official address is Passaic County Prosecutor’s Office, 401 Grand Street, Paterson, NJ
07505. She is being sued in her official capacity.
21. Defendant John T. Lenahan is the Salem County Prosecutor (hereinafter referred to as
“Defendant Lenahan” or the “Salem County Prosecutor”). As the Salem County
13
Prosecutor, he is the chief law enforcement officer in Salem County, responsible for
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
to as “Defendant Robertson” or the “Somerset County Prosecutor”). As the Somerset
County Prosecutor, he is the chief law enforcement officer in Somerset County,
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
sued in his official capacity.
24. Defendant Jennifer Davenport is the Acting Union County Prosecutor (hereinafter
referred to as “Defendant Monahan” or the “Acting Union County Prosecutor”). As the
Acting Union County Prosecutor, she is the chief law enforcement officer in Union
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
being sued in her official capacity.
14
25. Defendant Richard T. Burke is the Warren County Prosecutor (hereinafter referred to as
“Defendant Burke” or the “Warren County Prosecutor). As the Warren County
Prosecutor, he is the chief law enforcement officer in Warren County, responsible for
official address is Warrant County Prosecutor’s Office, 413 Second Street, Belvidere, NJ
07823.
26. The above-named Defendants are referred to collectively hereinafter as “Defendants.”
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.
28. Declaratory relief is authorized by 28 U.S.C. §§ 2201 and 2202.
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
Facts Relevant to Mr. McDowell
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
activities and courses related to firearms safety, training and education.
32. As a law-abiding gun owner, Mr. McDowell further participates in training related to
self-defense with firearms.
15
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
pistol for self-protection and protection of his loved ones.
35. On several occasions, Mr. McDowell has been invited to participate in firearms training
courses in New Jersey.
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
affidavit executed by Mr. McDowell is attached hereto as Exhibit “B.”
Facts Relevant to Mr. Muller
38. Plaintiff, Mr. Muller, is a law-abiding gun owner who regularly participates in activities
and courses related to firearms safety, training and education.
39. As a law-abiding gun owner, Mr. Muller further participates in training related to self-
defense with firearms.
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
the Delaware Court Order is attached hereto as Exhibit “C.”
16
41. In accordance with his training, as permitted by law, Mr. Muller regularly carries a pistol
for self-protection and protection of his loved ones.
42. For multiple reasons, Mr. Muller desires to travel to New Jersey, part of which includes
participation in activities related to firearms.
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
by Mr. Muller is attached hereto as Exhibit “D.”
Facts Common to Both Plaintiffs
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
exemption. See, N.J.S. 2C:39-5b and N.J.S. 2C:39-6.
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
and wholly unforgiving exemptions.
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
no eligibility for parole. N.J.S. 2C:43-6c.
17
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
under federal law. 18 U.S.C. § 922(g)(1).
50. New Jersey law provides no mechanism to carry a firearm for personal protection or
protection of others without a New Jersey Permit to Carry.
51. Without a New Jersey Permit to Carry, New Jersey law does not even afford a
mechanism to lawfully possess a handgun, whether loaded or unloaded, in a hotel or
other temporary overnight accommodations.
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,
598 F.3d 128, 136 (3d Cir. 2010).
53. As prescribed by 2C:58-4, a New Jersey Permit to Carry is issued by way of court order
entered by the New Jersey Superior Court.
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
governing the courts of this State”) N.J.S. 2C:58-4(e).
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
to carry firearms as they do New Jersey Permits to Carry.
18
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.
FIRST CLAIM FOR RELIEF

Violation of 28 U.S.C. § 1738
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.
Such Acts, records and judicial proceedings or copies thereof, so authenticated,

shall have the same full faith and credit in every court within the United States
and its Territories and Possessions as they have by law or usage in the courts of
such State, Territory or Possession from which they are taken.
59. The Georgia Court Order attached to this Complaint as Exhibit “A” includes an
attestation of the Clerk of the Probate Court of Houston County, Georgia.
60. Furthermore, the Georgia Court Order contains a certificate of Judge Kim Willson stating
that the said attestation is in proper form.
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.
19
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
in and for New Castle County.
64. Additionally, the Delaware Court Order contains a certificate of Resident Judge Richard
R. Cooch stating that the said attestation is in proper form.
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
would be bound to honor the Court Orders.
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
permit to carry the same.
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
and credit as it has in Georgia.
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
published July 16, 2014 regarding State v. Shaneen Allen.
20
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
refrain from doing so in fear of erroneous prosecution.
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
refuse to grant full faith and credit to the Court Orders.
75. Defendants’ violation of a clear statutory mandate harms the public in and of itself.
76. There is no adequate remedy at law as Plaintiffs face prosecution, incarceration,
permanent loss of their Second Amendment firearms rights and rights granted to them by
way of the Court Orders without intervention by this Court.
WHEREFORE, Plaintiffs pray this Honorable Court grant judgment in their favor, and
against Defendants, entering an order:
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
issuing a license to carry a concealed deadly weapon, including Mr. Muller’s
Delaware Court Order, shall be granted full faith and credit in every court in New
Jersey;
21
c) Declaring that exemplified acts, records, and judicial proceedings from Georgia
issuing a weapons carry license, including Plaintiff’s Georgia Court Order, shall
have the same effect as a “permit to carry” as identified in N.J.S. 2C:39-5b;
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
identified in N.J.S. 2C:39-5b;
e) Enjoining Defendants from arresting and/or prosecuting, under 2C:39-5b,
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.
SECOND CLAIM FOR RELIEF

Violation of Article IV, Section 1 of the
United States Constitution
78. Under Article IV, Section 1 of the United States Constitution:
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
proceedings of other states may be proved.
80. The Court Orders are compliant with 28 U.S. Code § 1738, and as such, is sufficiently
proved.
22
81. Accordingly, the Court Orders must be given full faith in credit in every other state,
namely, in New Jersey.
82. Therefore, if Plaintiffs were prosecuted under N.J.S. 2C:39-5b, every New Jersey court
would be bound to honor the Court Orders.
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
permit to carry the same.
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,
respectively, and/or equal protection provided by a New Jersey Permit to Carry.
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
refrains from doing so in fear of erroneous prosecution.
23
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
refuse to grant full faith and credit to the Court Orders.
92. Defendants’ violation of a clear mandate under the United States Constitution harms the
public in and of itself.
93. There is no adequate remedy at law as Plaintiffs face prosecution, incarceration and
permanent loss of firearms rights without intervention by this Court.
WHEREFORE, Plaintiff prays this Honorable Court grant judgement in his favor, and
against Defendants, entering an order:
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
have the same effect as a “permit to carry” as identified in N.J.S. 2C:39-5b;
d) Declaring that exemplified acts, records, and judicial proceedings from Delaware
24
Delaware Court Order, shall have the same effect as a “permit to carry” as
identified in N.J.S. 2C:39-5b;
e) Enjoining Defendants from arresting and/or prosecuting, under 2C:39-5b,
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,
/s/ Evan F. Nappen /s/ Michael Antonio Giaramita, Jr.

Evan F. Nappen Michael Antonio Giaramita Jr.
Bar No. 044481988 Bar Nos. PA 319299
Louis P. Nappen NJ 135252014
Bar No. 002233006 GIARAMITA LAW OFFICES, P.C.
David W. Huang 101 West Chester Pike, Suite 1A
Bar No. 016732010 Havertown, PA 19083
Ali Homayouni T: (484) 558-0076
Bar No. 046452011 F: (484) 202-6332
EVAN F. NAPPEN ATTORNEY AT LAW, P.C. E: MIKE @GLAWPA.COM
21 Throckmorton Ave
Eatontown, NJ 07724
T: (732) 389-8888
F: (732) 389-8744
E: [email protected]
Attorneys for Plaintiff
25

Charles Douglas Mcdowell V Grewal

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Case 3:20-cv-00433-FLW-DEA Document 1 Filed 01/14/20 Page 1 of 25 PageID: 1

UNITED STATES DISTRICT COURT

CHARLES DOUGLAS MCDOWELL,

THEODORE N. STEPHENS II, in his official

FRANCIS A. KOCH, in his official capacity

LOCAL CIVIL RULE 10.1 STATEMENT

The mailing addresses of the parties to this action are:

Charles Douglas McDowell

Thomas Leo Muller

Mary Eva Colalillo

PARTIES, JURISDICTION AND VENUE

1. Plaintiff Charles Douglas McDowell (hereinafter referred to as “Mr. McDowell”) is an

adult individual who presently resides in Houston County, Georgia.

2. Plaintiff Thomas Leo Muller (hereinafter referred to as “Mr. Muller”) is an adult

individual who presently resides in New Castle County, Delaware.

3. Defendant Gurbir Grewal (hereinafter referred to as “Defendant Grewal” or the

“Attorney General”) is presently the Attorney General of New Jersey (hereinafter

referred to as “Defendant Grewal” or the “Attorney General”). As the Attorney General

of New Jersey, Defendant Grewal is responsible for overseeing, supervising, delegating

Trenton, NJ 08625. He is being sued in his official capacity.

of State Police (hereinafter referred to as “Defendant Callahan” or the “Superintendent”).

In his role as Superintendent, Defendant Callahan is responsible for overseeing,

being sued in his official capacity.

5. Defendant Damon G. Tyner is the Atlantic County Prosecutor (hereinafter referred to as

“Defendant Tyner” or the “Atlantic County Prosecutor”). As the Atlantic County

6. Defendant Mark Musella is the Bergen County Prosecutor (hereinafter referred to as

“Defendant Musella” or the “Bergen County Prosecutor”). As the Bergen County

Hackensack, NJ 0760. He is being sued in his official capacity.

7. Defendant Scott A. Coffina is the Burlington County Prosecutor (hereinafter referred to

as “Defendant Coffina” or the “Burlington County Prosecutor”). As the Burlington

County Prosecutor, he is the chief law enforcement officer in Burlington County,

being sued in his official capacity.

as “Defendant Colalillo” or the “Camden County Prosecutor”). As the Camden County

08103. She is being sued in her official capacity.

10. Defendant Jennifer Webb-McRae is the Cumberland County Prosecutor (hereinafter

referred to as “Defendant Webb-McRae” or the “Cumberland County Prosecutor”). As

referred to as “Defendant Stephens” or the “Essex County Prosecutor”). As the Acting

07102. He is being sued in his official capacity.

“Defendant Fiore” or the “Gloucester County Prosecutor”). As the Gloucester County

Woodbury, NJ 08096. He is being sued in his official capacity.

“Defendant Suarez” or the “Hudson County Prosecutor”). As the Hudson County

NJ 07306. She is being sued in her official capacity.

referred to as “Defendant Williams” or the “Hunterdon County Prosecutor”). As the

Hunterdon County Prosecutor, he is the chief law enforcement officer in Hunterdon

Avenue, Flemington, NJ 08822. He is being sued in his official capacity.

“Defendant Onofri” or the “Mercer County Prosecutor”). As the Mercer County

Trenton, NJ 08650. He is being sued in his official capacity.

as “Defendant Carey” or the “Middlesex County Prosecutor). As the Middlesex County

official address is Middlesex County Prosecutor’s Office, 25 Kirkpatrick Street, New

Brunswick, NJ 08901. He is being sued in his official capacity.

17. Defendant Christopher J. Gramiccioni is the Monmouth County Prosecutor (hereinafter

referred to as “Defendant Gramiccioni” or the “Monmouth County Prosecutor”). As the

Monmouth County Prosecutor, he is the chief law enforcement officer in Monmouth

“Defendant Knapp” or the “Morris County Prosecutor”). As the Morris County

Morristown, NJ 07963. He is being sued in his official capacity.

as “Defendant Billhimer” or the “Ocean County Prosecutor”). As the Ocean County

2191, Toms River, NJ 08754. He is being sued in his official capacity.

“Defendant Valdes” or the “Passaic County Prosecutor”). As the Passaic County

07505. She is being sued in her official capacity.