A published appellate ruling reaffirms New Jersey’s gun permitting requirements while allowing prosecution of an under-21 possession charge.
Trenton, NJ – A New Jersey appellate court has upheld key provisions of the state’s handgun laws in a published decision involving a Hudson County defendant, ruling that permit requirements remain enforceable and that age-based restrictions are constitutional.
The case centers on Jahmere Glover, who was indicted on multiple weapons charges, including unlawful possession of a handgun without a permit and possession of a handgun while under the age of 21. Glover challenged the charges, arguing they violated his constitutional right to bear arms under the Second and Fourteenth Amendments.
In its decision, the Appellate Division affirmed part of a lower court ruling and reversed another, allowing both contested charges to proceed.
Court affirms permit requirement, cites prior precedent
The appellate panel ruled that Glover could not challenge the permit requirement because he never applied for one, relying on existing case law.
“We have previously held that a defendant who does not apply for a permit to carry a handgun lacks standing to challenge a criminal charge of possession of a handgun without a permit,” the court wrote, citing State v. Wade.
“Because defendant did not apply for a permit, our decision in Wade controls,” the opinion states. “We therefore affirm the portion of the order that denied defendant’s motion to dismiss count two.”
Key Points
- NJ appellate court upheld handgun permit law in published decision
- Court ruled defendant lacked standing to challenge permit requirement without applying
- Judges also upheld constitutionality of under-21 handgun possession ban
Judges uphold under-21 handgun restriction
The court also addressed whether New Jersey’s law prohibiting handgun possession by individuals under 21 is constitutional. While the trial court had dismissed that charge, the appellate panel reversed that decision.
“Defendant does have standing to challenge that count because the lack of a permit is not an element of the charge,” the court wrote.
The panel ultimately found the law aligns with federal constitutional standards.
“We also hold that New Jersey’s statute prohibiting people under the age of twenty-one from possessing a handgun except in defined circumstances is constitutional because the statute is consistent with our Nation’s ‘historical tradition of firearm regulation,’” the court stated, citing United States v. Rahimi.
The published decision means the ruling will serve as binding precedent for similar cases across New Jersey, reinforcing both the state’s permit framework and its age-based firearm restrictions.