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Bill > A2758

NJ A2758

NJ A2758
Codifies regulations defining justifiable need to carry handgun.

summary

Introduced
02/01/2018
In Committee
05/21/2018
Crossed Over
03/26/2018
Passed
06/07/2018
Dead
Signed/Enacted/Adopted
06/13/2018

Introduced Session

2018-2019 Regular Session

Bill Summary

This bill codifies the definition of justifiable need to carry a handgun as set forth in the New Jersey Administrative Code. 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 a Superior Court judge in the county where they reside. Approval is contingent upon a person 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. The Department of Law and Public Safety has adopted an amendment to N.J.A.C.13:54-2.4 that added "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 revised regulation also specifies 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 or concern. Therefore, the revision to N.J.A.C.13:54-2.4, which expands 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. If enacted, the bill would negate this regulation.

AI Summary

This bill codifies the definition of "justifiable need" to carry a handgun in public as set forth in the New Jersey Administrative Code. Under current law, a private citizen must obtain a permit to carry a handgun, which requires approval from the local police chief and a Superior Court judge based on a demonstration of "justifiable need." This bill codifies the existing regulatory definition of "justifiable need" as the urgent necessity for self-protection, as evidenced by specific threats or previous attacks that demonstrate a special danger to the applicant's life that cannot be avoided by other means. The bill also notes that the Department of Law and Public Safety has adopted an amendment to expand the definition to include "serious threats" and the inability to avoid the danger by "reasonable" means, which the sponsor argues is inconsistent with the Legislature's intent to strictly limit who can carry a handgun outside the home.

Committee Categories

Budget and Finance, Justice

Sponsors (18)

Last Action

Approved P.L.2018, c.37. (on 06/13/2018)
(2 Companion Bills)

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