A Concurrent Resolution concerning legislative review of rules and regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey and prohibiting the adoption of certain proposed Division of State Police rules and regulations.

Whereas, Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation adopted or proposed by an administrative agency to determine if it is consistent with the intent of the Legislature, and invalidate an adopted rule or regulation or prohibit the adoption of a proposed rule or regulation if it finds that the rule or regulation is not consistent with legislative intent; and

Whereas, Upon finding that a rule or regulation, either proposed or adopted, is not consistent with legislative intent, Article V, Section IV, paragraph 6 provides that the Legislature shall transmit its findings in the form of a concurrent resolution to the Governor and the head of the Executive Branch agency which promulgated, or plans to promulgate, the rule or regulation, and the agency shall have 30 days from the time the concurrent resolution is transmitted to amend or withdraw the rule or regulation; and

Whereas, If the agency does not amend or withdraw the existing or proposed rule or regulation, Article V, Section IV, paragraph 6 provides that the Legislature may invalidate or prohibit the adoption of the proposed rule or regulation, following a public hearing held by either House on the invalidation or prohibition, the placement of a transcript of the public hearing on the desks of the members of each House of the Legislature in open meeting followed by the passage of at least 20 calendar days, and a vote of a majority of the authorized membership of each House in favor of a concurrent resolution invalidating or prohibiting the adoption of the rule or regulation; and

Whereas, On March 7, 2016, the Division of State Police in the Department of Law and Public Safety proposed for public comment in the New Jersey Register a rule proposal concerning the Application for a Permit to Carry a Handgun pursuant to N.J.A.C.13:54-2.4; the rule proposal expands the circumstances under which justifiable need to carry a handgun can be based to include "serious threats," in addition to specific threats and previous attacks, which cannot be avoided by "reasonable" means other than by issuance of a permit; and

Whereas, This notice of proposal cites N.J.S.2C:39-1 et seq. and N.J.S.2C:58-1 et seq. as the statutory authority for the rule proposal; and

Whereas, Senate Concurrent Resolution No. 101 (1R) and Assembly Resolution No. 175 declared that the proposal by the Division of State Police, published for public comment in the New Jersey Register on March 7, 2016 (48 N.J.R.377(a)), to revise the rule concerning Application for a Permit to Carry a Handgun, N.J.A.C.13:54-2.4, is not consistent with legislative intent; and

Whereas, On June 16, 2016, Senate Concurrent Resolution No. 101 (1R) received final approval by the Legislature and was transmitted to the Governor, the Attorney General, and the Superintendent of State Police in the form of a concurrent resolution filed on June 16, 2016 with the Secretary of State and published on the Legislature's public website, and again on July 5, 2016 through a letter mailed by the Clerk of the General Assembly to the Governor, the Attorney General, and the Superintendent of State Police; and

Whereas, Senate Concurrent Resolution No. 101 (1R) expressed the Legislature's finding that the proposal by the Division of State Police on March 7, 2016 was not consistent with legislative intent and informed the Governor, the Attorney General, and the Superintendent of State Police, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, that the superintendent shall have 30 days following transmittal of that concurrent resolution to amend or withdraw the proposed rules and regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to prohibit the adoption of the proposed rules and regulations in whole or in part; and

Whereas, The Division of State Police has failed to amend or withdraw, or provide any notification to the Legislature of its intention to amend or withdraw, the proposed regulations within 30 days after Senate Concurrent Resolution No. 101 (1R) was transmitted to the Governor, the Attorney General, and the Superintendent of State Police; and

Whereas, Prior to voting on a concurrent resolution to invalidate an adopted rule or regulation or prohibit the adoption of a proposed rule or regulation, a public hearing shall be held on invalidating or prohibiting the adoption of the proposed rule and the transcript of that hearing shall be placed on the desk of each member of the Senate and each member of the General Assembly; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The Legislature prohibits adoption of the proposed rules and regulations published by the Division of State Police for public comment in the New Jersey Register on March 7, 2016 (48 N.J.R.377(a)), to expand the justifiable need standard for carrying a handgun pursuant to N.J.A.C.13:54-2.4 to include "serious threats" in addition to specific threats and previous attacks, which cannot be avoided by "reasonable" means other than by issuance of a permit.

2. Copies of this concurrent resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Governor, the Attorney General, the Superintendent of State Police, and the Office of Administrative Law.

3. This concurrent resolution shall take effect immediately.

STATEMENT

Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, this concurrent resolution prohibits adoption of the rules and regulations proposed by the Division of State Police for public comment in the New Jersey Register on March 7, 2016 to expand the circumstances in N.J.A.C.13:54-2.4 (Application for a Permit to Carry a Handgun) under which justifiable need to carry a handgun can be based to include "serious threats" in addition to specific threats and previous attacks, which cannot be avoided by "reasonable" means other than by issuance of a permit.

As required by the Constitution, the Legislature previously informed the Governor, the Attorney General, and the Division of State Police, through Senate Concurrent Resolution No. 101 (1R) of 2016, of the Legislature's finding that this rule proposal is not consistent with legislative intent.