As gun permit attorneys in New Jersey, we stay abreast of all the latest developments in this complex area of the law, which is constantly changing. A recent directive from the Courts, dated December 22, 2022, provides new information that applicants for firearms purchaser identification cards, handgun purchase permits, and carry permits, need to know.
Governor Murphy has signed new laws that amend several of the State’s statutes that regulate the purchase and ownership of firearms. These amendments were required by the recent United States Supreme Court decision in New York State Rifle and Pistol Association v. Bruen, decided earlier this year. The amendments are effective immediately.
The major changes to the law (and those that our clients seem most concerned about) involve carry permits. The amendments remove the New Jersey Courts from the initial decision making process concerning applications for carry permits. State law previously required an applicant to submit a written certification of ‘justifiable need’ to the reviewing law enforcement officer as part of the carry permit application process. If the the law enforcement officer approved the application and certification, it would be presented to a Superior Court judge for further review. If the applicant successfully demonstrated, among other things, a ‘justifiable need’ to carry a handgun in accordance with applicable law, the judge would approve the application and issue the permit. As a result of the Bruen decision, this procedure was deemed unconstitutional; thus, the ‘justifiable need’ requirement has been eliminated and the Court is no longer part of the initial application and issuance process for carry permits. Continue reading ›