Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. DAANDRE J. WADE -- rank: 1000

... permit statute in effect at the time of their arrest, N.J.S.A. 2C:58-4 (2018), was facially unconstitutional under Bruen. Defendants contended that because the 'justifiable need' provision in N.J.S.A. 2C:58-4(c) (2018) was unconstitutional, all provisions of N.J.S.A. 2C:58-4 (2018) and N.J.S.A. 2C:39- 5(b ... challenge even when the challenger lacks standing). We hold that N.J.S.A. 2C:58-4 (2018) and N.J.S.A. 2C:39-5(b ... justifiable need requirement set forth in A-2377-22 3 N.J.S.A. 2C:58-4(c) (2018) was severable and the remaining provisions of N.J.S.A. 2C:58-4 (2018), as well as N.J.S.A. 2C: ...

docket:	a2377-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-10
status:	Published
citation:
Document Size:	55294

2 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 975

... establish a 'justifiable need' to carry a handgun pursuant to [ N.J.S.A. ] 2C:58-4." Assembly Law & Public Safety Committee Statement to Assembly Committee Substitute ...

docket:	a3704-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	433 N.J.Super. 560 81 A.3d 728
Document Size:	171384

3 In re Application for Permit to Carry a Handgun of Calvin Carlstrom -- rank: 949

... in New Jersey through the two- step process provided by N.J.S.A. 2C:58-4. The applicant must first apply “to the chief police ... in which the applicant resides, or to the superintendent,” N.J.S.A. 2C:58-4(c), and then, if approved, “the applicant shall forthwith present it to the Superior Court,” N.J.S.A. 2C:58-4(d). The application itself is subject to many requirements, which ... Court of the county in which the applicant resides,” N.J.S.A. 2C:58-4(d). If, however, the police chief or superintendent denies the ... “may request a hearing in the Superior Court.” N.J.S.A. 2C:58-4(e). Despite its overarching specificity, the statute is silent as ... in which the applicant resides, or to the superintendent.” N.J.S.A. 2C:58-4(c). If the police chief or superintendent approves the ...

docket:	a-63-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	33354

4 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 925

... case does not involve New Jersey's carry permit statute, N.J.S.A. 2C:58-4. A-2535-20 31 Before Bruen, the Third Circuit analyzed ... of 'justifiable need' for a handgun carry permit, such as N.J.S.A. 2C:58-4(d), as does the Attorney General. See Attorney General, Law ... required a showing of 'justifiable need' for a carry permit, N.J.S.A. 2C:58-4(d) (since amended). Bruen emphasized that its holding did not ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
citation:
Document Size:	131573

5 IN THE MATTER OF THE APPLICATION FOR A PERMIT TO CARRY A HANDGUN PURSUANT TO N.J.S.A 2C:58-4 -- rank: 901

... APPLICATION FOR A PERMIT TO CARRY A HANDGUN PURSUANT TO N.J.S.A. 2C:58-4 FILED BY JOSEPH A. RACANELLI. ______________________________________________ June 23, 2015 2 Submitted ... had not demonstrated "a justifiable need to carry a handgun." N.J.S.A. 2C:58-4(c). The applicant requested a hearing in the Superior Court ... permit and the judge entered an order, denying the application. N.J.S.A. 2C:58-4(e). The applicant appeals. The Morris County Prosecutor’s Office ... carry a handgun to Harding Township Police Chief Mark Giansanti. N.J.S.A. 2C:58-4(c). In an e-mail to the chief, the applicant ... 12, 2013, in the Law Division, Criminal Part, Morris County. N.J.S.A. 2C:58-4(e). The applicant appeared with counsel and the prosecutor appeared ... stressful circumstances and that he had not shown "justifiable need." N.J.S.A. 2C:58-4. On March 21, 2014, the judge, consistent with his ...

docket:	a3584-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	35327

6 IN THE MATTER OF THE APPLICATION FOR A RETAIL FIREARMS DEALER'S LICENSE RENEWAL BY CAYUSE CORP LLC -- rank: 818

... disqualifying facts. 9 We have held that similar language in N.J.S.A. 2C:58-4, which governs carry permits, puts the burden on the applicant ... that he has a justifiable need to carry a handgun. [ N.J.S.A. 2C:58-4(d).] In In re Wheeler , 433 N.J. Super. 560 ... justifiable need to carry a handgun." [ Id. at 575 (quoting N.J.S.A. 2C:58-4(d) (emphasis in original).] We also held in Pantano , supra ... 2. Both N.J.S.A. 2C:58-2 and N.J.S.A. 2C:58-4 provide, in essence, that the court shall grant the license ...

docket:	a4229-11
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	published
citation:	445 N.J.Super. 80 136 A.3d 418
Document Size:	53283

7 State v. David Bass -- rank: 802

... handgun, N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:58-4; second-degree possession of a weapon for an unlawful purpose ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

8 IN THE MATTER OF P.L. -- rank: 794

... 3, or a permit to carry a handgun pursuant to N.J.S.A. 2C:58-4; 2. [P.L.] shall surrender to law enforcement any fiream1s ...

docket:	a2813-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:	Unpublished
citation:
Document Size:	38197

9 STATE OF NEW JERSEY VS. JENNIFER SWEENEY -- rank: 781

... degree unlawful possession of a weapon on November 24, 2015, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-5(b) (count ...

docket:	a3186-21
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	133967

10 State of New Jersey v. Robert R. Simon -- rank: 775

... five); third-degree unlawful possession of a firearm, contrary to N.J.S.A. 2C:58-4 and 39-5b (count six); and second-degree possession of ...

docket:	a-149-97
court:	njsupreme
decided:	1999-08-11
status:
citation:	161 N.J. 416
Document Size:	211768

11 IN THE MATTER OF ANTHONY DUBOV -- rank: 762

... a handgun without a permit to carry granted pursuant to N.J.S.A. 2C:58-4). Appellant's lack of understanding and his intent to illegally ...

docket:	a1829-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-04
status:	unpublished
citation:
Document Size:	37644

12 IN THE MATTER OF THE APPEAL OF THE DENIAL OF DOUGLAS F. CIOLEK'S APPLICATION FOR A FIREARMS PURCHASER -- rank: 757

... application for a permit to carry a handgun pursuant to N.J.S.A. 2C:58-4(c) and denying his summary judgment motion for an order declaring N.J.S.A. 2C:58- - 4(c) and (d) and N.J.A.C. 13:54 ... or she] has a justifiable need to carry a handgun.' N.J.S.A. 2C:58-4(c); see also N.J.S.A. 2C:58-4(d). In November 2017, the Denville Police Chief denied Ciolek ... COURT ERRED BY FINDING THAT THE JUSTIFIABLE NEED PROVISIONS OF N.J.S.A 2C:58-4(c) & (d) and N.J.A.C. 13:54-2 ... C. ASSUMING A PROPER STANDARD OF REVIEW IS EVEN NECESSARY, N.J.S.A. 2C:58- 4(c) & (d) and N.J.A.C. 13:54- ...

docket:	a3510-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-01
status:	Unpublished
citation:
Document Size:	10902

13 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF WEAPONS, ET AL. -- rank: 749

... that New Jersey's 'justifiable need' requirement, then codified at N.J.S.A. 2C:58-4(c), was analogous to New York's unconstitutional standard. Bruen ...

docket:	a3418-21a3419-21
court:	appellate
decided:	2024-06-03
status:	Unpublished
citation:
Document Size:	47917

14 IN THE MATTER OF JOSEPH REINA -- rank: 741

... Law Division's October 27, 2022 order denying his application, N.J.S.A. 2C:58-4 required that carry permits be approved by the Superior Court ... 13, 2018. More particularly, under the then-extant version of N.J.S.A. 2C:58-4(d), an applicant for a permit to carry a handgun ... In re Carlstrom, 240 N.J. 563, 569 (2020) (quoting N.J.S.A. 2C:58-4(c) (2018)). Where, as here, a chief of police of ... present [the approved application] to the Superior Court[.]' Ibid. (quoting N.J.S.A. 2C:58-4(d) (2018)). It was then incumbent on the court to ... 3],' and the applicant otherwise satisfied other statutorily prescribed standards. N.J.S.A. 2C:58-4(d) (2018). In Carlstrom, the Court explained the procedural requirements ... or the superintendent of the New Jersey State Police under N.J.S.A. 2C:58-4(c). 240 N.J. at 571-72. The Court ...

docket:	a0638-22
court:	NJ Superior Court Appellate Division
decided:	2023-06-27
status:	Unpublished
citation:
Document Size:	21707

15 STATE OF NEW JERSEY v. TENNEYSON D FAIRCLOUGH -- rank: 735

... weapon, N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:58-4 (count six); and second- degree certain persons not to have ... obtained a permit to carry the same as provided in [ N.J.S.A.] 2C:58-4, is guilty of a crime of the second degree.' A ... the ''justifiable need'' to carry a handgun requirement contained in N.J.S.A. 2C:58-4(d), 'it did not disturb any other parts of the ... satisfy. (Emphasis added). After Bruen was decided, the Legislature amended N.J.S.A. 2C:58-4 in December 2022, see L. 2022, c. 131, § 3 ...

docket:	a3677-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-26
status:	Unpublished
citation:
Document Size:	37837