S2678

An Act concerning the issuance of permits to carry handguns and amending N.J.S.2C:58-4.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. The Legislature finds and declares that current New Jersey statutes and regulations concerning qualification to lawfully carry a handgun have dramatically prevented responsible citizens from having the ability to lawfully protect themselves from individual criminals and criminal gangs that illegally use handguns to threaten the innocent public’s safety, personal security, and peace of mind.

b. Elected officials, whose character and record are subject to extensive public scrutiny and approval by voters, are denied the ability to qualify for a permit to carry a handgun in all but the most exceptional cases.

c. Accordingly, it is desirable for this State’s statutes and regulations concerning the permit to carry a handgun to be revised.

2. N.J.S.2C:58-4 is amended to read as follows:

2C:58-4. a. Scope and duration of authority. Any person who holds a valid permit to carry a handgun issued pursuant to this section shall be authorized to carry a handgun in all parts of this State, except as prohibited by subsection e. of N.J.S.2C:39-5. One permit shall be sufficient for all handguns owned by the holder thereof, but the permit shall apply only to a handgun carried by the actual and legal holder of the permit.

All permits to carry handguns shall expire two years from the date of issuance or, in the case of an employee of an armored car company, upon termination of his employment by the company occurring prior thereto whichever is earlier in time, and they may thereafter be renewed every two years in the same manner and subject to the same conditions as in the case of original applications.

b. Application forms. All applications for permits to carry handguns, and all applications for renewal of permits, shall be made on the forms prescribed by the superintendent. Each application shall set forth the full name, date of birth, sex, residence, occupation, place of business or employment, and physical description of the applicant, and any other information the superintendent may prescribe for the determination of the applicant's eligibility for a permit and for the proper enforcement of this chapter. The application shall be signed by the applicant under oath, and shall be indorsed by three reputable persons who have known the applicant for at least three years preceding the date of application, and who shall certify [thereon] that the applicant is a person of good moral character and behavior.

c. Investigation and approval. Each application shall in the first instance be submitted to the chief police officer of the municipality in which the applicant resides, or to the superintendent, (1) if the applicant is an employee of an armored car company, or (2) if there is no chief police officer in the municipality where the applicant resides, or (3) if the applicant does not reside in this State. The chief police officer, or the superintendent, as the case may be, shall cause the fingerprints of the applicant to be taken and compared with any and all records maintained by the municipality, the county in which it is located, the State Bureau of Identification and the Federal Bureau of Identification. He shall also determine and record a complete description of each handgun the applicant intends to carry.

[No] An application shall not be approved by the chief police officer or the superintendent unless the applicant demonstrates that he is not subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3, that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun or satisfies the criteria set forth in subsection g. of this section.

[Each] If applicable, each application form shall be accompanied by a written certification of justifiable need to carry a handgun, which shall be under oath and, in the case of a private citizen, shall specify in detail the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant's life that cannot be avoided by means other than by issuance of a permit to carry a handgun. Where possible, the applicant shall corroborate the existence of any specific threats or previous attacks by reference to reports of the incidents to the appropriate law enforcement agencies.

If the application is not approved by the chief police officer or the superintendent within 60 days of filing, it shall be deemed to have been approved, unless the applicant agrees to an extension of time in writing.

d. Issuance by Superior Court; fee. If the application has been approved by the chief police officer or the superintendent, as the case may be, the applicant shall forthwith present it to the Superior Court of the county in which the applicant resides, or to the Superior Court in any county where he intends to carry a handgun, in the case of a nonresident or employee of an armored car company. The court shall issue the permit to the applicant if, but only if, it is satisfied that the applicant is a person of good character who is not subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3, that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun in accordance with the provisions of subsection c. of this section or satisfies the criteria set forth in subsection g. of this section. The court may at its discretion issue a limited-type permit which would restrict the applicant as to the types of handguns he may carry and where and for what purposes the handguns may be carried. At the time of issuance, the applicant shall pay to the county clerk of the county where the permit was issued a permit fee of $20.

e. Appeals from denial of applications. Any person aggrieved by the denial by the chief police officer or the superintendent of approval for a permit to carry a handgun may request a hearing in the Superior Court of the county in which he resides or in any county in which he intends to carry a handgun, in the case of a nonresident, by filing a written request for a hearing within 30 days of the denial. Copies of the request shall be served upon the superintendent, the county prosecutor, and the chief police officer of the municipality where the applicant resides, if he is a resident of this State. The hearing shall be held within 30 days of the filing of the request, and no formal pleading or filing fee shall be required. Appeals from the determination at the hearing shall be in accordance with law and the rules governing the courts of this State.

If the superintendent or chief police officer approves an application and the Superior Court denies the application and refuses to issue a permit, the applicant may appeal the denial in accordance with law and the rules governing the courts of this State.

f. Revocation of permits. Any permit issued under this section shall be void at the time the holder thereof becomes subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3, and the holder of a void permit shall immediately surrender the permit to the superintendent who shall give notice to the licensing authority.

Any permit may be revoked by the Superior Court, after hearing upon notice to the holder, if the court finds that the holder is no longer qualified for the issuance of a permit. The county prosecutor of any county, the chief police officer of any municipality, the superintendent, or any citizen may apply to the court at any time for the revocation of any permit issued pursuant to this section.

g. A permit application submitted under this section by an elected official shall be approved by the chief of police, or the superintendent as the case may be, and issued by the Superior Court if the applicant presents evidence of successful completion of at least eight hours of firearm safety training.

Acceptable evidence of successful completion of safety training shall include, but not be limited to:

(1) documentation of law enforcement or military service;

(2) a certificate indicating satisfactory completion of a National Rifle Association firearms course;

(3) a certificate that the applicant is a certified National Rifle Association Firearms Instructor;

(4) a New Jersey hunting license or New Jersey Hunter’s Education Course card;

(5) a copy of a firearms or hunting license or permit from any other jurisdiction that requires the holder to successfully complete a substantially equivalent firearms safety class or course; or

(6) any other documentation, certificate, or certification deemed substantially equivalent by the superintendent.

h. For purposes of this section, “elected official” means any person holding the office of United States Senator or a member of the United States House of Representatives elected from this State, or any person holding a State or local government office which, under the State Constitution or by law, is filled by the registered voters of a jurisdiction at an election, including a person appointed, selected, or otherwise designated to fill a vacancy in such office.

(cf: P.L.2018, c.37, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill provides that an elected official of this State will be issued permits to carry handguns under certain circumstances.

Under current law, in order to be granted a permit to carry a handgun, an applicant is required to demonstrate “justifiable need.” Justifiable need is defined in State regulations, at N.J.A.C.13:54-2.4, as, “the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant's life that cannot be avoided by means other than by issuance of a permit to carry a handgun.”

This bill exempts elected officials from the “justifiable need” requirement. Under the bill’s provisions, the permit to carry will be issued as long as the applicant is not subject to any disabilities set forth in current law and presents evidence of successful completion of at least eight hours of firearm safety training.

Under the bill, acceptable evidence of training includes:

(1) documentation of law enforcement or military service;

(2) a certificate indicating satisfactory completion of a National Rifle Association firearms course;

(3) a certificate that the applicant is a certified National Rifle Association Firearms Instructor;

(4) a New Jersey hunting license or New Jersey Hunter’s Education Course card;

(5) a copy of a firearms or hunting license or permit from any other jurisdiction that requires the holder to successfully complete a substantially equivalent firearms safety class or course; or

(6) any other documentation, certificate, or certification deemed substantially equivalent by the superintendent.

The bill defines “elected official” to mean any person holding the office of United States Senator or member of the United States House of Representatives elected from this State, or any person holding a State or local government office which, under the State Constitution or by law, is filled by the registered voters of a jurisdiction at an election, including a person appointed, selected, or otherwise designated to fill a vacancy in such office.