Michael Harris
09-06-2003, 11:54 PM
Bounty hunters in fight to keep doing their jobs
After court rulings against them, some who recover fugitives say outlaws are gaining protection. Appeals are planned.
By Wendy Ruderman
INQUIRER STAFF WRITER
Rodger Jones, a bounty hunter who runs a fugitive recovery business in Cumberland County, says he feels like his, profession is under siege.
In June, one of his employees was convicted of trespass in trying to force his way into the Gloucester County home of a woman whose son had jumped bail.
Now, a state appeals court says Jones can no longer carry his 40-caliber Heckler & Koch handgun when apprehending fugitives.
"It's becoming clear to me that the state attorney general and some county prosecutors are protecting criminals," Jones 'said -yesterday. "The criminals are getting more and more power."
Jones said he and other bounty hunters would not give up without a fight.
Kenneth Wickliff, who was found guilty of criminal trespass June 3, yesterday alerted the Gloucester County Prosecutor's Office that he would appeal his conviction.
And Jones said he would not relinquish his permit to carry a gun until the state Attorney General's Office served him with a court order – even though a three-judge appeals panel ruled last week-that he had not made a strong enough case to justify carrying a handgun on the job.
"As far as we're concerned, from the date of this opinion, they have no right to carry guns," said Lori Linskey, the deputy attorney general who represented the state in the case 'before the state Appellate Division on Aug. 28.
She said she would seek a court order, if necessary, to ensure that Jones turned over his carry permit.
Jones, 35, said he was considering an appeal, though he had already shelled out about $40,000 in legal fees.
The appellate ruling is the latest legal development in a debate over whether' bounty hunters can carry handguns and make arrests in New Jersey.
Bounty hunters believe that a U.S. Supreme Court opinion from 1872 gives them the authority to arrest a fugitive by any means necessary, including by carrying a gun or breaking into homes.
But that Wild West-era ruling has failed recent tests in New Jersey, where judges have concluded that state law supersedes federal.
"The appellate court didn't give a lot of credence to the case from the 1800s that all bounty hunters cling to," Linskey said. "They better start clinging to something else."
The three-judge appeals panel ruled that bounty hunters do not have an automatic right to carry guns when trying to apprehend fugitives, Instead, each permit application must be decided on a case-by-case basis.
In New Jersey, anyone who is not a law enforcement officer and wants to' carry a gun must show a "justifiable, need," according to the law, proving that in the course of performing a job authorized by law, he or she "is subject to a substantial threat of serious bodily harm."
Statewide, there are 4,500 active carry permits, but most of those, about 3,500, were issued to retired police officers. The rest went to security guards and those who drive armored trucks, according to state police spokesman Sgt. Gerald Lewis.
The appellate ruling grew out of cases in two counties in which bounty hunters sought to carry permits. A Superior Court judge had granted Jones, who co-owns AmeriTac Fugitive Recovery in Millville, Cumberland County, and two colleagues the right to carry guns, saying police departments cannot pursue every fugitive.
The state Attorney General's Office appealed the 2002 ruling, arguing that trained police officers, not bounty hunters, should apprehend fugitives.
After court rulings against them, some who recover fugitives say outlaws are gaining protection. Appeals are planned.
By Wendy Ruderman
INQUIRER STAFF WRITER
Rodger Jones, a bounty hunter who runs a fugitive recovery business in Cumberland County, says he feels like his, profession is under siege.
In June, one of his employees was convicted of trespass in trying to force his way into the Gloucester County home of a woman whose son had jumped bail.
Now, a state appeals court says Jones can no longer carry his 40-caliber Heckler & Koch handgun when apprehending fugitives.
"It's becoming clear to me that the state attorney general and some county prosecutors are protecting criminals," Jones 'said -yesterday. "The criminals are getting more and more power."
Jones said he and other bounty hunters would not give up without a fight.
Kenneth Wickliff, who was found guilty of criminal trespass June 3, yesterday alerted the Gloucester County Prosecutor's Office that he would appeal his conviction.
And Jones said he would not relinquish his permit to carry a gun until the state Attorney General's Office served him with a court order – even though a three-judge appeals panel ruled last week-that he had not made a strong enough case to justify carrying a handgun on the job.
"As far as we're concerned, from the date of this opinion, they have no right to carry guns," said Lori Linskey, the deputy attorney general who represented the state in the case 'before the state Appellate Division on Aug. 28.
She said she would seek a court order, if necessary, to ensure that Jones turned over his carry permit.
Jones, 35, said he was considering an appeal, though he had already shelled out about $40,000 in legal fees.
The appellate ruling is the latest legal development in a debate over whether' bounty hunters can carry handguns and make arrests in New Jersey.
Bounty hunters believe that a U.S. Supreme Court opinion from 1872 gives them the authority to arrest a fugitive by any means necessary, including by carrying a gun or breaking into homes.
But that Wild West-era ruling has failed recent tests in New Jersey, where judges have concluded that state law supersedes federal.
"The appellate court didn't give a lot of credence to the case from the 1800s that all bounty hunters cling to," Linskey said. "They better start clinging to something else."
The three-judge appeals panel ruled that bounty hunters do not have an automatic right to carry guns when trying to apprehend fugitives, Instead, each permit application must be decided on a case-by-case basis.
In New Jersey, anyone who is not a law enforcement officer and wants to' carry a gun must show a "justifiable, need," according to the law, proving that in the course of performing a job authorized by law, he or she "is subject to a substantial threat of serious bodily harm."
Statewide, there are 4,500 active carry permits, but most of those, about 3,500, were issued to retired police officers. The rest went to security guards and those who drive armored trucks, according to state police spokesman Sgt. Gerald Lewis.
The appellate ruling grew out of cases in two counties in which bounty hunters sought to carry permits. A Superior Court judge had granted Jones, who co-owns AmeriTac Fugitive Recovery in Millville, Cumberland County, and two colleagues the right to carry guns, saying police departments cannot pursue every fugitive.
The state Attorney General's Office appealed the 2002 ruling, arguing that trained police officers, not bounty hunters, should apprehend fugitives.