Without a search warrant, DYFS demanded entry into the families home and access to all of the firearms
(Mike Opelka) Did this photograph spark a police action that tried to enter a New Jersey home without a warrant? That’s the story being told on a website dedicated to “Open Carry” in the state of Delaware. The title of the story, “The fight has officially been brought to my front door.”
The young man in the photo is the 11-yr-old son of Shawn Moore. The gun is a .22 rifle, a copy of the AR-15, but a 22 caliber. The photo was posted on Facebook by a proud father. That Facebook posting apparently triggered an anonymous call to New Jersey’s Department of Youth and Family Services (DYFS). On Friday night, March 15th, two representatives from the state’s social services office (along with four local police officers) came to the Moore home and demanded to see the family’s firearms.
According to Moore’s lawyer, Evan Nappen (an attorney with considerable expertise in NJ’s very strict gun laws), the situation was “outrageous.”
Here’s what Moore alleges on the Delaware open carry forum:
- NJ’s Department of Youth and Family Services (DYFS) came to his home, accompanied by police officers. They claimed to be responding to a call about a photo of a young boy holding a firearm. (photo above)
- Without a search warrant, DYFS demanded entry into Moore’s home and access to all of his firearms. Moore was not initially there, but his wife called him. He arrived quickly and called his lawyer on the way.
- With his lawyer listening to the exchange on the phone with police and DFYS, Moore denied entry to his home and access to his safe where he stores his guns.
- When Moore requested the name of the DFYS representative, she refused to give it to him.
- After threatening to “take my kids,” the police and Family Services worker left — “empty handed and seeing nothing.”
In an exclusive interview with TheBlaze, Mr. Nappen — the attorney who was listening to the entire incident via Moore’s speaker phone — added more details:
- The DYFS worker repeatedly demanded access to the house and for Moore to open his safe where the firearms were stored. She said that the guns should be catalogued and checked to make certain they were “properly registered.” (NJ does not require registration, it is voluntary.)
- The four police officers acted professionally, they were there at the request of DYFS.
- The worker refused to identify herself. Mr. Moore demanded that she giver her name. She refused and ran away.
- As of Tuesday morning, Mr. Nappen believes that DYFS is still pushing for an inspection, “which is not happening.”
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