Assemblymen Greenwald, Holley, Moriarty Legislation to Counter Efforts to Weaken Gun Safety Regulations Advanced Through Assembly

(TRENTON) – Legislation sponsored by Assembly Majority Leader Louis D. Greenwald and Assemblymen Jamel Holley and Paul Moriarty aimed at ensuring strong gun safety regulations are codified into law in New Jersey was advanced through the Assembly during Monday’s voting session.

The bill aims to prevent a future governor from attempting to weaken the regulations, as former Governor Chris Christie had attempted to do.

“New Jersey’s gun safety laws are among the strongest in the nation and we must keep them that way,’ said Greenwald (D-Camden/Burlington). “Overturning these unsafe regulations has been a top priority of mine. While I commend Governor Murphy for doing the right thing to keep our streets safe and ensure laws are enforced as intended, we need to make sure that no future governor can attempt to carelessly weaken our gun safety laws.”

The bill (A-2758) would codify the definition of “justifiable need,” presently outlined only in state regulations, into state statute. The measure is a response to ex-Governor Christie’s effort to expand the definition of “justifiable need” for the purpose of obtaining a gun carry permit.

“With the natural turnover of politicians and their policies, some laws are destined to change,” said Holley (D-Union). “There are some laws, however, that regardless of partisan party politics, make too much sense to be changed. That is what we are doing to keep current and future New Jerseyans safe.”

In response to Christie’s proposed amendments, the New Jersey Legislature adopted two concurrent resolutions opposing their adoption, based on the fact that the amendments were inconsistent with legislative intent. Still, the amendments were adopted on April 3, 2017 and the Legislature filed a lawsuit in the Appellate Division of the Superior Court challenging the validity.

The Murphy administration recently withdrew its opposition to the lawsuit challenging the validity of the amendments, but Greenwald said the safety regulations need the power of law.

Under current law, in order to lawfully carry a handgun in public, it is necessary for a private citizen to obtain a permit to carry a handgun.  Applicants for a permit to carry a handgun need the approval of the chief of police in the municipality where they reside and the approval of a Superior Court judge in the county where they reside.  Approval is contingent upon a person submitting, with an application, a written certification establishing justifiable need.

Under longstanding regulation, justifiable need was 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.  In addition, the law requires the applicant, where possible, to corroborate the existence of any specific threats or previous attacks by reference to reports of the incidents to the appropriate law enforcement agencies.

This bill codifies these regulations into statute.

Both state and federal courts upheld the constitutionality of the state’s justifiable need requirement.

“Governor Christie tried to expand the scope of the right to carry well beyond what is authorized under current law and judicial interpretation,” said Moriarty (D-Camden/Gloucester). “That was entirely inconsistent with the Legislature’s intent to carefully and prudently monitor who may carry a handgun, which is for the safety and wellbeing of all New Jerseyans.”

The bill must now pass through the Senate in order to end up on  Democratic Governor Phil Murphy’s desk.