diamonds, because lived in an area relatively free of crime
and no incidents showing special danger).
In In re Preis, 118 N.J. 564 (1990), the Supreme
Court also declared that employees of security agencies
may not rely upon their status as such employees alone to
satisfy this requirement. The employees must
demonstrate that they perform statutorily authorized
duties under circumstances that present a substantial
threat of serious bodily harm and that carrying of a
handgun is necessary to reduce the threat of unjustifiable
serious bodily harm to any person. Further, the
employees are not entitled to general permits which allow
them to decide in which cases there exists an urgent
necessity for protection of a person. Instead, permits
should be issued on a case-by-case basis. See In re Preis,
supra (permits denied for security agency employees
providing protection for executive officers of a tugboat
company involved in a labor dispute with some violence
because the employees did not show great need for
executives to have armed protection); see contra, 515
Associates v. City of Newark, 132 N.J. 180 (1993)
(suggesting permits would be issued to security guards of
certain large high-rise buildings because the city council
had made specific findings that such guards needed to be
armed to reduce the threat of unjustifiable serious bodily
harm to themselves and others).
D. How To Obtain A Permit To Carry A Handgun
Applications for original and renewal permits or
cards shall be made in the form prescribed by statute.
N.J.S.A. 2C:58-4b. Any application to carry a handgun
by an employee of an armored car company shall also be
accompanied by a letter from the chief executive officer of
that company and containing the information prescribed
by statute. N.J.S.A. 2C:58-4.1. Applications must be
made to the chief police officer of the municipality where
the applicant resides or to the superintendent in all other
cases and if the applicant is an employee of an armored car
company. N.J.S.A. 2C:58-4c.
The chief police officer or the superintendent shall
investigate the same, including obtaining the
fingerprints of the applicant and shall have them
compared with any and all records of fingerprints. He
must also determine and record a complete description of
each handgun the applicant intends to carry. N.J.S.A.
2C:58-4c. The chief police officer or superintendent
must approve or deny approval of the application within
sixty days of filing. If no action is taken within this time,
the application shall be deemed to have been approved
unless the applicant agrees to an extension of time in
writing. N.J.S.A. 2C:58-4c.If the application has been approved by the chief
police officer or the superintendent, the applicant must
present it to the Superior Court of the county in which
he resides or, in any other case, to the Superior Court of
the county in which he intends to carry a handgun. The
court shall issue the permit only if it is satisfied that the
applicant meets all three of the statutory criteria. At the
time of issuance, the required permit fee must be paid.
N.J.S.A. 2C:58-4d.The court has the discretion to issue a limited-type
permit restricting the types of handguns to be carried as
well as where and for what purposes such handguns may
be carried. N.J.S.A. 2C:58-4d. These limiting
conditions must be followed, and any violations of such
conditions will be grounds for revocation. State v.
Neumann, 103 N.J. Super. 83 (N.J. Co. 1968)E. Duration Of AuthorityPermits expire two years from the date of issuance. In
the special case of an employee of an armored car
company, the permits expire either two years from the
date of issuance or upon termination of employment by
the company, whichever is earlier. Permits may be
renewed every two years in the same manner and subject
to the same conditions as in the case of original
applications. N.J.S.A. 2C:58-4a.Any permit issued will be void if the holder becomes
subject to any of the listed disabilities and must be
immediately surrendered to the superintendent, who
will notify the licensing authority. N.J.S.A. 2C:58-4f.F. Appeal From DenialAny person aggrieved by the denial of approval of a
permit by the chief police officer or superintendent may
request a hearing in the Superior Court of the county in
which he resides or, in all other cases, in the Superior
Court of the county in which his application was filed.
The request for a hearing shall be made in writing within
thirty days of the denial and proper service given. No
formal pleading or filing fee shall be required. The
hearing shall be held within thirty days. Appeals from
the results of such hearing shall be in accordance with the
law. N.J.S.A. 2C:58-4e.If the chief police officer or superintendent approves
an application and the Superior Court denies the