Certain New Jersey citizens are entitled to apply for certain firearm permits. Because the reality of owning a gun is a serious matter and responsibility, there are strict guidelines for who can own and carry a gun and under what circumstances. If you have had your gun permit application denied, you need the help of a firearms law attorney to build a strong case for your appeal. Contact 973-524-7238 to discuss your application and get a free consultation about filing an appeal, and read on to learn more about the specifics of appealing a gun permit denial in New Jersey.
Gun Permit Applications Eligible for Appeal in NJ
New Jersey has multiple types of gun licenses and permits for different uses; there is no ‘one size fits all’ gun permit. Denied gun permit applications for firearms purchaser identification cards, permits to purchase handguns, and handgun carry permits can all be appealed.
What Are Possible Justifications for Someone to be Denied a New Jersey Gun Permit?
The qualifications for obtaining a gun permit are quite strict and, in some ways, up to the discretion of the law enforcement agency which issues the permit. For example, a person could be denied a gun permit due to prior criminal convictions and a criminal record. Additionally, someone who has a history of substance abuse, including alcohol or drugs, may very well be denied a gun permit. A person who has a restraining order filed against them can have their application denied. And a gun permit may also be denied to someone with physical or mental limitations that it is deemed could impair their capacity to safely operate a firearm; in this case, it is up to the individual to prove through an appeal that they can safely operate a gun. It is even in the awarding agency’s purview to deny a person a gun permit because it is deemed that it would not be in society’s best or safest interest for the person to have legal access to a firearm.
Who is Responsible for Hearing the Appeal of a Firearm Permit Application Denial in NJ?
While original gun permit applications are overseen by the local police department, appeals to a denial decision are handled by the Superior Court in the county in which the permit application was originally filed.
How to Appeal a Denial of a Gun Permit in New Jersey
A denied gun permit application can be appealed within thirty days of the date the original application was denied. The appeal is served to the Superior Court in the county in which the permit application was originally submitted. A notice of appeal must be provided to the law enforcement agency that denied the original application. Because the burden of proving appeal legitimacy lies with the applicant, it is important that an appeal of a rejected firearms permit application is handled by an experienced gun permit lawyer.
Is Anyone Entitled to Appeal the Denial of a Gun Permit in NJ?
Those who have been denied a gun permit have the right to appeal the decision. However, some denials are straightforward, and as such an appeal does not make sense, such as the case of an individual who has been convicted of a felony. While it is wise to discuss your individual case with a gun permit attorney, you may be advised against appeal if you are legally ineligible or unlikely to prevail in appealing the decision. However, there are many gun permit denials that can be successfully appealed with a comprehensive, compelling argument and supportive evidence that your attorney can assemble and present on your behalf.
Seek the Advice of an Experienced Gun Attorney for Help Appealing a Gun Permit Denial
The Superior Court will err on the side of hyper-vigilance and public safety when it comes to gun permit appeals, so having a rock solid case for your application being approved is invaluable in these situations. Because our lawyers understand the system and the specifics of the denial and appeal process, we are highly qualified and prepared to handle the gun permit appeal that you may need to file anywhere in New Jersey.
Our team of experienced attorneys has helped our clients in Morristown, Harding, Randolph, Rockaway, Chatham, Parsippany, Morris County and elsewhere in New Jersey to appeal various types of gun permit denials. Contact us at 973-524-7238 to find out more about appealing your rejected firearm license and move forward with your appeal today.