Obtaining a New Jersey Gun Carry Permit (Updated June 27, 2022)

On June 23, 2022, the United States Supreme Court issued a landmark Second Amendment decision in New York State Rifle & Pistol Association v. Bruen, effectively nullifying the legal effect of New York’s 1911 Sullivan Act.

The Sullivan Act required New York residents to obtain a license to carry a concealed firearm and to demonstrate “proper cause” or a “special need” to do so. General concerns for personal safety were deemed insufficient, and licensing officials were granted broad discretion in determining whether an applicant qualified.

In its majority opinion, authored by Justice Clarence Thomas, the Court rejected that framework and held that such discretionary “special need” requirements are unconstitutional. The decision establishes precedent that may affect the validity of similar firearm regulations in other jurisdictions.

Justice Thomas wrote:

“…the constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’”

He further explained:

“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need… That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.”

Following the decision, New Jersey Attorney General Matthew J. Platkin acknowledged the ruling, stating:

“…while the Supreme Court decision prevents New Jersey from continuing to require a demonstration of justifiable need in order to carry a handgun, it does not eliminate the enforcement of other permitting requirements under State law.”

As a result, the “special need” requirement was removed from New Jersey Revised Statutes, Title 2C — The New Jersey Code of Criminal Justice, Section 2C:58-4 (Permits to Carry Handguns).

Current New Jersey Statutory Standard

Under N.J.S.A. 2C:58-4(d), a court must issue a permit to carry a handgun if it is satisfied that the applicant:

“…is a person of good character who is not subject to any of the disabilities set forth in section 2C:58-3c.”

The criteria governing “good character” are set forth in N.J.S.A. 2C:58-3(c), which provides that no permit shall be issued to:

c. Who may obtain.
No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued:

(1) To any person convicted of a crime or a disorderly persons offense involving domestic violence;

(2) To any drug-dependent person, any person confined for a mental disorder, or any person who is presently an habitual drunkard;

(3) To any person suffering from a physical or mental condition rendering firearm handling unsafe, unless medical certification establishes recovery, or to any person who knowingly falsifies application information;

(4) To any person under 18 years of age for an FPIC or under 21 years of age for a handgun purchase permit;

(5) To any person where issuance would not be in the interest of public health, safety, or welfare;

(6) To any person subject to a restraining order under the Prevention of Domestic Violence Act of 1991 prohibiting firearm possession;

(7) To any person adjudicated delinquent as a juvenile for qualifying weapons-related offenses; or

(8) To any person whose firearm was seized pursuant to the Prevention of Domestic Violence Act and has not been returned.

Firearms Training and Safe Handling Requirements

The safe handling requirement is detailed in New Jersey Administrative Code 13:54-2.4(b) and may be satisfied by:

Completion of a firearms training course substantially equivalent to training approved by the Police Training Commission pursuant to N.J.S.A. 2C:39-6(j);

Submission of recent handgun qualification scores using the handgun(s) the applicant intends to carry, administered by a certified firearms instructor; or

Passage of a test on New Jersey use-of-force laws administered by a certified instructor.

How to Apply for a New Jersey Permit to Carry a Handgun

To apply, an applicant must:

Reside in New Jersey;

Apply through the municipal police department of residence.

If the applicant’s municipality is served by the New Jersey State Police, the application must be submitted to the appropriate State Police station. Out-of-state residents must apply through the State Police station nearest their geographic location.

Additional application guidance is available at:
https://nj.gov/njsp/firearms/firearms-faqs.shtml

Online application forms are available at:
https://nj.gov/njsp/firearms/forms.shtml

Application and Renewal Requirements

The steps to apply for or renew a permit include:

• Completion of a State of New Jersey Application for Permit to Carry a Handgun (in triplicate);
• Submission of three references known to the applicant for at least three years;
• Notarization of all original copies;
• Submission of four color passport-size photographs;
• Completion of a Consent for Mental Health Records Search (N.J.S.A. 30:4-24.3);
• Proof of handgun qualification and ownership from a certified instructor;
• A $50 money order payable to “Treasurer, State of New Jersey”;
• Armored car guard applications submitted to the appropriate State Police barracks.

Application Processing Time

A Police Chief or the Superintendent of State Police must review and either approve or deny the application within 60 days of filing. If no action is taken within that period, the application is deemed approved unless the applicant consents in writing to an extension.

If approved, the application is forwarded for final approval by a New Jersey Superior Court Judge.

What If My Application Is Denied?

Under N.J.S.A. 2C:58-4(e), an applicant denied a permit may request a hearing in the Superior Court of the county of residence. The request must be made in writing within 30 days of the denial and served upon the Superintendent of State Police, the County Prosecutor, and the local Chief of Police.

The court is required to hold a hearing within 30 days of receiving the request.