NJ Handgun Permit Guidelines To Be Updated

Handgun permit processing in New Jersey is undergoing updates. On April 8, 2016, Acting Attorney General Robert Loughy issued new directives regarding uniformity in processing designed to limit instances of extreme delay and other problems. N.J.S.A. 2C:58-3 sets forth the application procedures and forms which are to be utilized by permit issuing bodies and no deviation is permitted. Agencies are prohibited from applying personal views regarding civilian firearms regulation, requiring additional forms, requiring additional information from applicants or otherwise deviating from the standards set forth. Gun permit issuing agencies have a 30 day time period to review applications under N.J.S.A. 2C:58-3(f), unless the applicant's life is in specific danger in which case the gun permit application review period is decreased to 14 days. Disqualification occurs upon conviction of an indictable crime or a disorderly persons domestic violence offense. Interestingly, in spite of these steps toward uniformity, there is also a very broad category for disqualification which allows issuing bodies discretion to deny a handgun permit or firearms purchaser identification card if the "issuance would not be in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). The New Jersey State Police are charged with the drafting of uniform investigation standards. In addition, there are to be updates to Firearms Transport Guidelines. Pursuant to N.J.S.A. 2C:39-6, transport of a firearm that is unloaded and secured in a fastened case or gun box or inside of a locked trunk is permitted directly between a home and business, place of purchase and home or business, directly from a home or business to a range or place of hunting, between a home or business and a gun repair shop or licensed gun dealer and between residences when moving. There are also undefined "reasonably necessary" deviations permitted in the route of transportation including the purchase of fuel, food, beverages, medication and other supplies; use of a restroom, pickup or discharge of passengers, emergencies, detours and other reasons. The reasonability of the deviation and lawfulness of transport is subject to the judgment of the officer encountering an individual undertaking transport. If you have been denied the right to a carry permit after meeting all criteria to obtain one you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Gun Permit Bill Veto By Governor Christie Is Overridden

Governor Chris Christie's veto of a bill addressing gun permits in New Jersey, S-2360, was overridden by the NJ Senate. The bill would require notification to the courts when an individual sought to have mental health records expunged for the purpose of obtaining a firearms purchaser identification card. Christie called the bill a 'half-measure' which failed to address mental health issues and gun violence comprehensively. Under S-2360, individuals would have to notify New Jersey State Police, their county prosecutor and local police department when seeking expungement of their mental health records for the purpose of obtaining a gun permit. Presently, those with mental health histories are unable to obtain a gun permit under most circumstances. While proponents of the bill believe it will close loopholes which currently allow those with a history of mental illness to purchase guns legally, Christie believes the public would be better served by requiring those previously mandated to mental health treatment to prove they had been successfully treated and in order to obtain a gun permit. For more information about gun laws in New Jersey including obtaining a gun permit, possession of illegal weapons, unlawful possession of a weapon, regulations on BB guns and paintball guns and other weapons offenses visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

NJ Firearms Purchaser Identification Card Denied For NY Charges

George Winston was denied a New Jersey firearms purchaser identification (FPI) card in 2011 as a result of convictions in New York of attempted assault in 1974 and possession of a controlled dangerous substance in 1989. The Clifton, New Jersey Chief of Police denied Winston an FPI card in spite of "certificates of relief from disabilities" for the prior New York convictions pursuant to N.J.S.A. 2C:58-3c(1). In the Matter of the Denial of the Application of Winston the Superior Court- Law Division, Passaic County judge heard testimony from Winston and others as well as a Clifton detective undertaking the background search with regard to the application. The Clifton detective indicated that Winston's background also included domestic violence charges, a driving under the influence (DUI) charge and disputes with neighbors on more than one occasion. The Law Division judge found that the New York certificates of relief were not entitled to the Full Faith and Credit Clause as they were not equivalent to a New Jersey expungement under New York law but rather they remove certain bars to employment under New York law. If you are seeking a permit to obtain a firearm, you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Attack On NJ Gun Law Will Not Be Heard By US Supreme Court

The U.S. Supreme Court will not hear an NRA backed Second Amendment challenge to NJ's "justifiable need" requirement to carry a handgun outside of a personal residence. New Jersey's Handgun Permit Law (N.J.S.A. 2C:58-4) affords substantial discretion to judges and law enforcement personnel in determining who may carry handguns in public. On the heels of District of Columbia v. Heller, 544 U.S. 570 (2008) and McDonald v. Chicago, 130 S. Ct. 3020 (2010), there have been numerous challenges to gun restrictions within various states. Heller struck down the outright ban on handgun ownership in Washington D.C. and McDonald held that the Second Amendment protection used to strike down the D.C. ban in Heller applies to the various states. The NJ challengers were 4 individuals denied carry permits and 2 gun rights groups with several amici, including the NRA, on either side of the issue. The plaintiffs contended that the Second Amendment right to bear arms includes the right to protect oneself outside, not only inside, one's residence. Further they argued that the law's "justifiable need" standard of deciding who is fit to carry a gun and who is not affords broad discretion in law enforcement and judges to select which individuals will and will not be able to exercise their Constitutional rights. The "justifiable need" standard under the NJ Handgun Permit Law requires an applicant for a carry permit to obtain positive character references from 3 individuals of good reputation who have known the applicant for at least 3 years and then obtain approval from their local police chief. Once the application is complete, individuals seeking a carry permit must undergo background checks regarding criminal and mental history and fingerprinting. Next they must demonstrate their ability to safely handle a handgun and lastly is the highly ambiguous showing of "justifiable need" to carry a handgun. This information is all complied and a permit is issued by a Superior Court Judge only if all criteria are satisfactorily met. Without a doubt there will be further challenges to the NJ Handgun Permit Law as some argue that citizens need guns for protection while others argue that if no one has guns they cannot be used for violence. If you have a justifiable need to carry a handgun and have been denied the right to a carry permit after meeting all criteria to obtain one you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.