N.J. Admin. Code § Executive Order No. 299 (2022)

Current through Register Vol. 57, No. 1, January 6, 2025

Section - Executive Order No. 299 (2022)

Governor Philip D. Murphy

Executive Order No. 299 (2022)

An Order Directing State Departments and Agencies to Identify Gun Violence Prevention Measures

Issued: June 24, 2022.

Effective: June 24, 2022.

WHEREAS, in New York Rifle & Pistol Ass'n v. Bruen, No. 20-843 (2022), a conservative majority on the United States Supreme Court has invalidated New York's "proper cause" requirement for obtaining a permit to carry a handgun in public; and

WHEREAS, this deeply flawed decision will increase the proliferation of guns in our communities and our streets and make our nation less safe; and

WHEREAS, although the Supreme Court's decision impacts New Jersey's justifiable-need requirement, other requirements of N.J.S.A. 2C:58-4 for obtaining a carry permit in New Jersey remain unaffected, including approval by the relevant law enforcement officer and Superior Court that the applicant is of good character, is not subject to any of the disabilities set forth in section c. of N.J.S.A. 2C:58-3, and is thoroughly familiar with the safe handling and use of handguns; and

WHEREAS, New Jersey's commonsense firearms safety laws have resulted in the State having one of the lowest firearm mortality rates in the country; and

WHEREAS, nonetheless, over 5,000 New Jerseyans have been killed by gun violence in the past decade; and

WHEREAS the recent mass shootings in Uvalde, Texas and Buffalo, New York are just two of the more than 250 mass shootings in the United States in 2022; and

WHEREAS, New Jersey has not been immune to mass shooting events, including one in May 2021 that left three dead and eleven wounded; and

WHEREAS, gun violence is a public health crisis in this State and across the nation; and

WHEREAS, protecting New Jersey residents and visitors from gun violence is of paramount importance; and

WHEREAS, the vast majority of New Jerseyans do not support relaxing restrictions on who may carry a gun in public; and

WHEREAS, state agencies have existing authority to issue regulations to reduce gun violence and enhance firearms safety, including regulating the carrying of firearms in certain locations, such as public places, government property, and sensitive locations; and

WHEREAS, there exists a compelling state interest for the State to coordinate activities of its agencies and to use available legal authority to decrease the risk of gun violence wherever possible; and

WHEREAS, the Department of Law and Public Safety has been leading comprehensive, state-wide efforts to reduce gun violence; and

WHEREAS, under my Administration, the State of New Jersey will continue to serve as a national model for commonsense and effective gun safety policies;

NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. All State agencies shall immediately review their statutes, rules, regulations, and program requirements to identify actions that may be taken under existing authority determining whether, and in what manner, firearms may be carried, displayed, or otherwise regulated.

2. For purposes of this Order, "State agency" shall mean any of the principal departments in the Executive Branch of State government and any agency, authority, board, bureau, commission, division, institution, office, or other instrumentality within or created by any such department, and any independent State authority, commission, instrumentality, or agency over which the Governor exercises executive authority, as determined by the Attorney General.

3. In furtherance of Paragraph 1 of this Order, State agencies shall review their existing authority regarding the following subjects, among others:

a. Authority to designate certain locations where carrying of firearms, except by law enforcement, shall not be permitted.

b. Authority to regulate the manner of carrying, transporting, possessing, or conveying firearms.

c. Authority to adopt policies that promote firearms safety, prevent gun violence, and reduce threats against the public, including but not limited to in areas of procurement, contracting, and property management.

4. In furtherance of Paragraph 1 of this Order, State agencies shall be authorized to call upon any department, office, division, or agency of this State to supply it with information or other assistance to discharge its duties under this Order.

5. No later than July 18, 2022, State agencies shall submit their preliminary findings within the scope of this Order to the Governor.

6. Nothing in this Order shall be construed to supersede any federal or State law.

7. This Order shall take effect immediately.

N.J. Admin. Code Executive Order No. 299 (2022)

Published 6/24/2022 in the New Jersey Register at 54 N.J.R. 1459(a).