On December 22, 2022, Governor Murphy signed A-4769 into law (L. 2022, c. 131), amending a number of New Jersey firearms statutes in response to the United States Supreme Court's decision in N.Y. State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022). The legislation, in part, removed the courts from the initial decision-making process for applications for permits to carry handguns. Directive # 14- 22 ("Criminal - Gun Permit Procedures") was promulgated in conjunction with enactment of the new law to establish uniformity in the court's handling of appeals from law enforcement's denial of firearms purchaser identification cards, permits to purchase handguns, and permits to carry handguns. This Supplement to Directive # 14- 22 addresses the practice of the court amending permits to carry handguns and orders issuing permits to carry.
Effective immediately, courts will no longer issue amended carry permits or orders to issue amended carry permits other than to correct issuance errors ( e.g., typographical errors, misprints). As of December 22, 2022, law enforcement alone receives, investigates, and makes decisions on all new requests regarding permit to carry applications. To that end, applicants requesting to add one or more handguns to a permit to carry that previously was issued by the courts should be directed instead to apply for a new permit through their local police agency. Applicants requesting to remove any restriction from a permit previously issued by the courts may choose to appeal to a higher court.
Questions or comments may be directed to Criminal Practice Division by email to the AOC Criminal Practice Division at aoccrimprac.mbx@njcourts.gov or by phone 609-815-2900,x55300
Document Date: April 3, 2023
Publish Date: April 10, 2023