UPDATE: Christie moves to expedite gun permits for DV, violent crime victims

By Matt Rooney | The Save Jersey Blog

Here’s a launch eve nugget for ya’ll, Save Jerseyans, all despite his earlier protestation that the legislature tied his hands:

On Monday night, Governor Chris Christie directed the New Jersey Attorney General to file a regulatory change (click here to see it) expediting firearm application processing for victims of domestic violence, violent crimes, and “those who have a demonstrable threat against them.”

chris christie green tie serious“I have always said that when there are sensible changes to improve our laws and the fair administration of justice, I will take action, and that is what I am doing today,” Christie explained in an accompanying press release. “The Constitution grants and our courts have affirmed the individual right to bear arms as a fundamental right, and that is all the more important for those who are victims of violence or under threat. This commonsense step will protect the rights of victims and people at risk of violent acts by giving them priority, while ensuring the core protections of the permitting process remain fully in effect.”

The Governor specifically cited the case of Carol Bowne, murdered by her ex-boyfriend earlier in June despite the existence of an active restraining order while she was waiting to obtain a gun permit, as a major motivation for his action; I pitched the expedited permit idea shortly thereafter and I’m stoked to see the Governor act on it.

Now? An application must reviewed and processed within 14 days upon a demonstration…

That the applicant has been the victim of violence or threatened with violence or a deadly weapon and there is a substantial likelihood of another such incident in the foreseeable future.”

or

The applicant is living under a demonstrable threat, vis-à-vis court-ordered protection in the form of a restraining order or some other condition imposed by the court, restraining another person from contact with the applicant where there is a substantial likelihood that the applicant will be the victim of violence or threatened with a deadly weapon in the foreseeable future.”

Either circumstance qualifies as “justifiable need” and a carry permit would be issued thereafter within the 14-day window. So it’s not “shall issue,” folks, but it’s an expansion of the “justifiable need” standard in our “may issue” state where permitting is de facto extremely restricted.

Tonight’s news follows two high-profile pardons issued by the Governor for Graves Act-related violations and a mounting push by Second Amendment activists to recall Senate President Steve Sweeney for flip-flopping on his support of gun rights.

Christie also established a study commission via executive order No. 180 designed to recommend additional changes to the licensing process. Here’s hoping this is just the beginning…

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Comments

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28 thoughts on “UPDATE: Christie moves to expedite gun permits for DV, violent crime victims

  1. Shouldn’t a lawyer understand that the 3nf Amendment doesn’t grant anything, but rather serves to express a pre-existing fundamental right, one that Christie and his AGs have done everything in their power to ignore.

  2. Maybe not universal Shall Issue Matt but the last sentence of code seems to be the closest to it we have ever seen in New Jersey…”deemed to have justifiable need” by statute pretty much takes any discretion out of the hands of the judges.

    “2. An applicant who meets the above criteria in i. or ii. shall be deemed to
    have demonstrated justifiable need”

  3. More Bloviating from a gas bag pandering on a quest for the presidency, without any real changes in the regulation. His executive order will do NOTHING to stop the individual towns who defy the law daily from continuing to delay granting permits, THERE ARE NO TEETH in this EO. There simply are no consequences for a town to delay granting a permit, so it will be ignored as is the 30 day requirement gets ignored.

    The definition of justifiable need needs to change to include self defense without the grantors personal feelings, fears, opinions or political leanings having anything to do with the decision to “grant” a person his/her RIGHT to protect themselves… It appears all he did was tell the Grantors to expand the definition a little without effecting any real change, without imposing any consequences should the Grantor decide to ignore the order

    Anytime a law that bars an individuals RIGHTS because of the feelings, fears, opinions or political leanings of the grantor instead of a specific skill set on the part of the grantee… that law is inherently unconstitutional because it “INFRINGES” on a person right to keep and bear arms…

  4. I’m a little confused about your leap from Carol’s unprocessed application for her initial Firearms Purchaser’s Identification card (FPID) and Permits to Purchase a handgun (P2P) to suddenly “Either circumstance qualifies as “justifiable need” and a carry permit would be issued thereafter within the 14-day window. So it’s not “shall issue,” folks, but it’s an expansion of the “justifiable need” standard in our “may issue” state where permitting is de facto extremely restricted.” Carol was not applying for a carry permit. She just wanted to be able to have a gun. This bill addresses the delays in processing FPIDs and P2Ps. It doesn’t have anything whatsoever to do with carry permits. Justifiable need is still alive and kicking and no one will be getting a carry permit in NJ, let alone within 14 days, as a result of this bill.

  5. This is pure and utter BS, if New Jermany operated as most free states everyone would have the right and the right to concealed carry too.

  6. Exactly Michael! This just proves Christie could easily change NJ’s concealed carry requirements with one Executive Order. Just like he issued his “too little, too late” EO #180, he could issue EO #181 instructing his AG to add Self Defense to NJ’s draconian Justifiable Need clause. He could, if he wanted, allow NJ gun owners to actually bear arms like Americans do in 46 other free states. Apparently, Christie prefers to blame NJ voters for our heinous gun laws than effect any substantial change to them….but he’ll still campaign on his rock solid support for the 2nd Amendment.

  7. how about exercising my right as a law abiding American to keep and bear arms? How about defending the Constitution of the United States of America?

  8. (f) An application for a permit to carry a handgun shall be prioritized and be
    investigated on an expedited basis and approved or disapproved without undue
    delay, within 14 days if possible, under the following circumstances:
    1. The applicant is a private citizen who applies for a permit to purchase a
    handgun and/or a firearm purchaser identification card contemporaneously with the
    application for a permit to carry a handgun or who has previously obtained a
    handgun purchase permit from the same licensing authority; and
    i. has been the victim of an act of violence that resulted in the infliction of
    serious or significant bodily injury, or was credibly threatened with an act of
    violence that if carried out would result in the infliction of serious or significant
    bodily injury, or subjected to an incident in which the actor was armed with and
    used a deadly weapon or threatened by word or gesture to use a deadly weapon as
    defined in subsection c. of N.J.S.2C:11-1 against the applicant, and there is a
    substantial likelihood, based on the information presented in the applicant’s written
    certification of need and any other information revealed in the investigation of the
    application, that the applicant will in the foreseeable future be subjected to another
    such incident; or
    ii. is protected by a court order or under a condition imposed by the court
    restraining another person from contact with the applicant, and there is a
    substantial likelihood, based on the information presented in the applicant’s written
    certification of need and any other information revealed in the investigation of the
    application, that the applicant will in the foreseeable future be subjected to an act
    of violence that if carried out would result in the infliction of serious or significant
    bodily injury, or be subjected to an incident in which the actor is armed with and
    would use a deadly weapon or threaten by word or gesture to use a deadly weapon
    as defined in subsection c. of N.J.S.2C:11-1 against the applicant.

    2. An applicant who meets the above criteria in i. or ii. shall be deemed to
    have demonstrated justifiable need. <=== This is "shall issue" language if i or ii above exists.

  9. Did you not read the whole document? It clearly says that it has to do with both FID cards and PPP – further extending to CCW that if you meet the need for a 14 day issuance of PPP or FID you also meet “justifiable need”. Are you serious that you did not get that from the documents???

  10. NJ politicians only care about their self advancement. Not one especially Christy care about its people or their safety. Isn’t it my right to protect myself?

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