OLD TAPPAN—A split Borough Council narrowly defeated a resolution that would have refunded a $150 municipal permit fee to local gun owners who apply for a concealed carry permit, and the issue is gaining interest.
The permit fee has been challenged by several statewide Second Amendment organizations for allegedly infringing on citizens’ rights. That effort, which has already won support in Dumont and other Bergen County towns, was backed in Old Tappan by two local councilors who introduced and voted for the refund resolution.
Supporters said they would seek additional backing from municipal leaders statewide, raising the possibility that Pascack Valley towns could soon be asked to take similar votes.
Following discussions at the July and August council meetings, the Old Tappan Council voted, 3-2, on Aug. 18 to defeat the resolution. The state charges a total $200 application fee, with $50 going to the New Jersey State Police and $150 retained by local police for processing.
The refund resolution was introduced by Juan Marti and seconded by Cort Gwon on Aug. 18. Voting in favor were Marti and Gwon. Opposed were Council President William Boyce and members Ron Binaghi Jr. and Jin Yhu. Member Christine Massaro was absent.
Pascack Press reached out to Marti and Gwon for comment; Gwon told us, “Sorry, I’m not allowed to have my name in the press. But thanks for reaching out.”
In contrast, Marti told Pascack Press, “While I am disappointed with the recent vote, I intend to continue to work to get this measure passed in Old Tappan. More than just protecting a core constitutional right, the issue at the center here is about fairness and a violation of equal protection. The Supreme Court struck down a $1.50 poll tax on the basis that it was discriminatory. Using financial barriers to prevent people below a certain economic threshold from exercising a core constitutional right is simply immoral and wrong. Towns across the state have begun passing this resolution, and I am committed to doing so here.”
Marti said the $200 carry permit fee — including a $150 municipal processing fee — infringes on Second Amendment rights by putting a tax on a constitutional right to carry a gun.
We did not hear back from councilors Boyce, Binaghi Jr., and Yhu, who opposed the resolution. We will update this story as information becomes available.
Mayor Thomas Gallagher told Pascack Press that all sides were heard on the refund issue and he did not believe it affected any resident’s Second Amendment rights. However, Gallagher only votes in case of a council tie.
He said a state law provided municipalities the $150 concealed carry permit processing fee, and not a local ordinance.
He said the $150 fee can help cover “unfunded mandates” handed down by the state. Moreover, he said the council did not think it was smart to give back funds collected from residents, as other local fees might also be questioned.
“The council can use the funds to offset other unfunded (state) mandates,” Gallagher said, citing upgrades needed for schools, police training, stormwater and sewage infrastructure, and affordable housing. He said he did not see the motion to refund local carry permit fees “about to gain a lot of traction.”
State law now requires a $200 application fee for a concealed carry permit, with $50 going to the State Police and $150 to local police for permit processing. Before a recent state law took effect, the cost of a concealed carry permit was $20, according to police.
‘Obviously disappointed…’
Joseph LoPorto, director of legal operations for the New Jersey Firearms Owners Syndicate, who spoke in support of refunding the concealed carry municipal permit fee at the July 21 and Aug. 18 council sessions, said he looked forward to the measure passing in more towns statewide.
“We are obviously disappointed in the Council in Old Tappan. As towns across the state are rejecting unconstitutional and discriminatory fees on a fundamental right, Old Tappan voted to preserve them. We look forward to seeing this measure pass in dozens of more towns in the coming months and we hope Old Tappan will reconsider this measure in the future,” LoPorto told Pascack Press following the vote.
LoPorto said as of Aug. 28, six towns in four counties had passed a resolution. “And we are working with over 40 towns across the state in virtually all 21 counties. Several more are voting on it in just the coming weeks,” he added.
LoPorto told us that the following towns have approved resolutions to refund the municipal carry permit fee: Englishtown (Monmouth County); Franklin Borough (Sussex County); Dumont (Bergen County); Hopatcong (Sussex County); Vernon (Sussex County); and Butler (Morris County).
LoPorto, who spoke in July representing his organization, the National Rifle Association, and Citizens Committee for the Right to Keep and Bear Arms, offered a brief history of state laws regarding keeping and bearing firearms. He said the U.S. Supreme Court in 2022 permanently ended those restrictions, according to meeting minutes.
He said New Jersey “retaliated” by adopting a law that made the application process “very difficult and expensive.” He said the resolution refunding local carry permit fees was an opportunity for towns to correct the bad policies that are coming out of Trenton “as well as stand for and protect constitutional rights.”
Councilor Marti said the $150 permit fee charged by municipalities is for a two-year concealed carry permit. He and LoPorto noted this fee increase most affects low-income residents who cannot afford to pay the fee. Marti said so far this year, the borough has processed 19 concealed carry permit applications.
Prior to recent permit fee increases, a firearms purchaser ID card and handgun purchase permit had remained unchanged for over 50 years, at $5 and $2. The state claimed the fees were outdated and did not reflect increased costs for background checks, tech upgrades, and administrative expenses.
Marti said the refund resolution was about the money, “but it also sends a message to Trenton,” state the July minutes. Readers interested in the debate on the carry permit fee refund can listen to the July and August council meetings archived on the borough website. It was not immediately known if other Pascack Valley towns were considering the permit fee refund.