New Jersey Section 2C:58-4 – Permits to carry handguns

New Jersey’s Restrictive Handgun Carry Laws – An Overview of Section 2C:58-4

New Jersey has some of the most restrictive laws in the nation regarding the issuance of permits to carry handguns concealed on one’s person or in a vehicle. Section 2C:58-4 of the New Jersey Code of Criminal Justice lays out the requirements and process for obtaining a handgun carry permit in the state. This law has been amended several times over the years, with the most recent changes passed in 2022.

Background of NJ’s Restrictive Carry Laws

New Jersey has had restrictive laws regarding the carrying of handguns dating back to 1924 when permits were required to carry concealed weapons. Over time, legal challenges and legislation led to the current strict “justifiable need” standard for issuance of carry permits. New Jersey differs from many other states in that it is a “may issue” not “shall issue” state, meaning authorities have greater discretion over whether to grant a carry permit.

The justifiable need requirement, in place since the 1970s, means applicants must demonstrate a special danger to their life that cannot be avoided by other means. Self-defense and general concerns about safety are not considered justifiable need under the law. This creates a high bar for the average citizen to obtain a carry permit.

Key Provisions of Section 2C:58-4

Section 2C:58-4 contains several key provisions regulating the application process, requirements, and issuance of handgun carry permits in New Jersey:

• Justifiable Need – Applicants must demonstrate a “justifiable need” to carry a handgun, meeting the stringent standard set forth in case law. Self-defense does not qualify.
• Permit Valid for 2 Years – If issued, permits are valid for two years then must be renewed. They expire if the holder’s employment changes.
• Limited to Handguns Listed – Permits only apply to the specific handguns listed and approved in the application.
• Fingerprinting & Background Check – Extensive background check including fingerprinting and mental health records.
• Written Certification – Applicants must provide certification of handgun training and safe handling skills.
• Interview Required – Police interview the applicant and references.
• Discretionary Issuance – Authorities have discretion whether to issue a permit even if requirements are met.
• Electronic Application – As of 2022, applications and issuance may be done electronically.
• 90-Day Approval Deadline – Applications must be approved or denied within 90 days.
• Appeal Process – Denials can be appealed to the Superior Court.

Justifiable Need Standard

The most controversial and restrictive aspect of New Jersey’s carry permit law is the “justifiable need” requirement. This means applicants must demonstrate a special danger to their life that cannot be avoided by other means[1]. For example, carrying large sums of cash for business or working in a dangerous profession may qualify, but a general risk of victimization does not[2].

New Jersey courts have reinforced this strict standard over decades of case law. In the landmark 1990 Siccardi case, the court ruled justifiable need is limited to “specific threats or previous attacks demonstrating a special danger”. The ruling rejected the idea that simple self-defense or Second Amendment rights establish justifiable need[3]. More recent cases like Pantano have upheld this precedent.

Recent Changes Under 2022 Law

In July 2022, New Jersey passed new legislation (A4769) making several changes to Section 2C:58-4 while keeping the discretionary “justifiable need” standard intact. Key changes include[4]:

• Electronic Application – Permit applications and issuance now allowed electronically
• Liability Insurance – Applicants must show proof of liability insurance coverage
• Training Requirement – Applicants must show completion of approved handgun training
• 90-Day Approval Deadline – Applications must be approved or denied within 90 days

Proponents argued these changes would streamline and improve the application process without compromising public safety. However, gun rights groups say the law still denies ordinary citizens their Second Amendment rights and have filed lawsuits challenging it[5]. It remains to be seen how the courts will view the new law.

Practical Impact on Carry Permits

The practical effect of New Jersey’s strict carry permit system is that most ordinary citizens are denied the legal ability to carry handguns outside the home for self-defense. FBI statistics show New Jersey has among the lowest rates of concealed carry permits issued per capita compared to other states.

Very few citizens can demonstrate the kind of specific, documented threats to their safety necessary to prove “justifiable need” and obtain a permit. Critics argue this violates individuals’ Second Amendment rights while doing little to improve public safety. But for now, the restrictive structure of Section 2C:58-4 remains the law governing handgun carry in New Jersey.