License to Carry: Drake v. Filko - NJ’s Handgun Permit Law Upheld

License to Carry: Drake v. Filko - NJ’s Handgun Permit Law Upheld

Some U.S. citizens will tell you they walk around with a firearm on them at all times. In-fact, in states like Colorado, it is not uncommon to see people walking around grocery stores with a pistol on their hip. That’s not the case in New Jersey, a state with arguably the toughest gun laws in America. To some, the idea of people being armed at all times is scary. For others, the idea of carrying firearms on their person in public places means freedom. Either way, New Jersey’s gun laws have been both criticized by those who believe their Second Amendment rights are being violated and praised by others as a safeguard against gun violence. In February 2013, the Third Circuit upheld New Jersey’s Handgun Permit law in Drake v. Filko. This blog post examines the decision and how the court interprets “justifiable need.”

The issue presented before the Third Circuit was whether requiring a New Jersey citizen to show “justifiable need”, in order to obtain a license to carry a firearm, is constitutional. The Third Circuit ruled that NJ’s law requiring “justifiable need” is constitutional. Four NJ residents and two organizations known as the “Plaintiffs” argued that the Second Amendment secures a right to U.S. citizens to carry arms in public for the purposes of self-defense. In addition, they argued that the “justifiable need” standard of the Handgun Permit Law was an unconstitutional prior restraint.

According to NJ law, “justifiable need” is defined as “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.” In addition to applying to the local chief of police for a license to carry, the application must also be presented to a Superior Court judge who must certify that the requirements have been met. In other words, it is extremely difficult to obtain a license to carry a firearm in the State of New Jersey.

The Third Circuit noted that the State of New Jersey had a significant, substantial, and important interest in protecting its citizens’ safety. They ruled that the the “justifiable need” requirement was reasonably fit to carry out the State’s goal.

This ruling does not mean that citizens’ are without help. NJ attorneys who are familiar with the process can argue on your behalf that you do in-fact have a “justifiable need” to carry a firearm on your person. For additional information, click here. If an application is denied, an NJ attorney can appeal the decision and fight for you in court. If you are interested in finding out how an attorney can help you obtain a license to purchase a firearm or obtain a license to carry, contact Roberts & Teeter, Attorneys at Law today. 732-325-0814. www.centralnjlawyers.com 

New Jersey Attorneys Can Help: The Gun Permit Process in NJ

New Jersey Attorneys Can Help: The Gun Permit Process in NJ

At times throughout the year, specifically in summer months, New Jersey citizens inquire about purchasing firearms. Whether it be sport shooting on the weekends, hunting throughout the season, or even protection for their home, New Jersey citizens have a true interest in gun ownership. When we discuss the process of applying for a firearm purchase permit with potential clients, the first thing we tell them is that it is truly not easy to obtain a Firearm Purchaser Identification card (FPID) or Handgun Purchase Permit (HPP) in New Jersey. We follow that statement by informing them that it is even harder to obtain a License to Carry a firearm on your person. Simply put, New Jersey has strict gun laws compared to other states around the country. 

Any New Jersey citizen wishing to purchase a pistol will need to apply for a Handgun Purchase Permit (HPP). You must be at least 21 years of age to apply for a HPP. Any New Jersey citizen wishing to purchase a long gun, rifle, or shotgun must apply for a Firearm Purchaser Identification card (FPID). You must be at least 18 years of age to apply for a FPID. It is important to note that the application must be filled out accurately and truthfully and multiple copies may need to be submitted. References are required and will be contacted. In addition, a medical health records search form will need to be submitted, which allows for a mental health background check to be conducted. The applicant will also need to photocopy their driver’s license and social security card, and will need to be fingerprinted, typically at outside location. It should be noted that any gun safety course documentation, gun training, or proof of experience can be considered in the application process. There is an application fee, fingerprinting fee, and $5 fee that applies for ever permit you are requesting. 

Once the application and documentation is submitted to the local police department, by law, the department is to notify the applicant within 30 days as to whether or not their application was approved. Although the law requires a response within 30 days, the time requirement is often ignored and the process can take months to complete. At times, citizens are denied permits to purchase by their local police departments because of an inaccurate application or because there was an issue of concern that surfaced in the mental health background check. That is why it is common for individuals to retain the assistance of an attorney to review the gun purchase application, medical health records, and issue a letter to accompany the application to the local police chief. Hiring an attorney before an application is submitted can be beneficial to those who are unsure of whether their application will be approved. Hiring an attorney is also beneficial because a New Jersey attorney will also be persistent in assuring the police department review the application and respond within the 30 days required by New Jersey law.

If you are a New Jersey resident and are interested in retaining an attorney to assist in obtaining a permit to purchase a firearm, contact Roberts & Teeter, LLC today. 732-325-0814