In order to carry a handgun, a permit is required. The procedure to purchase a handgun is similar to the procedure to apply to carry a handgun. However, applicants who are out of state residents, are employed by an armored car service or where there is no police chief in the Municipality in which the applicant resides must apply to the State Police.
Once a completed application is received by the Superior Court, the matter is docketed and scheduled before the assigned gun permit judge. If the armored car service employer had not previously appeared before the judge, or if justifiable need has not been demonstrated, a hearing is required. Thus, it is vital for the police chief to agree that there is a justifiable need. The judge makes a determination by review of the applicant’s current circumstances based upon the statutory criteria. The court shall issue the permit to the applicant 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 section N.J.S.A. 2C:58-3c, that he or she is thoroughly familiar with the safe handling and use of handguns, and that he or she has a justifiable need to carry a handgun.
Justifiable need may be proven by showing that there is an urgent necessity for self-protection, that the applicant is subject to a substantial threat of serious bodily harm, and that the carrying of a handgun is necessary to reduce the threat of unjustifiable serious bodily harm to any person. This is a very tough standard, especially due to the current climate towards guns in New Jersey. The judge can impose restrictions to carry a handgun and issue a limited-type permit. The permit is valid for two years. Renewal permits can be issued subject to the same procedures as the original permit was obtained. Change cards can also be issued where an applicant wants to change the present restriction, the employer or the type of weapon. Applicants who are not granted a permit by the chief of police or superintendent of the State Police may appeal to the Superior Court within 30 days of denial. Applicants who are denied a permit by the Superior Court may appeal to the Appellate Division.
There are four categories of people that need our help with carry permits: 1) Retired Law Enforcement, 2) Armored Car Drivers, 3) Armed Security and 4) Everyone else
Retired Law Enforcement
Most retired law enforcement officers don’t have a problem obtaining a carry permit and thus, do not need the services of an attorney. However, there are a few circumstances where we have had to step in to help. Some officers that have retired from other states have found that their department will not sign off on the forms required by New Jersey. By fighting those cases in court, we have been able to help those officers obtain their permits. Another common issue is where the officer’s worked in New Jersey and their department won’t sign off on their permit due to various allegations. In these situations, we have also fought back and took our cases to the courts to achieve success.
Armored Car Drivers
Much like police officers, most armored car personnel don’t have much of a problem getting their permits. However, there are a few times when either the client has an issue that has come up or the court is just delaying their permit. In any case, we have been able to step in and help those clients.
Private Armed Security
This is where things get tricky. People that have had permits for many years suddenly find themselves getting denied for no reason. Although the law and the facts have stayed the same, the court’s attitude has changed. New judges looking at these permits may have a different view than previous judges before them. If you find yourself in this situation, we have a great legal strategy to help you get your permit again.
Carry permits in New Jersey have proven almost impossible to get for most people. In plain English, the law states that for the average person, you need to demonstrate that obtaining a carry permit is the only option you have to protect yourself. Transporting a lot of money? Diamonds? Working in bad neighborhoods? Our courts have said that you can always find another line of work instead of getting a carry permit. This is true even after Heller which did nothing to change the laws in New Jersey. While there is talk about a nationwide carry permit or promise of litigation that could overturn New Jersey’s laws, this is the current state of the law unless something else happens.
Despite this grim news, there is a very small crack in the door that may allow you to obtain a carry permit. Please note that the chance of success is very small. Furthermore, it can be a very long and expensive process. If you are still interested in discussing obtaining a carry permit in New Jersey, we may require a consultation fee so that we can evaluate your situation in detail.
Regardless of what category you fall under, call us at 732-383-6242. This number is only for carry permits. For all other calls, use the toll free number.