'Toughest In The Nation' Gun Measure Could Tighten NJ's Concealed Carry Laws

NEW JERSEY — A newly introduced gun measure would make New Jersey's concealed-carry laws "the toughest in the nation," according to Democrats in the State Legislature. The bill would expand background checks, add requirements for obtaining a concealed-carry permit, and criminalize carrying a gun in certain areas.

The legislation, introduced last week, would also require license holders to purchase liability insurance and require training — even for those who already have a permit to carry a handgun.

The Garden State has among the strictest firearm laws in the United States and one of the nation's lowest rates of gun deaths. But legislative Democrats and Gov. Phil Murphy have pushed to tighten the state's gun regulations in the wake of a U.S. Supreme Court decision from June 23 that repealed key aspects of New Jersey's concealed-carry rules.

People in New Jersey still need a permit to carry a handgun. But the high court's June 23 decision on New York State Rifle and Pistol Association v. Bruen overturned state laws that allowed government agencies to issue concealed-carry permits only if someone demonstrates a "justifiable need."

"This legislation is designed to make New Jersey safer in response to the U.S. Supreme Court’s Bruen ruling that, left unaddressed, would undoubtedly hinder public safety for the more than nine million residents of our state," said State Assembly Speaker Speaker Coughlin (D-19). "By ensuring that individuals can only obtain a concealed carry permit after extensive review and appropriate training, we are standing up for victims of gun violence and helping to prevent future tragedies while abiding by the Court’s decision."

Under current law, a person applying for a permit to carry a handgun must provide endorsements from three people who have known them for at least three years and can attest that they show good character and behavior. The bill would increase the requirement to five recommendations.

Obtaining a permit would require training on safely handling and storing firearms. If passed, those who received a license before the bill's enactment would need to complete classroom instruction and target training within 90 days of the legislation's effective date.

The application process would also include an interview from the police chief or superintendent, who must inquire whether the applicant is "likely to engage in conduct that would result in harm to the applicant or others," according to the bill.

The bill would expand criteria that disqualify an applicant from obtaining a permit or purchasing a handgun, including:

• people "presently confined for a mental disorder as a voluntary admission or involuntary commitment for inpatient or outpatient treatment."
• those who violated a temporary or final restraining order.
• individuals who have "previously been voluntarily admitted or involuntarily committed to inpatient or outpatient mental health treatment, unless the court has expunged the person’s record"
• people with an outstanding arrest warrant or fugitives from justice in any state or federal jurisdiction. This wouldn't include individuals seeking reproductive-health services in New Jersey.

The measure would also make it a third-degree crime for a permit holder to carry their handgun in certain areas, including government buildings, election polling places, schools, homeless shelters, bars or restaurants that serve alcohol, and casinos. Third-degree convictions in New Jersey are punishable by three to five years in prison and/or a fine of up to $15,000.

The Supreme Court's Bruen ruling and the court's right-wing majority create an uncertain environment for lawmakers wishing to tighten firearm regulations. State Sen. Michael Testa (R-1) contended that some of the New Jersey bill's provisions violate the U.S. Constitution.

"When the legislation effectively blocks permit holders from carrying in most places, it’s a de facto ban that is not consistent with the constitutional right to carry confirmed by the U.S. Supreme Court in Bruen," Testa said. "Law-abiding gun owners will follow the law and leave their guns in their cars, while the criminals they seek to protect themselves from will continue to carry guns illegally into all of the prohibited places."

The Supreme Court's decision rolled back New York's concealed-carry regulations, as well. New York has since encountered obstacles imposing a new state law that established new requirements for obtaining a concealed-carry license, with a federal judge temporarily blocking parts of the law Oct. 6.

New York's law, which went into effect Sept. 1, established new requirements for obtaining a license, including submitting social-media accounts for review, and made it a felony for all, including permit holders, from carrying a gun in certain public and private locations. New York Attorney General Letitia James said the state will appeal the ruling.

New Jersey has the nation's strictest gun laws besides California, according to the Giffords Law Center to Prevent Gun Violence. But the Murphy administration proposed new regulations in April 2021 that became law July 5, gaining urgency among legislative Democrats in the wake of several prominent mass shootings around the nation. Read more: NJ Beefs Up Gun Laws After String Of U.S. Mass Shootings

The new laws will prohibit .50 caliber rifles, increase penalties for crimes related to manufacturing and constructing ghost guns, limit the legal use of body armor to mostly law enforcement and armed services, regulate handgun-ammunition sales, require gun retailers to sell microstamping-enabled firearms, make safety training mandatory to purchase a firearm, and require out-of-state residents who relocate to New Jersey to obtain an ID card and register their weapon with law enforcement.