On Wednesday evening, the Borough of Englishtown, New Jersey adopted a resolution that refunds much of the state's $200 permit to carry fees. Passage signifies the unconstitutionality of the fee, and rebates the municipality's portion back to applicants.

In 2022, New Jersey passed a law in response to the NYSRPA v. Bruen Supreme Court decision. Of the many changes the Garden State made to the statute, one increased the fee in order to receive a permit to carry. At $200, and only lasting two years, the permitting requirement is beyond onerous. Englishtown, N.J. is the first jurisdiction to see the failures in the law and do something about it; passing a resolution on June 11, 2025 which will refund $150.00 of the $200.00 back to applicants.

The constitutionality of New Jersey’s statute can be called into question just by ooking at the Bruen decision. “That said, because any permitting scheme can be put toward abusive ends,” footnote #9 of Bruen says, “we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”

There’s no definition of “exorbitant fees” in the opinion. However, it could be concluded that $200 is exorbitant when 29 states in the United States require no permits or fees at all to carry a firearm for self-defense. The question remains unanswered by the courts, but there are challenges to New Jersey’s permitting scheme which do seek to halt the excessive fee.

Englishtown saw the issue and how it is a “burden for residents.” The resolution states in part:

WHEREAS, pursuant to N.J.S.A. 2C:58-4, applicants for permits to carry a handgun are required to pay an application fee in the amount of $200, of which $150 is retained by the municipality and $50 is forwarded to the Superintendent of State Police; and

WHEREAS, the Borough of Englishtown recognizes that the statutory fee structure imposes financial burdens on applicants and wishes to ease that burden for residents by offering refunds of the Borough’s retained portion of the application fee; and

WHEREAS, the Borough has determined that it is in the public interest to establish an administrative process for refunding $150 municipal share of the application fee upon appropriate documentation;

This step is a giant leap towards repatriating citizens with a more whole version of the Second Amendment. Having to only endure a $50.00 fee over a $200.00 fee is much more reasonable. While this is just one town in New Jersey, proponents of the measure should be hopeful that this trend will take off like wildfire across the Garden State.

The passage of this resolution was supported by the Citizens Committee for the Right to Keep and Bear Arms (full disclosure: both Bearing Arms editor Cam Edwards and myself are unpaid board members of the organization). In a letter to the mayor and council, CCRKBA Chairman Alan Gottlieb applauded the resolution being raised and encouraged its passage.

“Seeing this body move within their powers to create a rebate vehicle for permit to carry applicants is a show of true leadership,” Mr. Gottlieb said in his letter. “Rebating the $150 portion the municipality collects makes the–still unconstitutional–permitting scheme more palatable. This will positively impact your citizens.”

In response to the passage of the resolution, the Committee offered their strong words of praise and encouragement.

“Moves like this from courageous municipalities in a state as hostile to the Second Amendment as New Jersey are very commendable,” Gottlieb said. “Mayor Daniel Francisco and his council brought forward a meaningful measure that will help the economically disadvantaged gain access to the most effective life-saving tool for self-defense; the ability to bear arms in public.

“Governor Phil Murphy and the equally misguided legislature in the Garden State may have forced these fees upon permit to carry applicants, but Trenton can’t tell municipalities what they can and cannot do with the funds they collect. In refunding these monies back to the people, it’s a clear message about the unconstitutional nature of the law–A law that Murphy enacted in December of 2022 because Bruen upended the law. The Englishtown mayor had the fortitude to put the unconstitutionality of these fees on the record, calling Trenton out on their hatred towards gun owners and the Second Amendment.”

On June 10, Englishtown Mayor Daniel Francisco took to X, the platform formerly known as Twitter and posted about the upcoming vote.

The thread included Francisco stating that, “While I am not a legislator and can’t change state law, what I can do is stand up for my residents being abused by the State’s policies.”

“Taxing peaceable citizens for a natural right is an abhorrent practice,” Francisco told Bearing Arms Wednesday morning. “No town should be pillaging the wallet of a resident simply because they choose to exercise a natural right [...]

“New Jerseyans are already saddled with the most tyrannical firearm laws in the country. Englishtown has an opportunity to lead by example to respect firearm owner’s rights, and provide relief to a community battered by our state legislators.”

At Wednesday’s meeting Francisco said that the resolution is important and that he’s trying to protect people’s rights. “I think if Englishtown passed the law that said every time you came to tell me your opinion about something, I charged you $150 and if you didn't pay that fee, you would not be allowed to speak before us, that would be the most unconstitutional and abusive policy I could possibly imagine,” he said during the meeting.

The council passed the resolution in a 4-1 vote. “I want to thank my colleagues on the council for supporting my vision for this policy,” Francisco told Bearing Arms in a statement after passage. “They should be applauded loudly for their fortitude and conviction.”

Francisco also extended his appreciation to the number of grassroots activists who came to the Wednesday evening meeting to testify. Card-carrying members of several N.J. and national Second Amendment groups showed up to applaud the council’s efforts. In mentioning those activists who showed up, Francisco said, “I want to personally thank New Jersey Firearms Owners Syndicate director Mr. Joseph LoPorto for his fantastic testimony and organizational support.”

Members and supporters of Citizens Committee for the Right to Keep and Bear Arms, Second Amendment Foundation, New Jersey Firearms Owners Syndicate, Coalition of New Jersey Firearm Owners, Association of New Jersey Rifle and Pistol Clubs, National Rifle Association, and others, were among those grassroots activists who showed their support.

“We have a great group of activists in New Jersey, and this is a huge opportunity to spread this symbol of liberty to the rest of our forsaken state. I am proud to be a part of this movement,” Francisco continued. “I will always stand on the side of natural rights - and I’m proud that this collective team got this measure to the finish.”

The efforts of Englishtown’s mayor and council are to be applauded. If one town has gone on the record that these funds are not needed and are unconstitutional, it’s going to be difficult for others to not follow suit. The unconstitutionality of the excessive fee has been acknowledged by a governmental body and that’s meaningful.

The full text of the resolution is below:

WHEREAS, pursuant to N.J.S.A. 2C:58-4, applicants for permits to carry a handgun are required to pay an application fee in the amount of $200, of which $150 is retained by the municipality and $50 is forwarded to the Superintendent of State Police; and

WHEREAS, the Borough of Englishtown recognizes that the statutory fee structure imposes financial burdens on applicants and wishes to ease that burden for residents by offering refunds of the Borough’s retained portion of the application fee; and

WHEREAS, the Borough has determined that it is in the public interest to establish an administrative process for refunding $150 municipal share of the application fee upon appropriate documentation;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows:

1. Refund Authorization: Any applicant who has paid the $200 application fee for a handgun carry permit on or after January 1, 2025, and who submits a valid receipt showing payment may apply to the Borough’s Chief Financial Officer (CFO) for a refund of $150, representing the portion of the fee retained by the Borough under N.J.S.A. 2C:58-4.

2. Procedure: Refunds shall be issued upon the applicant’s submission to the CFO of (a) proof of payment, and (b) confirmation that the application was processed through the Borough of Englishtown.

3. Limitation: This refund policy applies only to the municipal portion of the fee and does not apply to any amounts remitted to the State of New Jersey or other agencies. Refunds shall be available only for payments made on or after January 1, 2025.

4. Effective Date: This resolution shall take effect immediately upon adoption.

5. Administrative Oversight: The Borough CFO is hereby authorized to administer this refund program and to require any reasonable documentation necessary to confirm eligibility.

BE IT FURTHER RESOLVED that a copy of this resolution shall be made available to the public and posted on the Borough website for informational purposes.