Gun Group Seeks Ease of Restrictions on Firearm Carry Permits in New Jersey

NJ Gun Carry Permit AttorneysA New Jersey gun-rights group affiliated with the NRA has filed a lawsuit in NJ federal court challenging the current restrictions on handgun carry permits in the state.

The Association of New Jersey Rifle & Pistol Clubs, along with Wall Township resident Thomas Rogers, filed a lawsuit in federal court in Newark, New Jersey on Monday. The purpose of the suit is to have the “justifiable need” requirement for a handgun carry permit in New Jersey overturned.

Under current New Jersey law, a person seeking a permit to carry a gun in public must show a “justifiable need” to do so. Notably, a justifiable need must be specific, not general. In other words, you cannot simply apply for a gun carry permit because you are generally afraid for your safety. You must demonstrate with evidence that you have been subjected to specific threats or attacks that show  your life is in danger. If you cannot provide sufficient evidence of justifiable need, your application for a permit to carry a handgun in New Jersey will likely be denied.

The plaintiff named in this case, Rogers, submitted an application for a permit to carry a handgun and was denied. He is the owner and operator of an automatic teller machine business, which involves transporting significant sums of cash throughout New Jersey. His initial application in Wall Township was rejected by the police chief, who decided Rogers was not under specific threat of imminent harm. The denial was subsequently affirmed by a judge in New Jersey Superior Court.

Now, Rogers and the ANJRPC have taken the case to a higher court for a decision. The ANJRPC was previously involved in a similar lawsuit in 2010. The former lawsuit, Muller v. Maenza, was dismissed by a U.S. District Court, the dismissal was affirmed by an Appeals Court, and then the U.S. Supreme Court declined to hear the case in 2014.

This case, Rogers v. Grewal, argues that the “justifiable need” requirement is individually evaluated in each carry permit application case and thus, is a violation of the Second Amendment. Although this issue has been raised before in New Jersey, a recent ruling in Washington, D.C. may have paved the way for a new decision. In the case of Wrenn v. District of Columbia, a court deemed a similar law unconstitutional.

The outcome in the Rogers case remains to be seen. However, unless something changes, people in New Jersey will continue to be exposed to serious criminal charges if they are found possession of a handgun without a valid carry permit. In fact, unlawful possession of a handgun is a second degree crime in New Jersey, punishable by up to 10 years in prison.

Under New Jersey’s unlawful possession of a weapon statute, N.J.S.A. 2C:39, any person in possession of a handgun without a valid carry permit is guilty of a crime. If the gun is an air gun, spring gun or pistol, or similar type of firearm, this is a third degree crime. In all other cases, illegal possession of a handgun is a second degree crime. Additionally, the Graves Act imposes mandatory minimums for those convicted of gun crimes in New Jersey.

What should I do if I’m charged with unlawful possession of a gun in New Jersey?

Contact an experienced criminal defense lawyer as soon as you can. Depending on the circumstances of your specific case, you may be eligible for the Pretrial Intervention Program (PTI) or a Graves Act Waiver. A knowledgeable New Jersey weapons defense attorney can also examine the evidence against you to find potential violations of your constitutional rights that may provide grounds for a dismissal. If you or a loved one has been charged with a violation of N.J.S.A. 2C:39, it is critical to know and understand your rights. Contact the attorneys at The Tormey Law Firm at (201)-556-1570 for a free consultation. You can also arrange a free case evaluation by contacting us online.

To read more about this case, access the following articles:

NJ Curbs on Right to Carry Weapons Face New Challenge

NRA Supports Challenge of New Jersey’s Restrictive Concealed Carry Permit System

Testimonials

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map

Daily Record Daily Record
CBS Radio CBS Radio
NJ dot com NJ dot com
The Record The Record
AOL News AOL News
Asbury Park Press Asbury Park Press