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Possible changes to how New Jersey Carry Permits are issued
Recently, the New Jersey State Police proposed a change to the State’s administrative code that would allegedly make it easier for residents to obtain a carry permit. The amendment clarifies that justifiable need can be shown if there is evidence of serious threats that are not directed specifically at an individual and that establish more than just generalized fears or concerns.
You can read the proposed changes here:
Right now, the justifiable need standard is nearly impossible to meet which has led to absurd results. For example, when an applicant applies for a carry permit because their job is dangerous, the response has been that since you can always just quit your job, you don’t need a carry permit. The amendment would eliminate these absurd results. The amendments still makes it clear that you cannot obtain a carry permit if there are reasonable means to avoid the harm. However, the term you don’t have to take unreasonable measures such as having to never leave your house or having to leave the state.
However, I have serious concerns about how effective these changes will be.
The proposed amendment indicates on one hand that the NJSP wants to loosen this standard, it states on the other hand that the proposed amendment will bring the regulations more in line with New Jersey Supreme Court precedent. This however doesn’t make any sense since the regulations and the case law work hand in hand to make the justifiable need standard impossible. Its not as if the regulations say one thing and the case law says another. Perhaps this language was included to prevent anti-gun types from objecting to this language but I think this can cause serious harm moving forward. Clearly this issue will be litigated as trial courts may err on the side of caution forcing these cases up on appeal. The first few courts to deal with these cases will set the precedent for all future cases. Since the new regulations make reference to the old case law, it may be difficult to determine that any change has really occurred.
Of course, all hope is not lost.
The two examples given are a little helpful. The first is a taxi driver who works nights in a particular precinct where numerous drivers were shot and robbed. The second is an eyewitness to a murder committed by a street gang that has engaged in witness intimidation. In both examples, neither application has been harmed or threatened with harm. However, both examples are very specific. If you are a taxi driver during the day, you may not qualify because no one has been robbed during the day (yet). In the other, if you witness a murder committed by a violent street gang who has yet to murder witnesses, you might be out of luck.
Hopefully these examples can be expanded. Otherwise, us lawyers will have to work hard to expand these examples in the courts.
So what happens next?
Because this is a proposed change to the regulatory code, nothing is done yet. There are 12 steps to adopt a change to the administrative code and the public comment period is step 9. It is not until step 12 will we know the effective date of these change. In addition, the proposed amendments can be changed based upon the comments.
See this link for more information on the process:
How you can help
You have until May 6 to submit comments. They can be emailed. See the notice for more information. Please keep your comments professional and constructive.
Possession of a BB Gun in NJ
Many people of a certain age grew up with BB guns in New Jersey. In other states, they still do. However, in New Jersey, bb guns are illegal without a valid permit. This surprises most people and they don’t realize that this is illegal. In fact, it is a third degree felony so this isn’t some little slap on the wrist if convicted. This is a very serious situation that could impact your life forever. If you hare charged with possession of a bb gun in any court in New Jersey, call our attorneys to discuss your case. Our initial consultations are free.
For some reason, my competition is apparently telling people not to bother applying for gun permits right now. Why even advertise for it then? That seems pretty stupid. Applying for a gun permit right now might be difficult in some towns and might be the same as always in other towns. If you have nothing in your background, the only thing they could do is delay it or not give you an answer ever. If that happens, call us anytime. If there is something in your background, we can help you deal with it.
Remember, having a fancy website with a bunch of keywords doesn’t prove that you know what you are doing. I have this blog up so that you can read what we are about, what we know and what we do. Anyone can have a company build a website and put keywords on it but this type of knowledge and experience cannot be faked.
Over the last month, I get the same question several times a day: what is the status of gun permits in New Jersey after the Connecticut school shooting? Another question I get is: if / when will New Jersey’s gun law change? I’m not sure NJ’s basic gun laws could really get much worse. Its tough to say exactly how police departments across New Jersey are handling permits now, especially since there are over 500 of them not to mention the State Police. The clients I represent don’t seem impacted as I haven’t had a trouble getting their permits approved but that could be the result of a lawyer handling the application.
I have had a few clients call me to say that they applied for a permit a few months ago and were able to get approved quickly without a problem. When they applied about 2 months ago, right before the shooting, they cannot get anywhere with the police and have thus, reached out to me for help. Of course, this is just a few people so I’m not sure if it represents a trend. Thus, please comment on this post to share your experience within the last month or two if you can compare it to past applications.
Check out this news story:
We’ve seen this before with previous mass shootings.
This blog is getting rather lengthy and it would take some time to read all of it. Thus, I tried to consolidate all of the issues that can cause problems for anyone making an application on the page above. If I forgot anything, just let me know and I’ll add it if I think it should be on there.
We have a new website for our princeton office: http://www.princetondivorceattorney.com
You can also check out these sites:
Unless you live under a rock, you know that Corzine finally got to sign that law that limits honest people to buying one handgun per month. Of course, it wasn’t possible to buy 13 a year now anyway, but 13 is now the limit. (Yes there are 12 months but the way it works out is up to 13).
More importantly however is that gun rights in New Jersey has taken a big step back. Thus, I’m afraid that denials will spike and that they have actually already started. I’ve been very, very successful with the many gun permit applications that I have handled. However, I have noticed an increase in the amount of denials that other people have had.
It seems like no matter what I do, my service is not getting out there until it is too late. As a result, the amount of calls I have received for appeals has really jumped over the past few weeks. I doubt this will slow down any time soon. As if it wasn’t bad enough, some police departments won’t even give a reason for the denial!
I’ll keep fighting the good fight and blogging about it.