A1493 Revises procedures for securing a permit to carry a handgun.

[Rovero3 0]

A1493 Revises procedures for securing a permit to carry a handgun.

Law and Public Safety http://www.njleg.state.nj.us/2012/Bills/A1500/1493_I1.PDF

 

Carroll, Michael Patrick as Primary Sponsor

 

1/10/2012 Introduced, Referred to Assembly Law and Public Safety Committee

 

(Sponsorship Updated As Of: 10/12/2012)

ASSEMBLY, No. 1493

STATE OF NEW JERSEY

215th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

Sponsored by:

Assemblyman MICHAEL PATRICK CARROLL

District 25 (Morris and Somerset)

Assemblyman JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

Assemblywoman ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblymen Chiusano, A.M.Bucco, Rumana and Assemblywoman

Schepisi

SYNOPSIS

Revises procedures for securing a permit to carry a handgun.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

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EXPLANATION – Matter enclosed in bold-faced brackets

 

 

[thus] in the above bill is

not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

A

N ACT

concerning crime, supplementing ch 1 apter 58 of Title 2C of

2 the New Jersey Statutes, and amending N.J.S.2C:39-2,

3 N.J.S.2C:58-3 and N.J.S.2C:58-4.

4

5

BE IT ENACTED by the Senate and General Assembly of the State

6

of New Jersey:

7

8 1. (New section) This act shall be known and may be cited as

9 the "Citizens' Protection Act."

10

11 2. (New section) The Legislature finds that:

12

13

WHEREAS, The New Jersey Constitution provides that "all persons

14 are by nature free and independent, and have certain natural and

15 unalienable rights, among which are those of enjoying and

16 defending life and liberty, of acquiring, possessing, and

17 protecting property, and of pursuing and obtaining safety and

18 happiness"; and

19

WHEREAS, The Superior Court of New Jersey in 1978 ruled in

20 Wuethrich v. Delia, that no public entity can be held liable for

21 failure to provide police protection; and

22

WHEREAS, In 1994, 636 New Jersey residents were victims of car23

jackers and these 636 victims were unable to make the personal

24 choice to carry firearms for self-defense; and

25

WHEREAS, An analysis of the nation's 30 "right-to-carry" states has

26 demonstrated that only three to five percent of the population

27 actually obtain permits to carry a handgun, but 95 to 97 percent

28 of the population benefits because those individuals who exhibit

29 socially aberrant behavior do not know if their intended victim is

30 armed; and

31

WHEREAS, The "right-to-carry" is a significant deterrent to crime,

32 as indicated by the marked reduction in crime rates experienced

33 in those states which afford their law-abiding citizens the "right34

to-carry" compared to those states which do not; and

35

WHEREAS, Aggravated assaults, for example, are 19.4 percent

36 lower in "right-to-carry" states; as are robberies (38.4 percent

37 lower), homicides (37.9 percent lower), and handgun homicides

38 (41.1 percent lower); and

39

WHEREAS, In California, where the "right-to-carry" is permitted in

40 certain counties, a comparison of the crime rates in those

41 counties with those which do not permit their law-abiding

42 residents to carry handguns reveals lower crime rates in the

43 "right-to-carry" counties; and

44

WHEREAS, The State of Florida has experienced lower crime rates

45 since enacting its "right-to-carry" statute, as reflected in that

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state's 22 percent drop in homicides 1 and 29 percent reduction in

2 handgun homicides; and

3

WHEREAS, Cognizant of the unmistakable statistical evidence

4 affirming the significant impact the "right-to-carry" has had in

5 dramatically lowering crime rates in those states and

6 jurisdictions where law-abiding citizens are permitted to carry

7 handguns; and

8

WHEREAS, Recognizing the natural and unalienable rights accorded

9 the citizens of this State by the New Jersey Constitution to

10 defend their lives, protect their property, and pursue and obtain

11 their safety and happiness.

12 The Legislature, therefore, declares that it is altogether fitting

13 and proper, and within the public interest, to revise the statutes of

14 this State governing the issuance of permits to carry handguns by

15 enacting the provisions of this act, the "Crime Reduction Act," so

16 that the law-abiding citizens of this State may exercise their natural

17 and unalienable rights to provide for the defense, protection and

18 safety of their families, property, and themselves by carrying a

19 handgun, if they so choose.

20

21 3. N.J.S.2C:39-2 is amended to read as follows:

22 2C:39-2. Presumptions a. Possession of firearms, weapons,

23 destructive devices, silencers, or explosives in a vehicle. When a

24 firearm, weapon, destructive device, silencer, or explosive

25 described in this chapter is found in a vehicle, it is presumed to be

26 in the possession of the occupant if there is but one. If there is more

27 than one occupant in the vehicle, it shall be presumed to be in the

28 possession of all, except under the following circumstances:

29 (1) When it is found upon the person of one of the occupants, it

30 shall be presumed to be in the possession of that occupant alone;

31 (2) When the vehicle is not a stolen one and the weapon or other

32 instrument is found out of view in a glove compartment, trunk or

33 other enclosed customary depository, it shall be presumed to be in

34 the possession of the occupant or occupants who own or have

35 authority to operate the vehicle; and

36 (3) When the vehicle is a taxicab and a weapon or other

37 instrument is found in the passenger's portion of the vehicle, it shall

38 be presumed to be in the possession of all the passengers, if there

39 are any, and if not, in the possession of the driver.

40 b.

[Licenses and permits. When the legality of a person's

41 conduct under this chapter depends on his possession of a license or

42 permit or on his having registered with or given notice to a

43 particular person or agency, it shall be presumed that he does not

44 possess such a license or permit or has not registered or given the

45 required notice, until he establishes the contrary.

] (Deleted by

46 amendment, P.L. c. )

47 (cf: P.L.1979,c.179,s.1)

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4. N.J.S.2C:58-1 3 is amended to read as follows:

2 2C:58-3. Purchase of Firearms.

3 a. Permit to purchase a handgun. No person shall sell, give,

4 transfer, assign or otherwise dispose of, nor receive, purchase, or

5 otherwise acquire a handgun unless the purchaser, assignee, donee,

6 receiver or holder is licensed as a dealer under this chapter or has

7 first secured a permit to purchase a handgun as provided by this

8 section.

9 b. Firearms purchaser identification card. No person shall sell,

10 give, transfer, assign or otherwise dispose of nor receive, purchase

11 or otherwise acquire an antique cannon or a rifle or shotgun, other

12 than an antique rifle or shotgun, unless the purchaser, assignee,

13 donee, receiver or holder is licensed as a dealer under this chapter

14 or possesses a valid firearms purchaser identification card, and first

15 exhibits said card to the seller, donor, transferor or assignor, and

16 unless the purchaser, assignee, donee, receiver or holder signs a

17 written certification, on a form prescribed by the superintendent,

18 which shall indicate that he presently complies with the

19 requirements of subsection c. of this section and shall contain his

20 name, address and firearms purchaser identification card number or

21 dealer's registration number. The said certification shall be retained

22 by the seller, as provided in section 2C:58-2a., or, in the case of a

23 person who is not a dealer, it may be filed with the chief of police

24 of the municipality in which he resides or with the superintendent.

25 c. Who may obtain. No person of good character and good

26 repute in the community in which he lives, and who is not subject to

27 any of the disabilities set forth in this section or other sections of

28 this chapter, shall be denied a permit to purchase a handgun or a

29 firearms purchaser identification card, except as hereinafter set

30 forth. No handgun purchase permit or firearms purchaser

31 identification card shall be issued:

32 (1) To any person who has been convicted of any crime, or a

33 disorderly persons offense involving an act of domestic violence as

34 defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or

35 not armed with or possessing a weapon at the time of such offense;

36 (2) To any drug dependent person as defined in section 2 of

37 P.L.1970, c.226 (C.24:21-2), to any person who is confined for a

38 mental disorder to a hospital, mental institution or sanitarium, or to

39 any person who is presently an habitual drunkard;

40 (3) To any person who suffers from a physical defect or disease

41 which would make it unsafe for him to handle firearms, to any

42 person who has ever been confined for a mental disorder, or to any

43 alcoholic unless any of the foregoing persons produces a certificate

44 of a medical doctor or psychiatrist licensed in New Jersey, or other

45 satisfactory proof, that he is no longer suffering from that particular

46 disability in such a manner that would interfere with or handicap

47 him in the handling of firearms; to any person who knowingly

48 falsifies any information on the application form for a handgun

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purchase permit or firearms 1 purchaser identification card;

2 (4) To any person under the age of 18 years for a firearms

3 purchaser identification card and to any person under the age of 21

4 years for a permit to purchase a handgun;

5 (5)

[To any person where the issuance would not be in the

6 interest of the public health, safety or welfare;

] (Deleted by

7 amendment, P.L. , c. ).

8 (6) To any person who is subject to a restraining order issued

9 pursuant to the "Prevention of Domestic Violence Act of 1991,"

10 P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from

11 possessing any firearm;

12 (7) To any person who as a juvenile was adjudicated delinquent

13 for an offense which, if committed by an adult, would constitute a

14 crime and the offense involved the unlawful use or possession of a

15 weapon, explosive or destructive device or is enumerated in

16 subsection d. of section 2 of P.L.1997, c.117 (C:2C:43-7.2); or

17 (8) To any person whose firearm is seized pursuant to the

18 "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261

19 (C.2C:25-17 et seq.) and whose firearm has not been returned.

20 d. Issuance. The chief of police of an organized full-time police

21 department of the municipality where the applicant resides or the

22 superintendent, in all other cases, shall upon application, issue to

23 any person qualified under the provisions of subsection c. of this

24 section a permit to purchase a handgun or a firearms purchaser

25 identification card.

26 Any person aggrieved by the denial of a permit or identification

27 card may request a hearing in the Superior Court of the county in

28 which he resides if he is a resident of New Jersey or in the Superior

29 Court of the county in which his application was filed if he is a

30 nonresident. The request for a hearing shall be made in writing

31 within 30 days of the denial of the application for a permit or

32 identification card. The applicant shall serve a copy of his request

33 for a hearing upon the chief of police of the municipality in which

34 he resides, if he is a resident of New Jersey, and upon the

35 superintendent in all cases. The hearing shall be held and a record

36 made thereof within 30 days of the receipt of the application for

37 such hearing by the judge of the Superior Court. No formal

38 pleading and no filing fee shall be required as a preliminary to such

39 hearing. Appeals from the results of such hearing shall be in

40 accordance with law.

41 e. Applications. Applications for permits to purchase a handgun

42 and for firearms purchaser identification cards shall be in the form

43 prescribed by the superintendent and shall set forth the name,

44 residence, place of business, age, date of birth, occupation, sex and

45 physical description, including distinguishing physical

46 characteristics, if any, of the applicant, and shall state whether the

47 applicant is a citizen, whether he is an alcoholic, habitual drunkard,

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drug dependent person as defined 1 in section 2 of P.L.1970, c.226

2 (C.24:21-2), whether he has ever been confined or committed to a

3 mental institution or hospital for treatment or observation of a

4 mental or psychiatric condition on a temporary, interim or

5 permanent basis, giving the name and location of the institution or

6 hospital and the dates of such confinement or commitment, whether

7 he has been attended, treated or observed by any doctor or

8 psychiatrist or at any hospital or mental institution on an inpatient

9 or outpatient basis for any mental or psychiatric condition, giving

10 the name and location of the doctor, psychiatrist, hospital or

11 institution and the dates of such occurrence, whether he presently or

12 ever has been a member of any organization which advocates or

13 approves the commission of acts of force and violence to overthrow

14 the Government of the United States or of this State, or which seeks

15 to deny others their rights under the Constitution of either the

16 United States or the State of New Jersey, whether he has ever been

17 convicted of a crime or disorderly persons offense, whether the

18 person is subject to a restraining order issued pursuant to the

19 "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261

20 (C.2C:25-17 et. seq.) prohibiting the person from possessing any

21 firearm, and such other information as the superintendent shall

22 deem necessary for the proper enforcement of this chapter. For the

23 purpose of complying with this subsection, the applicant shall

24 waive any statutory or other right of confidentiality relating to

25 institutional confinement. The application shall be signed by the

26 applicant and shall contain as references the names and addresses of

27 two reputable citizens personally acquainted with him.

28 Application blanks shall be obtainable from the superintendent,

29 from any other officer authorized to grant such permit or

30 identification card, and from licensed retail dealers.

31 The chief police officer or the superintendent shall obtain the

32 fingerprints of the applicant and shall have them compared with any

33 and all records of fingerprints in the municipality and county in

34 which the applicant resides and also the records of the State Bureau

35 of Identification and the Federal Bureau of Investigation, provided

36 that an applicant for a handgun purchase permit who possesses a

37 valid firearms purchaser identification card, or who has previously

38 obtained a handgun purchase permit from the same licensing

39 authority for which he was previously fingerprinted, and who

40 provides other reasonably satisfactory proof of his identity, need not

41 be fingerprinted again; however, the chief police officer or the

42 superintendent shall proceed to investigate the application to

43 determine whether or not the applicant has become subject to any of

44 the disabilities set forth in this chapter.

45 f. Granting of permit or identification card; fee; term; renewal;

46 revocation. The application for the permit to purchase a handgun

47 together with a fee of $2.00, or the application for the firearms

48 purchaser identification card together with a fee of $5.00, shall be

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delivered or forwarded to the licensing 1 authority who shall

2 investigate the same and, unless good cause for the denial thereof

3 appears, shall grant the permit or the identification card, or both, if

4 application has been made therefor, within 30 days from the date of

5 receipt of the application for residents of this State and within 45

6 days for nonresident applicants. A permit to purchase a handgun

7 shall be valid for a period of 90 days from the date of issuance and

8 may be renewed by the issuing authority for good cause for an

9 additional 90 days. A firearms purchaser identification card shall

10 be valid until such time as the holder becomes subject to any of the

11 disabilities set forth in subsection c. of this section, whereupon the

12 card shall be void and shall be returned within five days by the

13 holder to the superintendent, who shall then advise the licensing

14 authority. Failure of the holder to return the firearms purchaser

15 identification card to the superintendent within the said five days

16 shall be an offense under section 2C:39-10a. Any firearms

17 purchaser identification card may be revoked by the Superior Court

18 of the county wherein the card was issued, after hearing upon

19 notice, upon a finding that the holder thereof no longer qualifies for

20 the issuance of such permit. The county prosecutor of any county,

21 the chief police officer of any municipality or any citizen may apply

22 to such court at any time for the revocation of such card.

23 There shall be no conditions or requirements added to the form

24 or content of the application, or required by the licensing authority

25 for the issuance of a permit or identification card, other than those

26 that are specifically set forth in this chapter.

27 g. Disposition of fees. All fees for permits shall be paid to the

28 State Treasury if the permit is issued by the superintendent, to the

29 municipality if issued by the chief of police, and to the county

30 treasurer if issued by the judge of the Superior Court.

31 h. Form of permit; quadruplicate; disposition of copies. The

32 permit shall be in the form prescribed by the superintendent and

33 shall be issued to the applicant in quadruplicate. Prior to the time

34 he receives the handgun from the seller, the applicant shall deliver

35 to the seller the permit in quadruplicate and the seller shall

36 complete all of the information required on the form. Within five

37 days of the date of the sale, the seller shall forward the original

38 copy to the superintendent and the second copy to the chief of

39 police of the municipality in which the purchaser resides, except

40 that in a municipality having no chief of police, such copy shall be

41 forwarded to the superintendent. The third copy shall then be

42 returned to the purchaser with the pistol or revolver and the fourth

43 copy shall be kept by the seller as a permanent record.

44 i. Restriction on number of firearms person may purchase. Only

45 one handgun shall be purchased or delivered on each permit, but a

46 person shall not be restricted as to the number of rifles or shotguns

47 he may purchase, provided he possesses a valid firearms purchaser

48 identification card and provided further that he signs the

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certification required in subsection 1 b. of this section for each

2 transaction.

3 j. Firearms passing to heirs or legatees. Notwithstanding any

4 other provision of this section concerning the transfer, receipt or

5 acquisition of a firearm, a permit to purchase or a firearms

6 purchaser identification card shall not be required for the passing of

7 a firearm upon the death of an owner thereof to his heir or legatee,

8 whether the same be by testamentary bequest or by the laws of

9 intestacy. The person who shall so receive, or acquire said firearm

10 shall, however, be subject to all other provisions of this chapter. If

11 the heir or legatee of such firearm does not qualify to possess or

12 carry it, he may retain ownership of the firearm for the purpose of

13 sale for a period not exceeding 180 days, or for such further limited

14 period as may be approved by the chief law enforcement officer of

15 the municipality in which the heir or legatee resides or the

16 superintendent, provided that such firearm is in the custody of the

17 chief law enforcement officer of the municipality or the

18 superintendent during such period.

19 k. Sawed-off shotguns. Nothing in this section shall be

20 construed to authorize the purchase or possession of any sawed-off

21 shotgun.

22 l. Nothing in this section and in N.J.S.2C:58-2 shall apply to the

23 sale or purchase of a visual distress signalling device approved by

24 the United States Coast Guard, solely for possession on a private or

25 commercial aircraft or any boat; provided, however, that no person

26 under the age of 18 years shall purchase nor shall any person sell to

27 a person under the age of 18 years such a visual distress signalling

28 device.

29 (cf: P.L.2003, c.277, s.4)

30

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

32 2C:58-4. Permits to carry handguns a. Scope and duration of

33 authority. Any person who holds a valid permit to carry a handgun

34 issued pursuant to this section shall be authorized to carry a

35 handgun in all parts of this State, except as prohibited by section

36 2C:39-5e. One permit shall be sufficient for all handguns owned or

37 possessed by the holder thereof, but the permit shall apply only to a

38 handgun carried by the actual and legal holder of the permit.

39 All permits to carry handguns shall expire

[2] 5 years from the

40 date of issuance

[or, in the case of an employee of an armored car

41 company, upon termination of his employment by the company

42 occurring prior thereto whichever is earlier in time,

] and they may

43 thereafter be renewed every

[2] 5 years in the same manner and

44 subject to the same conditions as in the case of original

45 applications.

46 b. Application forms. All applications for permits to carry

47 handguns, and all applications for renewal of such permits, shall be

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made on the forms pr 1 escribed by the superintendent. Each

2 application shall set forth the full name, date of birth, sex,

3 residence, occupation, place of business or employment, and

4 physical description of the applicant

[, and such other information

5 as the superintendent may prescribe for the determination of the

6 applicant's eligibility for a permit and for the proper enforcement of

7 this chapter

]. To demonstrate completion of the requirement in

8 paragraph (6) of subsection d. of this section, the applicant shall

9 attach to the application a photocopy of a certificate of completion

10 of the course or class; an affidavit from the instructor, school, club,

11 organization, or group that conducted or taught the course or class

12 attesting to the completion of the course or class by the applicant;

13 or a copy of any document which shows completion. The applicant

14 shall provide two frontal view photographs of himself. The

15 photographs shall have been taken within the preceding 30 days

16 and shall be of a size and style specified by the superintendent.

17 The application shall be signed by the applicant

[under oath, and

18 shall be indorsed by three reputable persons who have known the

19 applicant for at least 3 years preceding the date of application, and

20 who shall certify thereon that the applicant is a person of good

21 moral character and behavior

], who shall attest under penalty of

22 perjury that all of the statements thereon are true. The

23 superintendent shall not add any requirements to the application

24 which are not specifically authorized in this subsection.

25 c. Investigation and approval. Each application shall in the first

26 instance be submitted to the chief police officer of the municipality

27 in which the applicant resides, or to the superintendent,

[(1) if the

28 applicant is an employee of an armored car company, or (2)

] if

29 there is no chief police officer in the municipality where the

30 applicant resides

[, ] or [(3)] if the applicant does not reside in this

31 State. The chief police officer, or the superintendent, as the case

32 may be, shall cause the fingerprints of the applicant to be taken and

33 compared with any and all records maintained by the municipality,

34 the county in which it is located, the State Bureau of Identification

35 and the Federal Bureau of Identification.

[He shall also determine

36 and record a complete description of each handgun the applicant

37 intends to carry

] The permit may not specifically identify a

38 handgun by make, model or serial number.

39 No application shall be approved by the chief police officer or

40 the superintendent

[unless the applicant demonstrates that he is

41 not

] if the applicant is subject to any of the disabilities set forth in

42 N.J.S.2C:58-3c.,

[ that he is thoroughly familiar with the safe

43 handling and use of handguns, and that he has a justifiable need to

44 carry a handgun

] which would prohibit the applicant from

45 obtaining a firearms purchaser identification card or a permit to

46 purchase a handgun, or if he does not meet the additional

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requirements set forth in subsection 1 d. of this section. If the

2 application is not approved by the chief police officer or the

3 superintendent within 60 days of filing, it shall be deemed to have

4 been approved, unless the applicant agrees to an extension of time

5 in writing. If the application is approved by the chief police officer

6 or the superintendent, as the case may be, the applicant shall at the

7 time of issuance pay a fee of $20 for the five year permit. The fee

8 for renewal of the five year permit shall be $20.

9 d.

[Issuance by Superior Court; fee. If the application has been

10 approved by the chief police officer or the superintendent, as the

11 case may be, the applicant shall forthwith present it to the Superior

12 Court of the county in which the applicant resides, or to the

13 Superior Court in any county where he intends to carry a handgun,

14 in the case of a nonresident or employee of an armored car

15 company. The court shall issue the permit to the applicant if, but

16 only if, it is satisfied that the applicant is a person of good character

17 who is not subject to any of the disabilities set forth in section

18 2C:58-3c., that he is thoroughly familiar with the safe handling and

19 use of handguns, and that he has a justifiable need to carry a

20 handgun. The court may at its discretion issue a limited-type

21 permit which would restrict the applicant as to the types of

22 handguns he may carry and where and for what purposes such

23 handguns may be carried. At the time of issuance, the applicant

24 shall pay to the county clerk of the county where the permit was

25 issued a permit fee of $20.00.

] Requirements for the issuance of a

26 permit. A permit to carry a handgun shall be issued by the chief

27 police officer of the municipality in which the applicant resides or

28 the superintendent, as the case may be, if the applicant is not

29 subject to any of the disabilities set forth in subsection c. of

30 N.J.S.2C:58-3 and if the following additional requirements are

31 satisfied:

32 (1) The applicant is a citizen of the United States.

33 (2) The applicant is 21 years of age or older.

34 (3) The applicant has not been found guilty of a crime under the

35 provisions of N.J.S.2C:35-1 et seq. or the similar laws of any other

36 state concerning controlled substances within a five year period

37 immediately preceding the date on which the application is

38 submitted.

39 (4) The applicant does not chronically and habitually use

40 alcoholic beverages or other substances to the extent that his normal

41 faculties are impaired. It shall be presumed that an applicant

42 chronically and habitually uses alcoholic beverages or other

43 substances to the extent that his normal faculties are impaired if the

44 applicant has been placed in a rehabilitation program or committed

45 under N.J.S.2C:35-14, has been treated as an alcoholic at a facility

46 under P.L.1975, c.453 (C.26:2B-7 et seq.), or has had one or more

47 convictions or refusals to submit to chemical tests under R.S.39:4-

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50 or section 2 of P.L.1981, c.512 (C.1 39:4-50.4a) or a similar law of

2 any other state within the five year period immediately preceding

3 the date on which the application is submitted.

4 (5) The applicant has not, in the past, suffered from a physical

5 defect or disease which would make it unsafe for him to handle

6 firearms, been confined for a mental disorder or been an alcoholic,

7 unless the applicant produces a certificate of a medical doctor or

8 psychiatrist licensed in New Jersey, or other satisfactory proof, that

9 the applicant has not suffered from the aforementioned disability

10 for a period of five years.

11 (6) The applicant demonstrates competence with a firearm by

12 any one of the following: completion of any National Rifle

13 Association firearms safety or training course; completion of any

14 firearms safety or training course or class available to the general

15 public offered by a law enforcement organization, junior college,

16 college, university, or firearms training school; completion of any

17 law enforcement firearms safety or training course or class offered

18 for security guards, investigators, special deputies, or any division

19 or subdivision of law enforcement or security enforcement; presents

20 evidence of equivalent experience with a firearm through military

21 service; or is licensed or has been licensed to carry a firearm in this

22 State pursuant to N.J.S.2C:58-4, unless such license has been

23 revoked for cause. For the purposes of this subsection, a firearms

24 safety or training course or class shall consist of at least eight

25 program hours. Evidence of qualification under this paragraph shall

26 include: a photocopy of a certificate of completion of the course or

27 class; an affidavit from the instructor, school, club, organization, or

28 group that conducted or taught the course or class attesting to the

29 completion of the course or class by the applicant; or a copy of any

30 document which shows completion of the course or class.

31 e. Appeals from denial of applications. Any person aggrieved

32 by the denial by the chief police officer or the superintendent of

33 approval for a permit to carry a handgun may request a hearing in

34 the Superior Court of the county in which he resides, the county in

35 which his business is located, in the case of a nonresident who

36 maintains a place of business in this State, or in any county in

37 which he intends to carry a handgun, in the case of a nonresident

38 who is required to carry a handgun as a condition of employment,

39 by filing a written request for such a hearing within 30 days of the

40 denial. Copies of the request shall be served upon the

41 superintendent, the county prosecutor and the chief police officer of

42 the municipality where the applicant resides, if he is a resident of

43 this State. The hearing shall be held within 30 days of the filing of

44 the request, and no formal pleading or filing fee shall be required.

45 Appeals from the determination at such a hearing shall be in

46 accordance with law and the rules governing the courts of this State.

47

[If the superintendent or chief police officer approves an

48 application and the Superior Court denies the application and

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refuses to issue a permit, the appl 1 icant may appeal such denial in

2 accordance with law and the rules governing the courts of this

3 State.

]

4 f. Revocation of permits. Any permit issued under this section

5 shall be void at such time as the holder thereof becomes subject to

6 any of the disabilities set forth in

[section] N.J.S.2C:58-3c[.] or

7 fails to comply with the additional requirements set forth in

8 subsection d. of this section, and the holder of such a void permit

9 shall immediately surrender the permit to the superintendent who

10 shall give notice to the licensing authority.

11 Any permit may be revoked by the Superior Court, after hearing

12 upon notice to the holder, if the court finds that the holder is no

13 longer qualified for the issuance of such a permit. The county

14 prosecutor of any county, the chief police officer of any

15 municipality, the superintendent or any citizen may apply to the

16 court at any time for the revocation of any permit issued pursuant to

17 this section.

18 (cf: P.L.1981, c.135, s.1)

19

20 6. This act shall take effect on the first day of the second month

21 following enactment.

22

23

24 STATEMENT

25

26 This bill, the "Citizens' Protection Act," revises and simplifies

27 the procedures for securing a permit to carry a handgun in the State

28 of New Jersey.

29 Under the provisions of the bill, an applicant for a permit to

30 carry a handgun would be entitled to that permit so long as he can

31 demonstrate competence with a firearm and is not statutorily

32 disqualified. To demonstrate that competence, the applicant would

33 be required to include, as part of his application for the permit, a

34 copy indicating his successful completion of a firearms safety or

35 training course or class offered by a law enforcement agency, an

36 educational institution, the military, or the National Rifle

37 Association. An applicant who holds a permit to carry is deemed

38 competent and need not submit such evidence.

39 Among the disqualifications set forth in the bill are the statutory

40 disabilities which currently prohibit an individual from obtaining

41 either a permit to purchase a handgun or a firearms purchaser

42 identification card: a crime involving controlled substances; a

43 condition involving chronic and habitual alcoholic or drug abuse;

44 or some other physical or mental condition or disease which would

45 make it unsafe for the individual to obtain a permit to carry a

46 handgun.

47 The bill also extends the term during which a permit to carry

A1493

 

CARROLL, DIMAIO

13

remains valid. At present, a permit to carry 1 remains valid for two

2 years; under this bill, a permit would be valid for five years.

3 Finally, the bill deletes subsection b. of N.J.S.2C:39-2 which

4 provided that with regard to any firearm permit or license, an

5 individual was deemed to be in violation of the law "until he

6 establishes the contrary." This approach is inconsistent with

7 traditional American legal jurisprudence and, therefore, should be

8 ended.

9 In its current form, the law governing the issuance of permits to

10 carry a handgun requires an applicant to demonstrate to the

11 Superior Court a "justifiable need" in order to obtain a such permit.

12 The court's interpretation of what constitutes a "justifiable need"

13 makes it virtually impossible for citizens of New Jersey to obtain

14 permits to carry.

15 The "right-to-carry" can serve as a significant deterrent to crime.

16 An analysis of the nation's 30 "right-to-carry" states has revealed a

17 significant reduction in crime in those states compared with the

18 national average. For example, aggravated assaults are 19.4 percent

19 lower in "right-to-carry" states; robbery is 38.4 percent lower;

20 homicide is 37.9 percent lower; and handgun homicide is 41.1

21 percent lower. In California, where the "right-to-carry" is permitted

22 in certain counties, a comparison of the crime rates in those

23 counties with those which do not permit their residents to carry

24 reveals lower crime rates in the "right-to-carry" counties. Similarly,

25 Florida has experienced lower crime rates since enacting its "right26

to-carry" statute. The homicide rate in Florida has dropped 22

27 percent; the handgun homicide rate is down 29 percent. Finally,

28 even convicted robbers have indicated that if they suspected that a

29 potential victim might be armed they would probably look for

30 someone else to rob.

[Bully 749]

Kinda makes my eyeballs bleed.

 

Anyone want to 'splain?

 

C

[Dan 177]

Yup, I have already written to the members of the Law and Public Safety committee last year about this. Not like it matters since they are 99% rabid anti-gun/freedom/liberty/2A, etc.

 

It will sit and rot there as far as they are concerned. The only time this may see daylight is if we win our pending case with the final level of the federal court of appeals, and NJ is forced to enact a fair CCW law within a certain time frame. Similar to what is happening in Illinois right now.

[scohen2002 0]

It's a very very well written proposed change in law to enable concealed carry for regular folk in NJ. Tons of factual evidence to support the drops in crime in states and counties that allow it vs those that don't. I will dream and pray for this to pass.

[Pythagoras 2]

Will it even make it out committee?

[djg0770 481]

It's a very very well written proposed change in law to enable concealed carry for regular folk in NJ. Tons of factual evidence to support the drops in crime in states and counties that allow it vs those that don't.

 

Logic is not applicable here. Your magic has no power over NJ politicians.

[Dan 177]

It will not make it out of the current NJ LPS committee , unless forced to by the courts. NJ will never willingly pass fair and "common sense" CCW laws without kicking and screaming all the way.

[Rovero3 0]

New Jersey Right To Carry [Petition]

http://www.change.org/petitions/new-jersey-right-to-carry#share

 

How can we contribute to speed along the Supreme Court appeal?

[Bob2222 317]

Will it even make it out committee?

 

No.

 

At least not during the 2012-2013 NJ legislative session. For the 2014-2015 legislative session? Realistically, no.

 

For a New Jersey resident to carry legally, it would take either a Supreme Court ruling. Or a move to Pennsylvania.

[Old Glock guy 1,127]

It will not make it out of the current NJ LPS committee , unless forced to by the courts. NJ will never willingly pass fair and "common sense" CCW laws without kicking and screaming all the way.

 

Amen to that (sadly).

[mcbethr 42]

It will not make it out of the current NJ LPS committee , unless forced to by the courts. NJ will never willingly pass fair and "common sense" CCW laws without kicking and screaming all the way.

 

I disagree... a little. I've said it before, but sadly, it will take a Susan Hupp type incident for this to happen. You will need a white woman who is easy on the eyes, a gun owner and a professional such as a doctor or a lawyer. She will have to lose her children in a carjacking or a story that is similarly awful. She will have to run for Assembly and win and become such a vocal poster girl for a woman's right to carry that the suburban women of NJ can't help to sympathies with her "if only I had my .38 snub in the car with me my kids would still be alive" story.

 

But baring an incident like that, which will be a tragedy in its own right, we will have to have a major mindset shift to get any legislative traction without judicial intervention.

[Metalflames 0]

I disagree... a little. I've said it before, but sadly, it will take a Susan Hupp type incident for this to happen. You will need a white woman who is easy on the eyes, a gun owner and a professional such as a doctor or a lawyer. She will have to lose her children in a carjacking or a story that is similarly awful. She will have to run for Assembly and win and become such a vocal poster girl for a woman's right to carry that the suburban women of NJ can't help to sympathies with her "if only I had my .38 snub in the car with me my kids would still be alive" story.

 

But baring an incident like that, which will be a tragedy in its own right, we will have to have a major mindset shift to get any legislative traction without judicial intervention.

It's sad but you are absolutely right.

[Cold Steel 0]

I can't understand why our buddy, Charles Mainor, hasn't rushed to push this to the full Assembly for a vote. As long as the Dems control things in this state we will get nothing...nothing....nothing. (except screwed)

[Albanian 121]

I'd almost compromise a mag limit to ten for a shall issue conceal carry NJ.... almost.

[Damjan 73]

I'd almost compromise a mag limit to ten for a shall issue conceal carry NJ.... almost.

 

What s an almost compromise ?

[Albanian 121]

What s an almost compromise ?

 

Idk I'm tired lol

 

I basically meant I am almost willing to make a real compromise. Give us shall issue laws, and we trade 15 round mag laws for 10 round mag laws...

 

but no, no compromises, they have taken too much from us. They owe us shall issue.

[Damjan 73]

 

 

Idk I'm tired lol

 

I basically meant I am almost willing to make a real compromise. Give us shall issue laws, and we trade 15 round mag laws for 10 round mag laws...

 

but no, no compromises, they have taken too much from us. They owe us shall issue.

 

Some members have stated the same, that they ll accept 10 for a CCW right in NJ.

Was just wondering what an almost compromise was to you

 

Anyway i think we re far off from even doing a deal.....give us ccw and the limit will be 10........

 

 

[Damjan 73]

.......and no way in hell that i am compromising on anything with the clowns in the legialture.........

 

......they ve made boogie man out of law abiding folk so they can tell their sheep that the streets will be safer.......

 

 

.....will write letters to my representatives and ask the to support this bill.....once i read through the whole thing...

[Albanian 121]

I agree, in the end they owe us, we cannot comprimise because all they will do is take more.

[Wile E Coyote 0]

I'd compromise "shall issue" for a 10 round mag, as long as it exempted FPID, CCW permit holders, and possession in the home/transport to the range. Unlawful possession/carry of a weapon with a 11+ round magazine in public gets you an additional charge. It'll never happen seeing as it would be "common sense legislation" that target's Mr. Mainor's constituents "unfairly."

[quikz 34]

NO COMPROMISE.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[mcbethr 42]

I'd almost compromise a mag limit to ten for a shall issue conceal carry NJ.... almost.

 

You know. I think it's okay to let blacks vote if only they didn't let all of the blacks vote. Just let the lighter-skinned ones vote. We aren't saying that all blacks can't vote. Only some blacks... Sounds pretty absurd doesn't it?

 

I want all my rights. No compromise.

[Pythagoras 2]

You know. I think it's okay to let blacks vote if only they didn't let all of the blacks vote. Just let the lighter-skinned ones vote. We aren't saying that all blacks can't vote. Only some blacks... Sounds pretty absurd doesn't it?

 

I want all my rights. No compromise.

 

Me too.

[ryan_j 0]

You know. I think it's okay to let blacks vote if only they didn't let all of the blacks vote. Just let the lighter-skinned ones vote. We aren't saying that all blacks can't vote. Only some blacks... Sounds pretty absurd doesn't it?

 

I want all my rights. No compromise.

 

What if only the poll workers have the right to vote, because they're determined to be qualified to handle ballots in public? That's pretty much what we have now.

[bzer1 15]

I'd compromise...Here it is...You stop violating my 2nd amendment rights and shut up, and I'll continue to be a good and productive citizen. See? a win win...

[Pythagoras 2]

I'd compromise...Here it is...You stop violating my 2nd amendment rights and shut up, and I'll continue to be a good and productive citizen. See? a win win...

 

+1