Current through Register Vol. 56, No. 18, September 16, 2024
(a) Every person
applying for a permit to carry a handgun shall furnish such information and
particulars as set forth in the application form designated SP 642. The application
shall be signed by the applicant under oath and shall be endorsed by three reputable
persons who have known the applicant for at least three years preceding the date of
application, and who shall also certify thereon that the applicant is a person of
good moral character and behavior. Applications can be obtained at police
departments and State Police stations.
(b) Each applicant shall demonstrate a thorough
familiarity with the safe handling and use of handguns by indicating in the space
provided therefor on the application form, and on any sworn attachments thereto, any
relevant information. Thorough familiarity with the safe handling and use of
handguns shall be evidenced by:
1. Completion of a
firearms training course substantially equivalent to the firearms training approved
by the Police Training Commission as described by N.J.S.A. 2C:39-6j;
2. Submission of an applicant's most recent
handgun qualification scores utilizing the handgun(s) he or she intends to carry as
evidenced by test firings administered by a certified firearms instructor of a
police academy, a certified firearms instructor of the National Rifle Association,
or any other recognized certified firearms instructor; or
3. Passage of any test in this State's laws
governing the use of force administered by a certified instructor of a police
academy, a certified instructor of the National Rifle Association, or any other
recognized certified instructor.
(c) The information in (b) above shall be
accompanied and validated by certifications of the appropriate
instructor(s).
(d) Each application form
shall also be accompanied by a written certification of justifiable need to carry a
handgun, which shall be under oath and which:
1.
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 to carry a handgun. Where possible, the applicant
shall corroborate the existence of any specific threats or previous attacks by
reference to reports of such incidents to the appropriate law enforcement agencies;
or
2. In the case of employees of
private detective agencies, armored car companies and private security companies,
that:
i. In the course of performing statutorily
authorized duties, the applicant is subject to a substantial threat of serious
bodily harm; and
ii. That carrying a
handgun by the applicant is necessary to reduce the threat of unjustifiable serious
bodily harm to any person.
(e) The completed application together with two
sets of the applicant's fingerprints and fees as established by N.J.A.C. 13:59 in
accordance with
N.J.S.A. 53:1-20.5 et
seq., four photographs (1 1/2 x 1 1/2 square), a consent for mental health records
search form designated S.P. 66, and a permit fee of $ 20.00 payable to the County
Clerk where the permit is to be issued shall be submitted to the chief police
officer of the municipality in which the applicant resides, or the Superintendent:
1. If there is no chief police officer in the
municipality where the applicant resides; or
2. If the applicant is a non-resident of this
State or if the applicant is an employee of an armored car company.
(f) An application for a permit to
carry a handgun shall be prioritized and be investigated on an expedited basis and
approved or disapproved without undue delay, within 14 days if possible, under the
following circumstances:
1. The applicant is a
private citizen who applies for a permit to purchase a handgun and/or a firearm
purchaser identification card contemporaneously with the application for a permit to
carry a handgun or who has previously obtained a handgun purchase permit from the
same licensing authority; and
i. Has been the
victim of an act of violence that resulted in the infliction of serious or
significant bodily injury, or was credibly threatened with an act of violence that
if carried out would result in the infliction of serious or significant bodily
injury, or subjected to an incident in which the actor was armed with and used a
deadly weapon or threatened by word or gesture to use a deadly weapon as defined in
N.J.S.A. 2C:11-1.c against
the applicant, and there is a substantial likelihood, based on the information
presented in the applicant's State of New Jersey Request for Expedited Firearms
Application form (S.P. 398), and any other information revealed in the investigation
of the application, that the applicant will in the foreseeable future be subjected
to another such incident; or
ii. Is
protected by a court order or under a condition imposed by the court restraining
another person from contact with the applicant, and there is a substantial
likelihood, based on the information presented in the applicant's State of New
Jersey Request for Expedited Firearms Application form and any other information
revealed in the investigation of the application, that the applicant will in the
foreseeable future be subjected to an act of violence that if carried out would
result in the infliction of serious or significant bodily injury, or be subjected to
an incident in which the actor is armed with and would use a deadly weapon or
threaten by word or gesture to use a deadly weapon as defined in
N.J.S.A. 2C:11-1.c against
the applicant;
2. An
applicant who meets the criteria in (f)1i or ii above shall be deemed to have
demonstrated justifiable need (as set forth in
N.J.A.C.
13:54-2.3(a)3); and
3. Approval of an expedited firearms application
request does not automatically denote approval for a permit to carry a handgun. All
applicants are subject to the provisions set forth in this chapter for final
approval and issuance of cards and permits.
