N.J. Admin. Code § 13:54-2.4

Current through Register Vol. 53, No. 13, July 6, 2021
Section 13:54-2.4 - Application for a permit to carry a handgun
(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 53:1-20.5et seq., four photographs (11/2 x 11/2 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 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 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 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.

N.J. Admin. Code § 13:54-2.4

Amended by47 N.J.R. 1328(a), effective June 15, 2015
Amended by 48 N.J.R. 281(a), effective February 16, 2016
Amended by 49 N.J.R. 668(a), effective April 3, 2017
Administrative Change, 50 N.J.R. 2240(b).