By John Petrolino
New Jersey’s firearm purchase scheme is outdated. This is illustrated by regulatory changes to how other states handle sales. Prospective N.J. gun owners have to jump through unconstitutional hoops.
A policy letter from the Bureau of Alcohol, Tobacco, Firearms, and Explosives highlights how anachronistic N.J.’s purchase permitting system is. Garden State gun buyers are over-permitted and receive no “privileges.” The letter lists changes to firearm background check exemption criteria in other states. Instant background checks nullify purchase permitting systems, so something’s gotta give.
Background checks
The Brady Handgun Violence Prevention Act requires that gun buyers undergo background checks. The National Instant Criminal Background Check System, or NICS, came online in 1998. Purchases conducted through licensed dealers require buyers to go through the system–with some exceptions.
Exemptions, exceptions, and overregulation
The ATF’s policy letter noted changes to the list of those exempt from instant checks if individuals are credentialed. The ATF says those “state permits [are] in compliance with Federal law” when it comes to having a clean criminal history.
There are 29 jurisdictions listed on the Brady Permit Chart. The ATF has stated a person bearing a valid credential on that list has met the background check requirements to buy a firearm. Alabama and Michigan joined those ranks.
There are 15 states that overregulate past the federal standard–an additional four to some degree. These states are “point of contact” states. The state handles the background checks and they may interface with the federal NICS system. Many of those point of contact states have additional permitting schemes and fees–like N.J.
NICS checks through the federal system have no fees attached to them.
Culturally, New Jersey is the outlier
New Jerseyans won’t want to admit it, but they’re the outlier. There are 37 states/territories where buying a firearm is done with just a NICS check. There are 29 states where there’s no requirement to have a credential to carry a firearm. And, as noted, there are 29 “Brady permit” jurisdictions.
N.J. requires permits for all of that and then some. It’s been this way for several generations. Garden State residents are culturally wired to be okay with overregulation, if not biased towards being anti-Second Amendment. The “guns are bad” narrative took hold in the Land of 1,000 Diners.
I’m from New Jersey and I’ve got a gun license…
What does having a “gun license” in N.J. even mean? New Jersey has–for practical purposes–three different firearm related credentials.
- Permit to purchase a handgun, 2C:58-3. a.
- Firearms purchaser identification card, 2C:58-3. b.
- Permit to carry a handgun, 2C:58-4
Permit to purchase a handgun
A permit to purchase a handgun allows a holder to buy one handgun. Only one handgun may be purchased per month. Applicants pay a $25.00 fee and $21.00 for a background check.
Permits are good for 90 days, renewable up to 180. Prior to purchase, buyers must undergo a $16.00 NICS check.
Fees to buy one handgun: $62.00
Firearms purchaser identification card
Firearms purchaser identification cards allow holders to purchase/possess long guns–shotguns/rifles and are good for 10 years. FIDs can be used to purchase handgun ammunition. Applicants pay a $50.00 fee and $21.00 for a background check.
Purchasers are required to pay $15.00 for a NICS check at the time of purchase.
Fees to buy first long gun: $87.00
Permit to carry a handgun
Permits to carry a handgun cost $200.00, are good for two years, and require a $21.00 background check.
Fees for a permit to carry: $221.00
Fingerprinting in New Jersey
Fingerprinting is required to apply for credentials–at least during initial applications. The system now forces applicants to either have an FID or apply for one with their request.
The cost of fingerprinting is $66.05. The $21.00 background check fee is waived for initial applications, but that’s still another $45.05.
Requirements
The criminal background history and suitability requirements for these credentials are almost identical. There are some nuanced differences when getting a permit to carry, such as training and references, but the processes are the same.
Change is needed
Why is New Jersey requiring three distinct and separate permits to exercise one right?
N.J. created unconstitutional burdens to overcome to enjoy the Second Amendment; excessive fees, excessive wait times, discretionary permitting, and requiring multiple background checks for one firearm purchase. The NICS system completely nullified the need for firearm credentials to buy a gun. N.J. still maintains these wasteful, redundant, and archaic documents.
Politicians that work to restrict the Second Amendment talk about “compromise.” I’m ready to compromise today on this issue.
Make New Jersey the 30th state to not require a permit to carry a firearm and you can keep your credentials on everything else–for now. Or, make the permit to carry good for everything, including the background checks. Lower the fee, and have the permit last for at least five years. We’d still be out of alignment with what meets constitutional muster, but at least it’d make sense.
The process needs to be streamlined for not only constitutional purposes, but practical ones. With all these “permits,” individuals still can’t purchase a firearm without an additional background check. Credentials to purchase firearms are outdated and the way they’re issued/handled tend to be violative of the Second Amendment. Restorative reform needs to occur. Yet, it’s likely we’re going to be met with more infringements and red tape in the years to come.
