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New Jersey Legislature Sues Gov. Christie Over New Gun Law

The state’s Democratic-controlled Legislature has filed a lawsuit claiming that the Christie administration overstepped its authority when it eased a state regulation last month to allow more people to carry handguns.

The state’s Democratic-controlled Legislature has filed a lawsuit claiming that the Christie administration overstepped its authority when it eased a state regulation last month to allow more people to carry handguns.

 

After Christie proposed the changes last year, the Legislature invoked its constitutional right to block them on the grounds that the moves defied the legislative intent of the existing law. But the administration adopted the amended rule, arguing that the Legislature’s actions were “deficient.”

 

The change took effect Monday. Now, applicants need only show they face “serious threats” to receive a permit to carry a handgun. Previously, applicants had to show a “justifiable need,” a higher bar that courts have interpreted to mean “specific threats” or “previous attacks.”

 

The Legislature is seeking a stay of the new rule pending the outcome of its lawsuit. An effort by attorneys for the Legislature to have the court rule immediately on a motion for a stay was denied last week.

 

A spokesman for the governor’s office declined to comment on the lawsuit Monday. But Christie said of the Legislature during a recent radio interview: “They’re wrong and we’ll fight them.”

Caroline Cournoyer is GOVERNING's senior web editor.