New Jersey has some rather stringent gun laws that, when violated, could result in a person being faced with some stiff penalties. The only time it is lawful to garry a gun in New Jersey is if you have a permit, and permits are extremely difficult to obtain. Before a resident of New Jersey or an out of state resident shall be issued a permit to carry a weapon, he or she must meet the criteria listed below:
1. A person must be “of good character who is not subject to any of the disabilities which would prevent him or her from obtaining a permit to purchase a handgun or a firearms purchaser identification card.”
2. “Has demonstrated that at the time of the application for the permit, he or she is thoroughly familiar with the safe handling and use of handguns.” An applicant can prove he or she is familiar with the safe handling and use of a handgun by:
• Completing a firearms training course that is “substantially equivalent to the firearms training approved by the Police Training Commission as described by N.J.S.A. 2C:39-6j.”
• Submitting their “most recent handgun qualification scores utilizing the handgun(s) he or she intends to carry as evidenced by test firings administered by a certified firearms instructor of a police academy, a certified firearms instructor of the National Rifle Association, or any other recognized certified firearms instructor.”
• Passed “a test in this State’s laws governing the use of force administered by a certified instructor of a police academy, a certified instructor of the National Rifle Association, or any other recognized certified instructor.”
[Source: Admin Code § 13:54-2.4].
3. “Has demonstrated a justifiable need to carry a handgun.”
[Source: Admin Code § 13:54-2.3].
Even after an individual is issued a permit to carry a handgun, there are still areas where the permit does extend to. For example, if you were to enter into an educational institution “without the written authorization of the governing officer of the institution, you shall be [found] guilty of a crime of the third degree, irrespective of whether [you] possess a valid permit to carry the firearm or a valid firearms purchaser identification card.”
If you are interested in applying for a permit to legally carry a handgun in Jersey City, NJ or any other city within the state, you will need to do the following:
1. Complete a State of New Jersey Application For Permit To Carry A Handgun, form S. P. 642 (Rev. 02/09). You are required to include references on your application and these individuals must have known you for a minimum of three years prior to the date of the application.
2. Ensure that all original copies that are submitted are notarized.
3. You will need to submit four color passport size photographs with your application package.
4. You are required to complete the Consent For Mental Health Search, form SP-66 (Rev. 01/15).
5. You will need to submit in writing a justifiable reason for why you should be issued a permit to carry a handgun and it must be detailed.
6. If your application is approved, you are required to submit written proof of qualification with the handgun(s) you intend on carrying. “This must be recent at the time of the application and must also be obtained from a certified firearms instructor.”
7. A money order in the amount of $50.00 that is made payable to, “Treasurer – State of New Jersey.”
What should I do if I was arrested in Jersey City, NJ for possession of a handgun and I didn’t have a permit?
If you failed to obtain a permit to legally carry a handgun in the State of New Jersey and were charged with unlawful possession of a gun, we recommend you contact The Law Office of Eric M. Mark to speak with a qualified criminal defense lawyer in Jersey City, NJ. Prison time is presumptive (meaning the default outcome is going to prison), as well as fines, fees, and other penalties if convicted. However, you may be eligible to get your charges reduced or even dismissed depending on the circumstances surrounding the crime you have been accused of committing.
To learn more about how we can help you get your charges dropped or reduced to a lesser degree, contact us at 201-713-2227 to schedule an initial consultation. Attorney Eric M. Mark has been helping individuals in Jersey City fight all types of criminal charges and is prepared to defend your rights and freedom too.
The Law Office of Eric M. Mark is located at:
Jersey City Office
121 Newark Avenue, Suite 515
Jersey City, NJ 07302