Gun Watch – by Dean Weingarten
State laws in the “may issue” states vary quite a bit. In New York, it appears that the state has to grant a license, or at lease deny one withing a certain time limit, but bureaucratic maneuvers make it vary across the State and the time limits are widely ignored. It is impossible to get a permit in New York City. In New Jersey, permits are pretty much limited to former police officers, former judges, and the politically connected. In Hawaii, almost no one gets permits except for a few armed guards.
Almost all of this is based on vague language in the law that allows the permit granting authority wide “discretion” on who gets permits. An astute observer in New Jersey, Ryan Cruzan, states his belief that Governor Christie has the authority to alter what has become common practice in the New Jersey, by changing the administrative code. From nj.com:
At a recent town hall meeting in Whippany, Gov. Chris Christie was asked if he would make N.J. the 48th state to recognize the right to carry a firearm for self-protection. He replied that although he supports the Second Amendment, it would require an act of the legislature to change the law.
N.J. offers a permit to carry a handgun but the statute requires you to demonstrate “justifiable need” to be granted such a permit. The definition of “justifiable need” is so onerous that qualification is nearly impossible. Interestingly, this definition of “justifiable need” is not found in the statute. The definition of “justifiable need” is found in the administrative code which was written and adopted by the executive branch.
That section of the administrative code is currently being readopted by the executive branch with several changes. Gov. Christie has the authority to include a change to allow N.J. residents to exercise the rights that are enjoyed by 12 million safe and responsible permit holders in 47 other states. In doing so, he would shift the balance of power from N.J.’s armed criminals to N.J.’s law abiding residents.
I am not familiar with New Jersey administrative code, so I cannot verify what Mr. Cruzan asserts as correct or not. Having a little experience in bureaucracies over my 30 year career in the Department of Defense, I can say that bureaucracies are very resistant to change. A determined executive can make change happen, but it is not easy, and it is not accomplished with a simple stroke of a pen.
There may be court rulings that depend on those administrative rules, so the bureaucracy will be saying that change should proceed slowly and cautiously. Bureaucracies are masters of delaying tactics. I would like to see Governor Christie pursue changes to reform the New Jersey administrative rules to restore some semblance of second amendment rights to the state, but it seems unlikely. Every time that the Governor has stood up for second amendment rights, it has been while he was being heavily pressured by second amendment supporters.
©2015 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch
http://gunwatch.blogspot.com/2015/04/could-governor-christe-change-nj-gun.html
“Shall Not BE Infringed ” Motherf-er..what so hard about that to understand?
shove your so called “permit” up yer a$$
“N.J. offers a permit to carry a handgun but the statute requires you to demonstrate “justifiable need” to be granted such a permit.” ..NO we dont NEED to prove a dam thing to you , that is an infringement
Actually, that title is about three words too long…
“Could Governor Christe Change NJ Gun Law with a Stroke?”
I can dream, can’t I?
Hahhaha yeah the sooner the better
Beat me too it duder-11hr head star tho;)~ As the singin sage George Thorogood once crooned in his ode to hard times & alcohol rhymes….
“Evraaabodee Funaaay”
Particularly true here with the inpatients @ the asylum.
“He replied that although he supports the Second Amendment, it would require an act of the legislature to change the law.
N.J. offers a permit to carry a handgun but the statute requires you to demonstrate “justifiable need” to be granted such a permit.”
WOW! Talk about hypocrisy. “I support the Second Amendment and I don’t want you to own guns.”
WHHHATTT????!!!
I’m confused. 😯 Does fat bastard even know what the Second Article is? Did he even read the Second Article once in his entire life?
That’s like saying you support bartenders and that you don’t want them to sell beer. That’s like saying you support movie theaters and that you don’t want people to watch movies in them. That’s like saying you support people driving cars and that you don’t want them to drive.
In the case of a private citizen shall specify in detail 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 a handgun. Where possible the applicant shall corroborate the existence of any specific threats or previous attacks by reference to reports of such incidents to the appropriate law enforcement agencies. This is the problem. The admin code of a carry permit. Gov can direct the attorney general to change it to self defense. Who will then direct the Superintendent of NJSP.
Dean Weingarten makes a good point, the administrative code is based on a court case. In 1970 – Siccardi v. State. The judge ruled that NJ’s restrictivve permitting system is constitutional because (1) the 2A does not protect an individual right and (2) it doesn’t apply to states, only the federal government.
But SCOTUS changed that in 2008 in Heller v. DC when they clearly said it is an individual right. Then in 2010, in McDonald v. Chicago, they said it applied to the states. So Siccardi is no longer valid. Unfortunately, I only had 200 words for my letter to the editor so some important stuff was left out.
Thanks for picking this up and adding it to your news.