Search Rutgers Law Library N.J. Court Opinions

16 IN RE APPLICATION OF A.J.J. FOR A PERMIT TO CARRY A HANDGUN, ETC. -- rank: 733

... J. FOR A PERMIT TO CARRY A HANDGUN PURSUANT TO N.J.S.A. 2C:58-4.1 Submitted May 8, 2024 – Decided August 2, 2024 ... Law Division's August 29, 2022 order denying his application, N.J.S.A. 2C:58-4 required that carry permits be approved by the Superior Court. Under the then-extant version of N.J.S.A. 2C:58-4(d) (2018), an applicant for a permit to carry a ... Jersey State Police. Carlstrom, 240 N.J. at 569 (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 ... c), and the applicant otherwise satisfied the statutorily prescribed standards. N.J.S.A. 2C:58-4(d) (2018). 2 In Carlstrom, the Court explained the ...

docket:	a0493-22
court:	appellate
decided:	2024-07-31
status:	Unpublished
citation:
Document Size:	18906

17 IN THE MATTER OF THE APPLICATION FOR A NEW JERSEY PERMIT TO CARRY A HANDGUN BY RICHARD PANTANO -- rank: 733

... his application for a permit to carry a firearm under N.J.S.A. 2C:58-4. The Manalapan Township Police Chief had approved Pantano's application ... had not demonstrated "a justifiable need to carry a handgun." N.J.S.A. 2C:58-4(d). Pantano asserts the court erred in finding no justifiable ... carry, only the court may actually issue the permit. See N.J.S.A. 2C:58-4(d); see also Preis , supra , 118 N.J. at 569 (referring to N.J.S.A. 2C:58-4, "So concerned is the Legislature about this licensing process that ... to-carry law, which arguably imposed less stringent requirements than N.J.S.A. 2C:58-4, failed to survive intermediate scrutiny. Woollard , supra , 863 F. Supp ... the same reasoning, Heller would not affect the constitutionality of N.J.S.A. 2C:58-4. See Crespo , supra , 408 N.J. Super. at 42 ("[ ...

docket:	a1682-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-22
status:	published
citation:	429 N.J.Super. 478 60 A.3d 507
Document Size:	48146

18 /usr/local/share/www/libweb/collections/courts/appellate/a3678-20.opn.html -- rank: 730

... has a 'justifiable need' for such a permit pursuant to N.J.S.A. 2C:58-4(c). We affirm. I. Factor applied to Fair Haven Police ... did not meet the justifiable need requirement set forth in N.J.S.A. 2C:58- 4(c). Factor appealed that denial to the Law Division. At ... firearms; and (3) is contrary to the legislative intent of N.J.S.A. 2C:58-4(c), the very statute that establishes the requirement. He argued ... to any statutory disqualification for a handgun carry permit. See N.J.S.A. 2C:58-4(c) (providing that a handgun carry permit shall not be ... held that the constitutionality of the justifiable need requirement in N.J.S.A. 2C:58-4(c) had been established post-Heller. She noted our holding ... days of the filing of his application, as required by N.J.S.A. 2C:58-4(e). Judge O'Malley determined that the remedy for ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	14673

19 STATE OF NEW JERSEY v. BRIAN D. AITKEN -- rank: 727

... obtained a permit to carry the same as provided in N.J.S.[A.] 2C:58-4, is guilty of a crime of the third degree if ... in the home or when moving between residences. In addition, N.J.S.A. 2C:58-4 provides a reasonable mechanism for obtaining a permit to carry ...

docket:	a0467-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	91619

20 /usr/local/share/www/libweb/collections/courts/appellate/a5414-18.opn.html -- rank: 719

... justifiable need to carry a handgun in New Jersey. See N.J.S.A. 2C:58-4. Russell contends the court erred in that finding, that it ... did not address his justifiable need to carry a handgun, N.J.S.A. 2C:58-4(c). It did, however, state that in the event Russell ... application to the Superior Court on June 17, 2019, see N.J.S.A. 2C:58-4(d), which was opposed by the Hunterdon County Prosecutor. In ... with the safe handling and use of handguns required by N.J.S.A. 2C:58-4(d) and N.J.A.C. 13:54-2.4 ... safe handling and use of handguns,' satisfying the requirements of N.J.S.A. 2C:58-4(d). Although noting that Russell's application had been approved ... thus implying a required finding of justifiable need pursuant to N.J.S.A. 2C:58-4(c), Judge Borkowski found an 'express determination of justifiable ...

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21 IN RE APPLICATION FOR PERMIT TO CARRY A HANDGUN OF MARK CHEESEMAN -- rank: 714

... application for a permit to carry a firearm pursuant to N.J.S.A. 2C:58-4. We affirm. Obtaining a permit to carry a firearm 'is ... re Preis, 118 N.J. 564, 568 (1990). Pursuant to N.J.S.A. 2C:58-4, an applicant must first submit an application 'to the chief ... if there is no chief of police in the municipality. N.J.S.A. 2C:58-4(c). Under N.J.S.A. 2C:58-4(c): No application shall be approved by the chief police ... and has established a 'justifiable need' for carrying a handgun. N.J.S.A. 2C:58-4(d). However, if the application is denied by the chief of police or the superintendent, pursuant to N.J.S.A. 2C:58-4(e), the applicant 'may request a hearing in the ...

docket:	a2412-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Unpublished
citation:
Document Size:	16292

22 IN RE FIREARMS APPLICATION OF DAVEANAND DURGA -- rank: 714

... was arrested and charged with unlawful possession of the weapons, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-5b, and the ... Somerset County, on May 23, 2004 for alleged violations of N.J.S.A. 2C:58-4, N.J.S.A. 2C:39-5b, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-3j." The order ...

docket:	a1289-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-25
status:	unpublished
citation:
Document Size:	40630

23 IN RE FIREARMS APPLICATION OF DAVEANAND DURGA -- rank: 714

... was arrested and charged with unlawful possession of the weapons, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-5b, and the ... Somerset County, on May 23, 2004 for alleged violations of N.J.S.A. 2C:58-4, N.J.S.A. 2C:39-5b, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-3j." The order ...

docket:	a3908-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-25
status:	unpublished
citation:
Document Size:	40630

24 IN THE MATTER OF R.J.D. -- rank: 711

... purchase a handgun or a firearms identification card.' See also N.J.S.A. 2C:58-4(c) (incorporating the disqualifying criteria stated in N.J.S ... or the superintendent of the New Jersey State Police under N.J.S.A. 2C:58-4(c) and the 2 019 Directive. 240 N.J. at ... court's decision in the present matter, the Legislature amended N.J.S.A. 2C:58-4(d). L. 2022, c. 131, § 3, eff. Dec. 22 ... a municipality's police chief or the State Police superintendent. N.J.S.A. 2C:58-4(c). The December 22, 2022 amendments also modified the 'disqualifying ... is entitled to a permit to carry a handgun under N.J.S.A. 2C:58-4(c).5 We need not determine whether the court's ...

docket:	a0747-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-11
status:	Unpublished
citation:
Document Size:	13657

25 STATE OF NEW JERSEY v. WILLIE E. GRADY 3RD -- rank: 695

... did not have a permit to carry the weapon. See N.J.S.A. 2C:58-4. Defendant was not on duty or wearing his uniform at ... that New Jersey's 'justifiable need' requirement , then codified at N.J.S.A. 2C:58-4(d),4 was analogous to New York's unconstitutional standard ... we recently explained, Bruen eliminated only the requirement to 4 N.J.S.A. 2C:58-4 has since been amended to delete the justifiable need provision ...

docket:	a1761-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-12
status:	Unpublished
citation:
Document Size:	27872

26 STATE OF NEW JERSEY v. YSAIAS SEVERINO-LANTIGUA -- rank: 687

... 1 (Count Eight); second-degree unlawful possession of a weapon, N.J.S.A. 2C:58-4 and 2C:39-5(b) (Count Nine); second-degree possession ... a) (Count Eleven); second-degree unlawful possession of a weapon, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-5(b) (Count ... and Count Nine, second-degree unlawful possession of a weapon, N.J.S.A. 2C:58-4 and 2C:39-5(b). Pursuant to the plea agreement ...

docket:	a3906-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	32386

27 IN THE MATTER OF THE APPLICATION BY KENNETH FRIEDMAN FOR A PERMIT TO CARRY A HANDGUN -- rank: 685

... a permit to carry a concealed firearm in accordance with N.J.S.A. 2C:58-4. After the police chief denied his application, he applied to ... that controls issuance of permits for carrying concealed firearms is N.J.S.A. 2C:58-4. The statute requires that the applicant first submit a request ... by other means, clearly may not so qualify." Ibid. After N.J.S.A. 2C:58-4 was enacted in 1979, using the phrase "justifiable need," the ...

docket:	a0269-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-06
status:	unpublished
citation:
Document Size:	32540

28 STATE OF NEW JERSEY v. KARLTON L. BAILEY -- rank: 669

... 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. (2 ...

docket:	a2298-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	unpublished
citation:
Document Size:	53681

29 STATE OF NEW JERSEY v. ISRAEL HIRALDO -- rank: 661

... complete act within itself'). Because Wade concluded the provisions of N.J.S.A. 2C:58-4, with the exception of requiring a 'justifiable need' to carry ... defendant demonstrate his ability to satisfy the other requirements under N.J.S.A. 2C:58-4(c) to obtain a gun permit. See Wade, ___ N.J ... submit certifications establishing he would have satisfied other criteria under N.J.S.A. 2C:58-4(b) and -(c) to qualify for a gun-carry permit ...

docket:	a2599-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-14
status:	Unpublished
citation:
Document Size:	45422

30 IN RE THE APPLICATION OF FRANK DEPASQUALE FOR A PERMIT TO CARRY A HANDGUN -- rank: 661

... application for a permit to carry a handgun pursuant to N.J.S.A. 2C:58-4. We affirm. The following factual and procedural history is relevant ... flies in the face of the statutory scheme outlined in N.J.S.A. 2C:58-4. It fails to recognize that there was no adversary hearing ... division of powers among the three branches of government. Ibid. N.J.S.A. 2C:58-4 provides that if an application has been approved by the ... App. Div. 1981), aff'd , 90 N.J. 396 (1982). N.J.S.A. 2C:58-4 does not impair "the essential integrity" of another branch and ... J. Super. 562 , 574 (App. Div. 2000). Appellant argues that N.J.S.A. 2C:58-4 violates his due process rights. Due process is a flexible ... Univ. 971 F. Supp. 925 , 932 (D.N.J. 1997). N.J.S.A. 2C:58-4 provides procedural protections for applicants by affording them an ...

docket:	A0318-06
court:	NJ Superior Court Appellate Division
decided:	2007-06-27
status:	unpublished
citation:
Document Size:	41080