Explore The NRA Universe Of Websites

APPEARS IN News

The Dominoes Begin to Fall: NJ Amends Permit Rules After Bruen

Tuesday, June 28, 2022

The Dominoes Begin to Fall: NJ Amends Permit Rules After Bruen

New Jersey’s acting Attorney General, Matthew J. Platkin, issued a directive “clarifying requirements for carrying firearms in public” a day after the historic ruling by the U.S. Supreme Court in New York State Rifle & Pistol Assoc. v. Bruen on June 23. That ruling struck down as unconstitutional the handgun permitting regime in neighboring New York State, which, like New Jersey’s, is based on a “may issue” approach. The Court held that “New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.”  

In New Jersey, the chief police officer or the Superintendent of the State Police has discretion in determining whether or not to issue a concealed weapons permit. State law requires an applicant to establish a special, individualized threat to life through 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…” The details of these specific threats or previous attacks must, where possible, be corroborated by the applicant “by reference to reports of the incidents to the appropriate law enforcement agencies.”

Even after an applicant has been approved by the applicable law enforcement agency, state law requires that the application also be approved by the superior court. 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, meets the objective requirements, and that he or she “has a justifiable need to carry a handgun.”  

Although the Supreme Court’s decision did not specifically invalidate New Jersey’s handgun carry permit law, the Court noted in Bruen that New Jersey is only one of six remaining jurisdictions using analogues to New York State’s unconstitutional “proper cause” standard, making it almost certainly unconstitutional as well. The NRA and Association of New Jersey Rifle & Pistol Clubs filed a lawsuit challenging New Jersey’s justifiable need requirement in 2020.

Acting AG Platkin’s directive, Attorney General Directive No. 2022-07, effective immediately, requires “all law enforcement and prosecuting agencies operating under the authority of the laws of the State of New Jersey to implement and comply with the directives,” which in this case eliminates the requirement that an applicant submit a written certification of justifiable need to carry a handgun. “The decision in N.Y. State Rifle & Pistol Assoc. v. Bruen, No. 20-843, prevents us from continuing to require a demonstration of justifiable need in order to carry a firearm, but it does not prevent us from enforcing the other requirements in our law.”

New Jersey statute law remains to be adjusted to reflect this change. However, this is a positive development, as some public officials in the remaining “may issue” jurisdictions had reacted to the Bruen decision with indications that they would nonetheless implement new restrictions on permits, as in the case of New York City’s mayor who reportedly stated he will use “every legal resource available” to “undo and mitigate” the effect of the Supreme Court decision.     

Accordingly, your NRA will continue to monitor developments following this critically important court decision.


TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.