New Jersey Handgun Carry Permit Attorneys

Assisting Clients in Middlesex County and across New Jersey

In New Jersey, it is illegal to possess a handgun outside of your home or personal property without a state-issued handgun carry permit. Note, that you may obtain a New Jersey Permit to Purchase a Handgun or New Jersey Firearms Purchaser Identification Card to purchase a firearm, but neither of these will allow you to carry your firearm under the law. New Jersey law requires those seeking gun carry permits to complete an extensive application process, to which they must submit every two years in order to renew carry permits. In addition, New Jersey does not acknowledge out-of-state gun permits, meaning that travelers who legally obtain carry permits in other states may be arrested in New Jersey if they travel through the state with their firearm and have not obtained a New Jersey carry permit.

If you for some reason step outside the lines of New Jersey’s strict policy regarding carrying firearms, you may be subject to criminal charges for unlawful possession of a weapon, which can result in a significant term of incarceration among other life-altering consequences. At the Tormey Law Firm, our attorneys have specialized knowledge in the realm of New Jersey gun law and we regularly assist clients with the firearms permit process, appeals of gun permit denials, return of weapons hearings related to domestic violence, expungements to obtain gun permits, and criminal defense for those facing criminal weapons charges. Our talented New Jersey gun lawyers have experience as former prosecutors, members of the U.S. Attorney’s Office, criminal judicial clerks, and members of the Prosecutor’s Weapons Forfeiture Unit. We leverage our deep knowledge and resources to assist clients across New Jersey, including in Middlesex, Bergen, Hudson, Essex, Morris, and Monmouth counties. Contact us today at (201)-614-2474 for additional information and a cost-free consultation.

Handgun Carry Permits in New Jersey

New Jersey law addresses permits to carry handguns in N.J.A.C. 13:54-2.2 and 2.3, stating first and foremost that “No person, except as provided in N.J.S.A. 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.” This exposes anyone who carries a handgun without a legal permit issued in New Jersey to serious criminal charges.

N.J.S.A. 2C:58-4 delineates the criteria that an applicant must fulfill in order to be issued a carry permit. The primary requirements that an applicant must satisfy are as follows:

1. The person must not have made any statements or performed any actions, with the exception of lawful self-defense, that would suggest their likelihood to pose a danger to themselves or the community; and not be subject to any of the disabilities which would prevent him or her from obtaining a permit to purchase a handgun or a firearms purchaser identification card;
2. The person must demonstrate at the time of the application for the permit that he or she is thoroughly familiar with the safe handling and use of handguns, and has completed a state-approved course of training and instruction; and
3. The person must demonstrate a justifiable need to carry a handgun. The Justifiable Need Requirement has been Eliminated from the List of Mandatory Criteria for a Gun Carry Permit in New Jersey*

*In a significant legal update following the United States Supreme Court decision in N.Y. State Rifle & Pistol Assoc. v. Bruen, No. 20-843, the New Jersey Office of the Attorney General Issued Attorney General Directive No. 2022-07, Clarifying Requirements For Carrying Of Firearms In Public. The Directive confirms that New Jersey can no longer require applicants to show a justifiable need for a permit to carry a handgun. The Bruen decision specifically targeted New York’s (and similar state statutes, including New Jersey’s) statutes requiring applicants for a carry permit to establish a particular need for the permit, ruling such a requirement is unconstitutional. In compliance with the ruling, the New Jersey legislature passed A4769/S3214 that eliminates the justifiable need requirement to obtain a carry permit.

In order to understand the aforementioned criteria, we must first examine what each requirement means.

What Constitutes “Good Character” Under New Jersey Law?

What was once a rather ambiguous term of “good character,” has now been further specified by the New Jersey legislature. The first requirement relates to a person’s potential danger to the public or him or herself. This means that a permit application will be rejected if the individual has stated or acted in a manner which suggests that they are likely to engage in behavior, aside from legal self-defense, that would put themselves or others at risk. Beyond the initial requirement, there are two assessments used to determine good character: personal references, and the disabilities included in N.J.S.A. 2C:58-3c, which governs the purchase of firearms. A gun permit applicant must submit four endorsements from reputable persons who have known the applicant for at least three years and can testify to his or her good character. Also, the applicant cannot qualify for any of the disabilities that would prevent him or her from purchasing a firearm. These include:

• Any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence, whether or not armed with or possessing a weapon at the time of such offense;
• Any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard;
• Any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms;
• Any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
• Any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;
• Any person where the issuance would not be in the interest of the public health, safety or welfare because the person is deemed to be devoid of the critical character of temperament to be safely entrusted with a firearm;
• Any person who is subject to or has violated a temporary or final restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991,” prohibiting the person from possessing any firearm, or a temporary or final restraining order issued in another jurisdiction that prevents his or her possession of a firearm;
• Any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);
• Any person whose firearm is seized pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned;
• Any person named on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation;
• Any person who is subject to or has violated a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the “Extreme Risk Protective Order Act of 2018”;
• Any person who is subject to or has violated a court order prohibiting the custody, control, ownership, purchase, possession or receipt of a firearm or ammunition issued pursuant to a temporary protection order;
• Any person who is subject to or has violated a temporary or final restraining order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015″;
• Any person who has previously been voluntarily admitted to inpatient treatment or involuntarily committed to inpatient or outpatient treatment, unless the court has expunged the person’s record;
• Any person who is subject to an outstanding arrest warrant for an indictable crime in this State or for a felony in any other state or federal jurisdiction; or
• Any person who is a fugitive from justice due to having fled from any state or federal jurisdiction to avoid prosecution for a crime, with the exception of warrants for providing, receiving, assisting in providing or receiving, providing material support for, or traveling to obtain reproductive health care services that are considered lawful in New Jersey, or to avoid giving testimony in any criminal proceeding.

How Can You Demonstrate Familiarity with “Safe Handling?”

In order to demonstrate your thorough familiarity with safe handling and use of firearms, you may provide proof in the form of:

• 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;
• Submission of your most recent handgun qualification scores utilizing the handgun(s) you intend 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;
• Completion of a course or test in the safe handling of a handgun 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
• 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.

You have to prove proficiency in being able to safely carry a handgun by qualifying at a New Jersey FFL. As a practical matter, if you wish to carry more than one type of handgun, if you own multiple handguns, you should qualify with each handgun you own and intend to carry with your carry permit. So, if you own for example 3 handguns, and wish to be able to carry 3 handguns, you should qualify with each handgun you wish to carry. You should also carry one handgun at a time unless transporting it to a range, hunting area, gunsmith, or if otherwise transporting your firearm lawfully under the exemptions enumerated in NJSA 2C:39-6. The qualification process should also be renewed when renewing your handgun permits after 2 years with each respective handgun you may wish to carry. Lastly, if there are multiple members in the household who are otherwise eligible and not disqualified from being able to lawfully carry a handgun, it would be advisable to have each member of the household or residence apply for a permit to carry, even if they do not intend to carry in public. This can help reduce the likelihood of being denied a carry permit.

What Constitutes “Justifiable Need” Under New Jersey Law?

There are two separate standards for “justifiable need” as defined under N.J.A.C. 13:54-2.4, one of which applies to private citizens, while the other applies to employees of private detective agencies, armored car companies, and private security companies. The law with regard to justifiable need is explained as follows:

• A private citizen must show justifiable need by specifying 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;
• In the case of employees of private detective agencies, armored car companies and private security companies, these applicants must show that:
  • In the course of performing statutorily authorized duties, they are subject to a substantial threat of serious bodily harm; and
  • That carrying a handgun is necessary to reduce the threat of unjustifiable serious bodily harm to any person.

As stated above, justifiable need is no longer a mandatory element that must be satisfied to obtain a permit to carry a handgun in New Jersey. It has been virtually eliminated as a requirement for carry permits as of June 2022.

Expiration of Carry Permits and Permit Renewal in New Jersey

If you obtain a permit to carry a handgun in New Jersey, it will expire two years from the date of issuance. You may apply to renew your carry permit after the two-year period and will be subject to the same application process. If your carry permit expires and you fail to renew it, you may be charged criminally for possessing a weapon without a lawful permit. Also, the state has imposed liability insurance mandates, requiring carry permit owners to have proof of liability insurance with minimum limits of $300,000.00 for injury, death, or property damage due to firearm ownership and use. If you fail to have the required insurance, you may also be charged criminally with a fourth degree crime.

Options if Your Carry Permit is Rejected in NJ

Anyone whose permit to carry a handgun is rejected has the right to request a hearing in court before a judge. In January 2020, the New Jersey Supreme Court decided a case which determined if a hearing should be conducted by New Jersey Superior Courts when a carry permit is denied. The person must submit a formal, written request to the Superior Court in the county where the application was filed within 30 days of the rejected application. The court is required to hold a hearing within 60 days of receiving the request and the presiding judge must issue their decision within 14 days of the hearing date. If the state rejects your gun permit application, seek help from our well-versed gun lawyers, who can ensure that the permit denial did not infringe upon your Second Amendment rights and help you appeal your rejected application.

Frequently Asked Questions (FAQ) Regarding Carry Permits for Guns in NJ

FAQ: Do I still need a carry permit from NJ in order to carry in NJ if I have a carry permit from another state?

Yes you do. To lawfully possess a handgun while in the State of New Jersey, you need to be in possession of a valid permit to carry a handgun issued to you by the State of New Jersey. If you come from a state where the permitting laws allow you to carry a handgun in your home state, even if you have such a permit from your home state, it is of no matter. New Jersey does not treat permits to carry handguns like Driver’s Licenses, where out-of-state drivers licenses are legally recognized. If you are not from the State of New Jersey, you need to obtain a permit to carry a handgun issued to you by the State of New Jersey and apply as a non-resident. Without that permit, you risk being subject to severe criminal actions, like being in unlawful possession of a handgun, even if you don’t engage in any unlawful activity while in possession of that handgun.

FAQ: Do I still need a carry permit from NJ if I come from another state that doesn’t require me to have a carry permit at all to legally carry?

Yes you do. As stated above, to lawfully possess a handgun while in the State of New Jersey, you need to be in possession of a valid permit to carry a handgun issued to you by the State of New Jersey. If you come from a state where there is no permit at all required to allow you to carry a handgun in your home state, it is of no matter. New Jersey does not give special treatment to residents from states that don’t require a permit to carry a handgun to lawfully carry a handgun. If you are not from the State of New Jersey, you need to obtain a permit to carry a handgun issued to you by the State of New Jersey and apply as a non-resident even if no such permit is needed in your home state. Without that permit issued by the State of New Jersey, you risk being subject to severe criminal actions, like being in unlawful possession of a handgun, even if you don’t engage in any unlawful activity while in possession of that handgun.

FAQ: Can I still carry in NJ if my carry permit from NJ expired?

Short answer is NO. Being in possession of a handgun while in possession of a permit to carry a handgun that has expired does not make it lawful for you to possess your handgun, like operating a motor vehicle with an expired driver’s license doesn’t make it lawful to operate a motor vehicle. The expiration of a previously issued permit to carry makes carrying the handgun unlawful. The permit not only has to come from New Jersey but has to be valid and not expired at the time of being in possession of the handgun, even if the expired New Jersey carry permit has been previously renewed without issue.

FAQ: How can I get a carry permit from NJ?

You need to make sure that you are not disqualified from firearms ownership under N.J.S.A. 2C:58-3(c), you need to qualify by showing proficiency in being able to handle a handgun safely, demonstrate that you can accurately and precisely discharge your handgun, obtain four (4) references who can vouch for you, and pay an additional increased fee to fill out the application in addition to the other prerequisites needed to obtain a carry permit – picture ID, fingerprints, and the like. Make sure that you don’t make any mistakes in filling out the application, as any inaccurate information provided on the form can be grounds for denial, including omitting address history and even in some cases spelling errors.

FAQ: Do I need to either live in NJ or be from NJ to get a carry permit?

No, there is no residency requirement to live in New Jersey to apply for such a permit to carry a handgun. While the fees are higher to process the application for non-residents of New Jersey, you as a non-resident can still apply for a carry permit issued by New Jersey. As we do not have national reciprocity when it comes to permits to carry handguns, it is important to make sure you have all the permits necessary if you want to lawfully carry a handgun nationwide, including states that you may not routinely visit (New Jersey). You as a non-resident would still need to satisfy the other prerequisites needed in order to obtain a handgun carry permit from New Jersey as a resident of New Jersey would (character references, fingerprinting, qualification, etc…).

FAQ: What happens if I carry a gun in NJ without a carry permit but I have one from another state?

As the State of New Jersey does not recognize the validity of permits to carry handguns issued by other states, you would be subject to prosecution for unlawful possession of a handgun as if you had no permit to carry at all. It is of no matter that you have a permit to carry a handgun from another state or that you were not engaging in unlawful activity while possessing the gun, even if the gun you possessed was lawfully obtained. Simply put, the absence of a New Jersey carry permit makes being in possession of a handgun unlawful. The punishment for being in unlawful possession of a handgun in violation of N.J.S.A. 2C:39-5(b) is a Second-Degree crime and subjects the alleged offender to up to serving ten (10) years in New Jersey State Prison if convicted and a minimum of three and a half (3 1/2) years before eligible for parole.

FAQ: Do I need to give a reason why I want a carry permit in NJ?

Not anymore. While you as an applicant seeking to obtain a permit to carry a handgun from New Jersey used to have to show was called a ‘justifiable need’, that is no longer the case pursuant to US Supreme Court case law which invalidated the previously existing law in New Jersey concerning justifiable need. If the reason you seek to carry a handgun in New Jersey and get a permit to do so is not for an unlawful purpose, then there is no reason to call into question why you wish to obtain a permit to carry a handgun.

FAQ: What if I get denied a carry permit in NJ?

If you, the applicant, apply for a permit to carry, and get denied, you would need to appeal the decision made by either the Chief of Police or by the Superintendent of the New Jersey State Police to the Superior Court in the county where you reside (NJ Residents) or the county which denied you the permit based on the location of the Trooper Barracks (Non-NJ Residents). The time frame to appeal the denial is thirty (30) days and there is no fee needed to appeal the decision to the Superior Court. You appeal online and notify the court you contest or object to the decision of the police chief or NJ State Police who recommend a denial. No need to explain why you are appealing, just notify the court of your intention to appeal. The reasons for the appeal take place during the trial, or hearing, which is scheduled before a Superior Court Judge, where all the evidence is presented to the judge in support of and in opposition to the denial of the carry permit application, and witnesses will testify. Once all the evidence is presented, legal arguments made, and testimony heard, then the court decides on whether to uphold the denial of the permit or to reverse the decision of law enforcement to deny the carry permit and issue the permit to the applicant.

FAQ: I have a permit to purchase a handgun in NJ, but my carry permit was denied. Why?

This is surprisingly a growing trend that has been going on in a number of municipalities in New Jersey, where an applicant will have a past, such as dismissed arrests or vacated restraining orders, be issued a permit to purchase, and then apply a period of time later without any further incidents, and be denied a permit to carry. Some police chiefs view having a permit to carry with extra significance, and have relied on denying applicants based on their past history even though the applicant’s past history did not warrant a denial on a permit to purchase. The rationale is the catch-all ‘public health, safety, welfare, rhetoric’, where your past may not stop one from obtaining a handgun, but would be enough to stop someone from carrying a handgun with a permit lawfully outside their home. This is an issue that, should it happen to you, needs to be appealed and adjudicated before the Superior Court and heard on the merits. As with permits to purchase, denials for permits to carry are fact-sensitive and it is important to have the right legal guidance to navigate this potentially complex process.

Contact our Local Middlesex County Gun Carry Permit Lawyers for Assistance

If you are considering applying for a handgun carry permit, have begun the application process, are seeking an appeal after a carry permit denial, or must renew your carry permit in New Jersey, our NJ gun lawyers can help. Contact us today at (201)-614-2474 for a free consultation.