Firearm Authorization Records for Don Wagenhals
OAG made this OPRA request to Sussex County Community College
Dear Wendy Fullem:
Pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., I request electronic copies of government records maintained by Sussex County Community College (“SCCC”).
This request is made under OPRA as a request for public records, not as civil discovery. It is not made for any commercial purpose. I am requesting these records for informational and public-interest purposes, including to understand SCCC’s implementation of its weapons policies. I understand that certain information may be lawfully redacted under OPRA, and I request production of all reasonably segregable, non-exempt portions. If SCCC asserts any exemption, please identify the specific exemption relied upon and provide an index or log sufficient to understand what has been withheld, including the date, sender/recipient, and general subject matter of each withheld record.
Please provide electronic copies of the following:
Any written request by Don Wagenhals to carry or possess a firearm on Sussex County Community College property.
Any written approval, denial, determination, or other response to such a request.
Any written authorization issued under SCCC Policy 600.03 concerning Don Wagenhals.
Any records showing notification to law enforcement of any approval authorizing Don Wagenhals to carry a firearm on campus.
Records maintained by SCCC from January 1, 2019 through the present relating to SCCC’s weapons policies, including Policy 600.02 and Policy 600.03, and any amendments, revisions, updates, implementing procedures, guidance, directives, or forms, concerning:
a. authorization for armed personnel; and
b. the policy requirement of notification to law enforcement jurisdictions regarding authorized armed personnel.
This list is non-exhaustive and should be construed to include records reasonably responsive to these subjects.
For Items 1 through 4 above, the date range is January 1, 2018 through December 31, 2025. For Item 5, the date range is January 1, 2018 through the present.
Please provide responsive records by email in electronic form. If any portion of this request is denied, please state the specific legal basis for the denial.
Thank you.
March 12, 2026
To: OAG [OPRA #88302 email]
Re: OPRA request - Firearm Authorization Records for Don Wagenhals
To Whom It May Concern:
This letter is in response to your Open Public Records Act (OPRA) request received on March 10, 2026, seeking records related to “Firearm Authorization Records for Don Wagenhals.” Please see replies below.
1. Written request by D. Wagenhals to carry or possess a firearm on Sussex County
Community College property:
To the extent such documents exist, such documents are exempt from disclosure
under N.J.S.A. 47:1A-1.1 as they contain emergency or security information or
procedures for College buildings and facilities would jeopardize the security of the
College buildings and facilities, and the documents contain security measures
which, if disclosed, would create a risk to the safety of persons, property,
electronic data or software.
2. Written approval, denial, determination or other response to such request:
To the extent such documents exist, such documents are exempt from disclosure
under N.J.S.A. 47:1A-1.1 as they contain emergency or security information or
procedures for college buildings and facilities; would jeopardize the security of the
College buildings and facilities; and the documents contain security measures
which, if disclosed, would create a risk to the safety of persons, property,
electronic data or software.
3. Any written authorization issued under SCCC Policy 600.03 concern D.
Wagenhals:
To the extent such documents exist, such documents are exempt from disclosure
under N.J.S.A. 47:1A-1.1 as they contain emergency or security information or
procedures for College buildings and facilities; would jeopardize the security of the
College buildings and facilities; and the documents contain security measures
which, if disclosed, would create a risk to the safety of persons, property,
electronic data or software.
4. Records maintained by SCCC from January 1, 2019, through the present relating to
SCCC’s weapons policies, including Policy 600.02 and Policy 600.03, and any
amendments, revisions, updates, implementing procedures, guidance, directives,
or forms: (a) authorization for armed personnel; and (b) the policy requirement of
notification to law enforcement jurisdictions regarding authorized armed
personnel. This list is non-exhaustive and should be construed to include records
reasonably responsive to these subjects:
This request is invalid as it is overly broad and fails to identify specific government
records with any clarity. OPRA requires that a request identify specific records in
a manner that allows the custodian to locate and produce them without
conducting open-ended searches and research. Requests phrased as “any and
all records”, “all documents related to”, or similar broad terms are routinely
deemed invalid. See MAG Entertainment, LLC v. Division of Alcoholic Beverage
Control, 375 N.J. Super. 534 (App. Div. 2005); Bent v. Stafford Police Dep’t, 381
N.J. Super. 30 (App. Div. 2005); New Jersey Builders Ass’n v. New Jersey Council
on Affordable Housing, 390 N.J. Super. 166 (App. Div. 2007). Additionally, this
request seeks information rather than identifiable existing government records.
OPRA does not require the custodian to research, compile information, or create
new records, or respond to questions. N.J.S.A. 47:1A-5(g). Additionally, To the
extent such documents exist, such documents are exempt from disclosure under
N.J.S.A. 47:1A-1.1 as they contain emergency or security information or
procedures for College buildings and facilities; would jeopardize security of the
College buildings and facilities; and the documents contain security measures
which, if disclosed, would create a risk to the safety of persons, property,
electronic data or software.
Notwithstanding and without waiving the foregoing objections, SCCC’s Policy
600.02 and 600.03 may be viewed on SCCC's website at:
https://www.sussex.edu/about-sussex/poli....
Sincerely,
Wendy Fullem
Custodian of Records
Sussex County Community College
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