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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.


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Florida: House Passes Constitutional Carry

Friday, March 24, 2023

Florida: House Passes Constitutional Carry

Today, the House voted 76-32 to pass House Bill 543, the constitutional carry bill.

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

Biden’s Executive Order Targeting Gun Ownership

News  

Wednesday, March 15, 2023

Biden’s Executive Order Targeting Gun Ownership

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Florida: Senate’s Constitutional Carry Passes Committee

Thursday, March 9, 2023

Florida: Senate’s Constitutional Carry Passes Committee

Today, the Senate Fiscal Policy Committee voted 11-6 to approve Senate Bill 150, constitutional carry, with an amendment aligning the language with the House’s version. It will now go to the full Senate for further consideration.

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Wednesday, March 8, 2023

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Yesterday, March 7th, the Florida Legislature began the 2023 legislative session. Tomorrow, at 9:00AM, the Senate Fiscal Policy Committee will hear Senate Bill 150, the Senate’s constitutional carry bill.

Washington: Senate Committee Hearing California-Style Gun Ban & Waiting Period Bills

Friday, March 17, 2023

Washington: Senate Committee Hearing California-Style Gun Ban & Waiting Period Bills

On March 23rd, at 8:00AM, the Senate Committee on Law & Justice will hear House Bill 1240, a comprehensive gun ban bill, and House Bill 1143, to impose a waiting period and training mandate for acquiring ...

Michigan: House to Consider Requiring Firearms Be Made Unavailable for Self-Defense

Wednesday, March 22, 2023

Michigan: House to Consider Requiring Firearms Be Made Unavailable for Self-Defense

As early as tonight, the House may bring to the floor a bill package to impose a one-size-fits-all firearm storage requirement to make them unavailable for self-defense.

Michigan: Senate Sends Anti-Gun Bills to Governor

Thursday, March 23, 2023

Michigan: Senate Sends Anti-Gun Bills to Governor

Today, the Senate voted to concur with the House on Senate Bills 79, 80, 81, and 82, which the House passed last night, to impose a one-size-fits-all firearm storage requirement to make them unavailable for self-defense. 

Columnist thinks gun owners can be shamed out of their rights

News  

Monday, March 20, 2023

Columnist thinks gun owners can be shamed out of their rights

At least one of the joyless scolds that predominate in gun control circles thinks they’ve stumbled onto a novel anti-gun tactic. According to Colorado Newsline Editor Quentin Young, gun control supporters should try to shame gun ...

Florida: House Judiciary Passes Constitutional Carry

Tuesday, February 21, 2023

Florida: House Judiciary Passes Constitutional Carry

Today, the House Judiciary Committee voted 17-6 to advance House Bill 543, the constitutional carry bill. It will now go to the House floor for debate.

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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.