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NJ 2C:58-4. Handgun permits.

Defending NJ 2C:58-4.  Handgun permits.

After you read the following NJ Criminal Statute (Handgun permits) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case.  The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor.  Call the number above for a free 24×7 phone consultation.

NJ Statute: 2C:58-4.  Permits to carry handguns

a.  Scope and duration of authority.    Any person who holds a valid permit to carry a handgun issued pursuant to this section shall be authorized to carry a handgun in all parts of this State, except as prohibited by section 2C:39-5e.  One permit shall be sufficient for all handguns owned by the holder thereof, but the permit shall apply only to a handgun carried by the actual and  legal holder of the permit.
All permits to carry handguns shall expire 2 years from the date of issuance  or, in the case of an employee of an armored car company, upon termination of  his employment by the company occurring prior thereto whichever is earlier in  time, and they may thereafter be renewed every 2 years in the same manner and  subject to the same conditions as in the case of original applications.
b.  Application forms.    All applications for permits to carry handguns,  and all applications for renewal of such permits, shall be made on the forms  prescribed by the superintendent.  Each application shall set forth the full  name, date of birth, sex, residence, occupation, place of business or  employment, and physical description of the applicant, and such other information as the superintendent may prescribe for the determination of the applicant's eligibility for a permit and for the proper enforcement of this chapter.  The application shall be signed by the applicant under oath, and shall be indorsed by three reputable persons who have known the applicant for at least 3 years preceding the date of application, and who shall certify thereon that the applicant is a person of good moral character and behavior.
c.  Investigation and approval.    Each application shall in the first instance be submitted to the chief police officer of the municipality in which the applicant resides, or to the superintendent, (1) if the applicant is an employee of an armored car company, or (2) if there is no chief police officer in the municipality where the applicant resides, or (3) if the applicant does not reside in this State.  The chief police officer, or the superintendent, as the case may be, shall cause the fingerprints of the applicant to be taken and compared with any and all records maintained by the municipality, the county in  which it is located, the State Bureau of Identification and the Federal Bureau  of Identification.  He shall also determine and record a complete description of each handgun the applicant intends to carry.
No application shall be approved by the chief police officer or the superintendent unless the applicant demonstrates that he is not subject to any of the disabilities set forth in 2C:58-3c., that he is thoroughly familiar with  the safe handling and use of handguns, and that he has a justifiable need to  carry a handgun.  If the application is not approved by the chief police  officer or the superintendent within 60 days of filing, it shall be deemed to  have been approved, unless the applicant agrees to an extension of time in  writing.
d.  Issuance by Superior Court;  fee.    If the application has been approved by the chief police officer or the superintendent, as the case may be,  the applicant shall forthwith present it to the Superior Court of the county in  which the applicant resides, or to the Superior Court in any county where he  intends to carry a handgun, in the case of a nonresident or employee of an  armored car company.  The court shall issue the permit to the applicant if, but  only if, it is satisfied that the applicant is a person of good character who  is not subject to any of the disabilities set forth in section 2C:58-3c., that  he is thoroughly familiar with the safe handling and use of handguns, and that  he has a justifiable need to carry a handgun.  The court may at its discretion  issue a limited-type permit which would restrict the applicant as to the types  of handguns he may carry and where and for what purposes such handguns may be  carried.  At the time of issuance, the applicant shall pay to the county clerk  of the county where the permit was issued a permit fee of $20.00.
e.  Appeals from denial of applications.    Any person aggrieved by the denial by the chief police officer or the superintendent of approval for a permit to carry a handgun may request a hearing in the Superior Court of the county in which he resides or in any county in which he intends to carry a handgun, in the case of a nonresident, by filing a written request for such a hearing within 30 days of the denial.  Copies of the request shall be served upon the superintendent, the county prosecutor and the chief police officer of the municipality where the applicant resides, if he is a resident of this State.  The hearing shall be held within 30 days of the filing of the request, and no formal pleading or filing fee shall be required.  Appeals from the determination at such a hearing shall be in accordance with law and the rules governing the courts of this State.
If the superintendent or chief police officer approves an application and the Superior Court denies the application and refuses to issue a permit, the applicant may appeal such denial in accordance with law and the rules governing  the courts of this State.
f.  Revocation of permits.    Any permit issued under this section shall be void at such time as the holder thereof becomes subject to any of the disabilities set forth in section 2C:58-3c., and the holder of such a void permit shall immediately surrender the permit to the superintendent who shall give notice to the licensing authority.
Any permit may be revoked by the Superior Court, after hearing upon notice to the holder, if the court finds that the holder is no longer qualified for the issuance of such a permit.  The county prosecutor of any county, the chief police officer of any municipality, the superintendent or any citizen may apply  to the court at any time for the revocation of any permit issued pursuant to  this section.
L.1978, c. 95, s. 2C:58-4, eff. Sept. 1, 1979.  Amended by L.1979, c. 179, s. 12, eff. Sept. 1, 1979;  L.1981, c. 135, s. 1.

AKA: NJ Criminal Charge 2C:58-4, Violation 2C:58-4, Offense 2C:58-4

Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.

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