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Bill > A3689

NJ A3689

NJ A3689
Codifies regulations defining justifiable need to carry handgun.

summary

Introduced
05/19/2016
In Committee
06/20/2016
Crossed Over
06/16/2016
Passed
06/27/2016
Dead

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill codifies the definition of justifiable need to carry a handgun as set forth in N.J.A.C.13:54-2.4. Under current law, in order to lawfully carry a handgun in public it is necessary for a private citizen to obtain a permit to carry a handgun. Applicants for a permit to carry a handgun need the approval of the chief of police in the municipality where they reside and the approval of the Superior Court judge in the county where they reside. Approval is contingent upon an applicant submitting, with an application, a written certification establishing justifiable need. Under current regulations (N.J.A.C.13:54-2.4), 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. This bill codifies this definition in statute. Proposed amendments to N.J.A.C.13:54-2.4 add "serious threats" to the circumstances that could demonstrate a special danger to the applicant's life that could be specified in the written certification of justifiable need. In addition, the proposed amendments also specify that a permit to carry a handgun can be issued based on a special danger to the applicant's life that cannot be avoided by other "reasonable" means. According to the sponsor, current law and judicial interpretations of the justifiable need standard clearly require demonstration of an urgent necessity for protection from a specific threat to one's life rather than a mere generalized fear of concern. Therefore, the proposed amendment to N.J.A.C.13:54-2.4 expanding the scope of the right to carry well beyond that authorized under current law and judicial interpretation is inconsistent with the Legislature's intent to strictly limit who carries a handgun outside the home in this State.

AI Summary

This bill codifies the definition of "justifiable need" to carry a handgun in public in New Jersey. Under current law, in order to obtain a permit to carry a handgun, an applicant must demonstrate a "justifiable need" for self-protection, as evidenced by specific threats or previous attacks. This bill codifies this definition in statute and also allows "serious threats" to be considered as part of demonstrating a justifiable need. The bill specifies that a permit can be issued based on a special danger to the applicant's life that cannot be avoided by other "reasonable" means. The sponsor argues that the proposed amendments to expand the scope of the right to carry a handgun beyond the current legal standard are inconsistent with the Legislature's intent to strictly limit who can carry a handgun outside the home in New Jersey.

Committee Categories

Justice

Sponsors (8)

Last Action

Conditional Veto, Received in the Assembly (on 09/08/2016)
(1 Companion Bills)

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