Permit to Carry vs. Permit to Possess a Handgun – PA vs. NJ

 

Sadly, people often assume that a permit to carry in one state like Pennsylvania extends that privilege to other states like New Jersey.  This is simply incorrect and could lead to a serious criminal charge if police stop you and you don’t have the necessary permit.  The Commonwealth of Pennsylvania and the State of New Jersey both maintain strict gun laws but each jurisdiction treats a permit to carry a handgun differently. 

 

Unlike Pennsylvania, most individuals aren’t able to obtain a license to carry a handgun in New Jersey.  Further, New Jersey, unlike the Commonwealth requires a permit to even purchase and possess a handgun (2C:39-5(b))!  Read my recent article on this topic for more information.  It is important to keep in mind, however, that a permit to possess is not a permit to carry in New Jersey!  Keep reading to find out the requirements for a permit to carry in the Garden State.  New Jersey also requires a permit to possess an assault rifle (2C:39-5(f))   

 

New Jersey is a “May Issue” Gun Jurisdiction

 

New Jersey is known as a “may issue” state similar to New York, Delaware, Massachusetts, and Connecticut.  This means that the Chief of Police for that city or county has the discretion to determine who can receive a permit to carry a gun.  Any person who wants to carry in the State must make an application to the New Jersey State Police or local law enforcement.  In addition to this application, the person must submit the names of 3 “reputable persons” who have known the applicant for 3 years and who can certify that the person is of “good moral character and behavior.” 

 

In addition to these requirements the applicant needs to obtain a permit to purchase a handgun or a Firearm Purchaser Identification Card.  The applicant must also demonstrate “thorough familiarity” with the safe handling and use of a handgun through an approved firearms training course.

 

Finally, the applicant must show a justifiable need to carry a handgun.  The applicant must indicate this need in written certification under oath.  The need must show in detail the following:

 

• An urgent necessity for self protection
• specific threats or previous attacks which demonstrate a special danger to the applicant’s life that can’t be avoided by other than the issuance of permit to carry
• Possible corroboration of threats/violence – Police Reports of previous incidents

 

Even if the applicant satisfies all of these requirements, a Superior Court Judge for that county in New Jersey must approve the issuance of the permit.  If the permit is issued, its only good for 2 years and renewal applications are subject to the same requirements. 

 

The bottom line is that obtaining a license to carry a handgun in New Jersey is extremely difficult, if not impossible.   The term “may issue” is really just another way of saying “wont issue.” 

 

Pennsylvania is a “Shall Issue” Gun Jurisdiction

 

Pennsylvania, however, unlike the Garden State is a “shall issue” state similar to Virginia, West Virginia, North Carolina, Ohio and a large number of other states. 

This means that while a person needs to obtain a license to carry a handgun, the Granting Authority (Sheriff or Police Chief (Philadelphia County) has no discretion to deny an applicant provided that he or she meets the necessary character and fitness requirements.  Unlike New Jersey, there’s no requirement that the applicant demonstrate "good cause" for the weapon.  While an applicant in Pennsylvania doesn’t need to demonstrate “good cause”, law enforcement has 45 days to conduct an investigation into a person’s background to determine eligibility.

 

While Pennsylvania doesn’t restrict the type of firearm a person may purchase within the Commonwealth, it does limit who may possess a firearm (Title 18, Section 6105)

 

It’s obviously much easier to obtain a permit to carry in Pennsylvania than New Jersey.  If you get a permit to carry in Pennsylvania, however, it’s not valid on New Jersey despite the physical proximity of the two states.  Carrying a gun or firearm in Pennsylvania without a permit is violation of Title 18, Section 6106 and possibly Section 6108 if the violation occurs in Philadelphia.     

 

For those traveling, Pennsylvania, unlike, New Jersey does have reciprocity with the following states:

 

Alaska

Arizona

Arkansas

Colorado

Florida

Georgia

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Michigan

Mississippi

Missouri

Montana

New Hampshire

North Carolina

North Dakota (restricted)

Oklahoma

South Dakota

Tennessee

Texas

Utah (residency restricted)

Vermont

Virginia (residency restricted)

West Virginia

Wisconsin

Wyoming

 

 

For more information about guns in Pennsylvania, I encourage you to keep reading this blog and visit my free download section