Concealed Weapons Carry Permits for NJ Citizens "In Need"?

Governor Christie is in a battle with the Democrats controlling both houses of the NJ Legislature over concealed weapons carry permits in New Jersey. While Christie has determined that the restrictions requiring the showing of a “justifiable need” for a carry permit are too restrictive, the Legislature claims that Christie’s criteria requiring a showing of “serious threats” against one’s life is violative of the Legislative intent in the creation of the existing gun control laws in NJ. In addition to complaints by gun rights advocates indicating the permitting process was inefficient and overly restrictive, Chistie indicated that changes were a response to the murder of Carol Browne by her ex-boyfriend, against whom she had a restraining order, while Ms. Brown awaited approval of her gun permit. A3689 and SCR101 were immediately sponsored by the Assembly and Senate respectively in a response seeking to codify regulatory language relating to handgun carry permits. Democrats in control of the Senate and Assembly argued that the new standards could serve to substantially increase the number of carry permits in NJ and allow an overly broad spectrum of individuals to obtain permits. The Attorney General’s office replied that all other statutory requirements would continue to apply and a Superior Court judge would have to sign off on the permit so that the only change would be from the showing of an “actual need” to a showing of a specific “serious threat” against the person seeking the permit. The fate of this legislation is still pending. 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 only and not intended to replace the advice of an attorney.

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.

Motion To Suppress Handgun Denied

James Legette was indicted for second-degree unlawful possession of a handgun without a permit (N.J.S.A. 2C:39-5b) and second-degree possession of a weapon by a convicted person (N.J.S.A. 2C: 39-7). Legette, once in police custody entered his residence, with officers, and attempted to remove a handgun from his own person to avoid police detecting the gun in any subsequent search of his person. State v. Legette began when police responded to a noise complaint and noted the defendant coming from a building smelling of burnt marijuana and stopped him for investigatory purposes. The defendant claimed the need to enter his apartment to obtain his identification and the officer agreed and accompanied him. While walking through the premises toward the defendant's apartment, the office noticed what appeared to be a gun in the pocket of the defendant's sweatshirt. Once inside his apartment, the defendant produced his identification and removed his sweatshirt while the officer was radioing in the defendant's information. The defendant agreed to accompany the officer back outside with the officer carrying the sweatshirt defendant had removed as evidence. Once outside, a search of the sweatshirt by the officer's K-9 obviated the handgun in the pocket of the sweatshirt and the defendant was placed under arrest. In an ensuing motion to suppress the handgun, the NJ Superior Court trial judge held that James Legette was validly accompanied into his residence by police when sought to enter his own residence for the stated purpose of obtaining his identification. On appeal, the NJ Appellate Division reviewed State v. Walker, 213 N.J. 281 (2013) giving the officer the right to enter the common hallway of the building as he was called to the scene by citizens to investigate a noise complaint. Also under Walker, the odor of burnt marijuana emanating from the door the defendant opened gave the officer probable cause to believe contraband may be present. State v. Lamb, 218 N.J. 300, 314 (2014) which read the fourth Amendment of the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution to guarantee individuals the right of freedom from unreasonable search and seizure in their homes. However, under State v. Bruzzese, 94 N.J. 210, 234 (1983) when an individual under arrest chooses to enter their residence to obtain an item, it is both permissible and reasonable for officers to accompany them into the residence. The Appellate Division affirmed the decision of the trial judge. If you are facing charges stemming from illegal possession of a handgun, BB gun, paintball gun or other weapon it is critical you not undertake these matters without experienced counsel. For more information about unlawful possession of a weapon, illegal weapons, possession of a weapon for unlawful purposes or other serious weapons offenses 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.