Question 1

What happened in the State v. Glover case in New Jersey?

Accepted Answer

In State v. Glover, the New Jersey Appellate Division issued a 32-page ruling on March 19, 2026 addressing constitutional challenges to two firearm-related charges against a 19-year-old defendant. The panel reinstated the fourth-degree charge under N.J.S.A. 2C:58-6.1 for handgun possession by someone under 21, which the trial court had previously dismissed. The Appellate Division also upheld the second-degree unlawful possession charge under N.J.S.A. 2C:39-5(b)(1), finding the defendant lacked standing to challenge the permit requirement because he had never applied for a permit. The decision strengthens the state's authority to enforce both age-based handgun restrictions and licensing requirements following the U.S. Supreme Court's Bruen ruling.

Question 2

Can a defendant challenge New Jersey's handgun permit law if they never applied for a permit?

Accepted Answer

Generally, no. The Appellate Division in State v. Glover relied on the standing doctrine established in State v. Wade, which holds that a defendant cannot contest the constitutionality of New Jersey's permit requirement unless they have personally applied for and been denied a permit. Without a denial, a defendant cannot demonstrate the personal injury required to bring a constitutional challenge. As a result, defendants charged under N.J.S.A. 2C:39-5(b)(1) who never sought a permit typically cannot raise Second Amendment challenges to the law itself. Defense efforts in these cases usually focus on factors such as actual possession, knowledge, the legality of police searches, and exceptions under the statute.

Question 3

Are adults between 18 and 20 years old protected by the Second Amendment in New Jersey?

Accepted Answer

Yes, but with significant limitations. The Appellate Division in State v. Glover acknowledged that 18-to-20-year-olds are legal adults under New Jersey law and fall within 'the people' protected by the Second and Fourteenth Amendments. However, the court applied the historical analysis required by New York State Rifle & Pistol Association v. Bruen and concluded that when the Second Amendment was ratified in 1791, individuals under 21 did not enjoy the same firearm rights as adults aged 21 and older. Because of this historical tradition, the court held that N.J.S.A. 2C:58-6.1's restriction on handgun possession by those under 21 is constitutionally permissible. The statute also includes narrow exceptions, such as for individuals in uniformed services or when supervised by a parent or guardian.

Question 4

What are the penalties for possessing a handgun without a permit in New Jersey?

Accepted Answer

Unlawful possession of a handgun under N.J.S.A. 2C:39-5(b)(1) is a second-degree crime in New Jersey, carrying a prison sentence of five to ten years and fines of up to $150,000. Critically, this offense is governed by the Graves Act, which imposes a mandatory minimum period of parole ineligibility, typically requiring the defendant to serve one-third to one-half of the sentence before becoming eligible for release. Because second-degree offenses carry a presumption of incarceration, defendants generally face an uphill battle to avoid prison. A separate fourth-degree charge for handgun possession by someone under 21 under N.J.S.A. 2C:58-6.1 carries up to 18 months in prison and fines up to $10,000, without an automatic presumption of jail time, though this charge often appears alongside more serious counts.

Question 5

Could the under-21 handgun ban in New Jersey eventually be overturned?

Accepted Answer

It is possible, but not under current Appellate Division precedent. State v. Glover represents a clear endorsement of N.J.S.A. 2C:58-6.1 based on a historical-tradition analysis under Bruen. However, federal courts across the country remain divided on whether states can categorically restrict handgun possession by individuals aged 18 to 20, and this issue may eventually reach the U.S. Supreme Court. Future federal rulings could compel New Jersey courts to revisit Glover. For now, age-based constitutional challenges to N.J.S.A. 2C:58-6.1 face significant obstacles in New Jersey appellate courts, and defendants in this age group should expect the statute to be enforced.

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