Bill Text: NJ S3072 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires certain training for issuance of permit to carry handgun; eliminates justifiable need standard.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-09-29 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3072 Detail]
Download: New_Jersey-2022-S3072-Introduced.html
Sponsored by:
Senator EDWARD DURR
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires certain training for issuance of permit to carry handgun; eliminates justifiable need standard.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning permits to carry a handgun and amending N.J.S.2C:58-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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] each handgun for which the person has qualified pursuant to subsection b. of this section, 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 qualified 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] five 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] . A permit may thereafter be renewed every [two] five years [in the same manner and subject to the same conditions as in the case of original applications] upon successful completion of the shooting qualification requirements established pursuant to subsection c. of this section.
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] If an initial applicant has not been issued a permit to
purchase a handgun or a firearms purchaser identification card, 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] the applicant is not subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3 [, that he] and thoroughly familiar with the safe handling and use of handguns [, and has been issued a firearm's purchaser identification card or at least one permit to purchase a handgun that he has a justifiable need to carry a handgun] , pursuant to the training and qualification standards established in this subsection.
[Each] An initial 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] demonstrating that the applicant has successfully completed:
(1) a basic firearm training course approved by the Police Training Commission; and
(2) a shooting qualification firing at least 50 rounds with a minimum score of 70 percent, as certified by the instructor of the basic firearm training course, for each handgun to be included in the permit.
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] chief of police or superintendent, as the case may be, shall issue the permit to the applicant if [, but only if, it] he 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] and 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 paragraphs (1) and (2) of subsection [c.] a. 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] $100.
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 in the case of an applicant who is a resident of this State, the chief police officer of the municipality where the applicant resides, if [he is a resident of this State] there is a chief police officer in that municipality. 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. The holder of a permit issued pursuant to this section shall certify annually that the holder has fired at least 30 rounds from at least one of the handguns for which the holder is qualified to carry pursuant to this section. The certification shall be completed by a certified firearms instructor on a firing range approved by the governing body of the municipality in which the range is located or the National Rifle Association. The certification shall be filed with the permit's issuing authority and the fee shall be $10.
(cf: P.L.2018, c.37, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill eliminates the justifiable need standard for obtaining a permit to carry a handgun, provides for a training and qualification standard in its place, and establishes the Superintendent of State Police or chief police officer of a municipality as the issuing authority.
Current law requires a private citizen applicant to demonstrate "justifiable need" in order to obtain a permit to carry a handgun. Applicants require the approval of the chief police officer in the municipality where they reside or the superintendent, if the applicant's municipality does not have a police department or the applicant lives out of State. Additionally, applicants are required to obtain the approval of a Superior Court judge in the county where they reside. A permit to carry a handgun is issued by the court. The bill removes the requirement that the application be submitted to the Superior Court and provides that the chief police officer of the municipality, or the superintendent, as the case may be, would issue the permit. The bill preserves the provision in current law that a denial of a permit application may be appealed to the Superior Court.
Under current law, approval is contingent upon a person submitting, along with the application, a written certification establishing justifiable need. Justifiable need is defined 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 replaces the justifiable need standard with a requirement that an applicant complete: (1) a basic firearm training course approved by the Police Training Commission; and (2) a shooting qualification firing at least 50 rounds with a minimum score of 70 percent, as certified by the instructor of the basic firearm training course, for each handgun to be included in the permit.
The bill provides that a permit applicant only would be required to submit to a criminal history background and mental health records check if the applicant has never been issued a permit to purchase a handgun or a firearms purchaser identification card. The bill additionally provides that a permit to carry a handgun would expire and be subject to renewal after five years. Under current law, permits expire and require renewal after two years. The bill also requires a permit holder to certify annually that the holder has fired at least 30 rounds from at least one of the handguns qualified in the permit.
The bill preserves the current requirement that an applicant be 21 years of age or older to carry a handgun. The bill increases the fee to obtain the permit from $20 to $100.
