NYSRPA v. Bruen: The Supreme Court Gun Case and the Effect on New Jersey Gun Laws

The Decision – NYSRPA v. Bruen

Prior to the decision in New York State Rifle and Pistol Association v. Bruen, the State of New York made it a crime to possess a firearm without a license.  Pursuant to New York’s Penal Code § 400.00(2)(f), an individual who wanted to carry a firearm outside their home could (in theory) obtain an unrestricted license to “have and carry” a concealed “pistol or revolver” if they could prove that “proper cause exists” for doing so. 

When applying for a permit to carry concealed, the New York Courts had previously determined that an applicant satisfies the “proper cause” requirement only if they can “demonstrate a special need for self-protection distinguishable from that of the general community.”  

In the Bruen decision, the law in New York was challenged by two New York residents, Brandon Koch and Robert Nash.  Pursuant to the decision, Koch and Nash are adult, law-abiding New York residents who both applied for unrestricted licenses to carry a handgun in public based on their generalized interest in self-defense.  Their application was denied and they appealed that decision.  

The District Court (the appellate court) dismissed their complaint.  The case was appealed to the Second Circuit Court of Appeals, which affirmed Koch and Nash’s denial of their applications.  The Second Circuit held that the “proper cause” requirement was “substantially related to the achievement of an important governmental interest.”  The United States Supreme Court granted certiorari (allowing the appeal to be heard before the Court).  The United States Supreme Court overturned the decision below and held that individuals may apply for a permit to carry concealed without the requirement of having to show a “proper need”. 

In rendering its decision in NYSRPA v. Bruen, the United States Supreme Court relied on the cases of District of Columbia v. Heller, 554 U.S. 570, and McDonald v. Chicago, 561 U.S. 742, the Court held that the Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense.  Since Heller and McDonald, the Courts of Appeals have developed a “two-step” framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. The Bruen Court rejected that two-part approach as having “one step too many.” 

The Court ruled that, consistent with Heller, when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.  To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.  Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Konigsberg v. State Bar of Cal., 366 U. S. 36, 50, n. 10 (1961). 

The Court concluded that the respondent (the New York State Police)  had failed to meet its burden to identify an American tradition justifying New York’s proper-cause requirement.  All told, NYSRPA v. Bruen, now allows individuals to apply for a permit to carry concealed without the requirement of having to show a “proper need”.  Applicants are still required to comply with all other gun law requirements, including background checks. 

How Does the NYSRPA v. Bruen Affect New Jersey Gun Rights?

The United States Supreme Court gun ruling not only affects New York residents, but individuals all across the country, including New Jersey. 

In New Jersey, prior to NYSRPA v. Bruen, citizens were required to show a “justifiable need” in order to obtain a permit to carry a weapon.  The law required that applicants “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 reasonable means other than by issuance of a permit to carry a handgun.”  

While the “justifiable need” standard was theoretically possible to meet, as a practical matter it was insurmountable.  If the applicant was a retired law enforcement officer or an armored car driver, the application was likely to be approved.  Absent those 2 unwritten exceptions, virtually no one in New Jersey was able to show a “justifiable need” that resulted in the approval of an application. 

Since the Supreme Court gun ruling in Bruen, New Jersey has removed the “justifiable need” requirement from the conceal carry permit application process.  Now, someone applying for a concealed carry permit in New Jersey must, amongst other things,

1. Pass a background check;
2. Submit three (3) references; and
3. Satisfy the New Jersey training requirement for firearms carry permits.

The New Jersey Application for Permit to Carry a Handgun has been updated and is now online.  

The three (3) references are required to be from individuals who can attest that the applicant is “a person of good moral character and behavior and who is capable of exercising self control.” That said, what disqualifies you from owning a gun has not changed. The only real change in New Jersey gun laws is the removal of the “justifiable need” requirement. All other requirements remain in full force. Failure to comply with New Jersey gun requirements will continue to expose individuals to criminal weapons charges.  While it is now much easier to obtain such a permit, the penalties for non-compliance have not changed.  

New Jersey Establishment of SAFE Office

In July 2022, the New Jersey Attorney General issued a directive addressing gun safety and enforcement. Attorney General Directive 2022-08 stated that  “gun violence is a public health and safety crisis in New Jersey and across the country” and “[k]eeping the people of New Jersey safe from gun violence using all of the tools available to us is one of the most important responsibilities of the Department of Law and Public Safety.”  

The Directive further stated that “the Legislature passed and Governor Murphy signed P.L.2022, c.56, to strengthen the civil enforcement tools available to address the problem of gun violence by authorizing the Attorney General to bring a statutory public nuisance cause of action and investigate potential violations of the statute. The legislation anticipates that the Attorney General may delegate this statutory authority to a unit of the Department of Law and Public Safety, along with such other functions, powers, and duties vested in the Department of Law and Public Safety as the Attorney General may deem appropriate.”

As such, the New Jersey Attorney General established the New Jersey Statewide Affirmative Firearms Enforcement (SAFE) Office.  

Penalties for Gun Law Violations

Despite the supreme court gun case, New Jersey gun laws remain some of the strictest in the country.  The penalties for violating New Jersey gun laws are harsh and unchanged by the supreme court gun decision.  

For example, if you possess a firearm without a permit or are traveling outside of your home with a firearm and do NOT have a permit to carry concealed, that is a violation of New Jersey’s gun laws.  The applicable criminal charge is Unlawful Possession of a Weapon, a Crime of the Second Degree.  That carries with it a potential penalty of between 5 to 10 years in New Jersey State Prison. It is also subject to the Graves Act, which calls for a mandatory minimum State Prison Sentence of 5 years with 3.5 years of parole ineligibility (commonly referred to as, “5 do three and a half”).  

In addition, out of State permits are not applicable in New Jersey.  As such, if an out of State resident (such as someone from Pennsylvania) comes to New Jersey in possession of a firearm and is not transporting the weapon consistent with New Jersey gun laws, they can be charged with Unlawful Possession of a Weapon.  It is not a defense to have an out of state permit and/or permit to carry concealed.  

Call Us for Legal Representation in Your Criminal Case 

If you have questions about gun laws in New Jersey, weapons charges or violent crimes in New Jersey, you can rely on the criminal defense attorneys at Rosenberg, Perry & Associates, LLC to give you the answers you need. We will evaluate your situation and present the full range of options available in your case. Together, we can decide upon the best course of action. You can reach us by phone at (609) 216-7400 or visit us online today.