We’re here today really to announce that we’re beginning to take steps to make our state’s handgun rules consistent with long-settled legal precedent.
For over 20 years in this state, the law and rules for handgun carry permits were clear and they were consistent: private citizens wishing to carry a handgun had to show a justifiable need. That’s known as the Justifiable Needs Standard.
In simple terms, they had to demonstrate an urgent necessity and a specific threat to their life to get a handgun carry permit.
Two New Jersey Supreme Court cases -- one from 1971, another from 1990 -- expressly stated that generalized fears or concerns were not enough to meet this standard.
Instead the Supreme Court in this state, on two occasions, made absolutely clear that justifiable need meant “specific threats or previous attacks demonstrating a special danger to the applicant’s life that cannot be avoided by any other means.”
The prior administration however, chose to ignore those precedents and amended the rules covering handgun carry permit applications to add language that said “serious threats” to the rationale could be claimed as a rationale by private citizens in trying to meet that justifiable needs standard.
Not only was the inclusion of that serious threats expanded language legally challenged by the legislature as incorrect, it also has a potential to create confusion, legal confusion, among applicants who may mistakenly think that generalized fears are enough in this state to get a handgun carry permit and that’s simply not the case.
Our Legislature opposed this change.
The Governor does as well, and so do I.
That’s why this morning, in conjunction with the legislature and their counsel, we moved for a stay in the case that’s pending in the Appellate Division.
We moved for a stay and we’re going to go back and we are going to reopen the rulemaking process that led to that amendment during the last administration, and we’re going to return the rule to what it was before that amendment.
{applause}
And that means urgent necessity and specific threats, not serious threats. So let there not be no ambiguity. That’s the process that just started and we hope to make that happen in the months to come.
Thank you.
jersey shore family vacation Attorney General Gurbir Grewal: Gun Legislation | |
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| News & Politics | Upload TimePublished on 26 Jan 2018 |
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