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Gun Permit Applications and Appeals

Learn About Your Legal Rights from an Experienced New Jersey Firearm Denial Attorney

While the right to bear arms is firmly established under the Second Amendment, this right is not absolute. The states have the authority to regulate the possession of firearms—and this includes the authority to both (i) require a permit to carry a gun and (ii) prohibit certain individuals from possessing firearms under any circumstances. Unfortunately, the states can—and do—overreach, and if you believe your rights have been infringed, you should speak with a dedicated firearm denial attorney promptly.

Our attorneys assist New Jersey residents who have been wrongfully denied gun permits. If you applied for a gun permit and received a denial, we can determine if you have grounds to file an appeal.  If you do, we can file your appeal for you and take your appeal as far as necessary to protect your right to carry.

Eligibility Criteria for Gun Permits in New Jersey

Since all New Jersey residents have the fundamental right to bear arms under the Second Amendment, the basic eligibility criteria for gun permits are minimal. Under New Jersey law, you are generally eligible to obtain a firearms purchaser ID card if you are 18 or older, and you are generally eligible for a permit to carry a handgun if you are over 21.

Reasons for Denial of Gun Permit Applications

But, even if you are generally eligible based on your age, you can still be denied a gun permit for various reasons. As a matter of public policy, the New Jersey legislature has determined (and the courts have generally upheld) that the interest in protecting public safety outweighs the interest in protecting the right to own or carry a gun in several circumstances. For example, under New Jersey law, you may lawfully be denied a gun permit if:

You Have Been Convicted of a Domestic Violence Offense

If you have been convicted of a domestic violence offense, this can render you ineligible to obtain a gun permit in New Jersey. This is true whether your conviction was for an indictable offense or a disorderly persons offense and whether you were convicted in New Jersey or another state.

Under New Jersey’s Prevention of Domestic Violence Act (PDVA), you can be convicted of domestic violence for committing certain types of offenses against a current or former spouse, partner or other “protected person.” These offenses include (but are not limited to) assault, battery, criminal trespass, criminal restraint, criminal sexual contact and false imprisonment.

You Have a Restraining Order Against You (or Violated a Restraining Order in the Past)

If you currently have a restraining order, including a domestic violence restraining order, against you, this can render you ineligible for a gun permit in New Jersey. Both temporary and final restraining orders can disqualify you from successfully applying for a gun permit. Additionally, even if you are not currently subject to a restraining order if you have violated a restraining order prohibiting custody, control, ownership, purchase, possession, or receipt of a firearm in the past, this can render you ineligible for a gun permit as well.

You Have Been Diagnosed with Drug Dependency or a Mental Disorder

You can be denied a gun permit in New Jersey if you have been diagnosed with drug dependency or a mental disorder requiring admission to a hospital or mental health facility. This is true even if you are no longer using drugs or no longer receiving treatment for your condition. Once you have been diagnosed, it is up to you to show that it is not unsafe for you to possess or carry a gun. In this scenario, it can be helpful to work with a New Jersey firearm denial attorney during the application process—and if you don’t, there is a good chance that you will find yourself needing to file an appeal.

You Have Been Diagnosed with a Physical Limitation or Disease

Along with drug dependency and mental disorders, certain physical limitations and diseases can also render you ineligible to own or carry a gun in New Jersey. Here, too, once you have been diagnosed, it is up to you to prove that any health issues you may have had in the past are no longer relevant to your gun permit application. Typically, this will involve working with your doctor and a skilled firearm denial lawyer to prove that you no longer have a disqualifying limitation or disability.

You Are Subject to an Outstanding Arrest Warrant

If you are subject to an outstanding arrest warrant, this can also render you ineligible to obtain a gun permit in New Jersey. This restriction applies to outstanding arrest warrants for indictable crimes in New Jersey and most felony warrants in other states.

You Have a Juvenile Record

Having a juvenile record can prevent you from obtaining a gun permit in New Jersey in some cases. Specifically, the law provides that you are ineligible to obtain a permit if you were “adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon” or other disqualifying circumstances.

You Provided False Information on Your Gun Permit Application

If you provided false information on your gun permit application, this can also result in a denial. If you did so inadvertently, this should not prevent you from obtaining a permit, and you should be able to file a successful appeal with the help of an attorney (though there are no guarantees). However, if you knowingly provided false information on your gun permit application, this could make the appeal process much more difficult.

You Lack the “Essential Character of Temperament” Necessary for Gun Ownership

Regardless of your criminal background, physical condition and mental health, you can also be denied a gun permit in New Jersey if granting you a permit “would not be in the interest of the public health, safety or welfare because [you have been] found to be lacking the essential character of temperament necessary to be entrusted with a firearm.” This is an extremely broad provision that leads to unjust gun permit denials in many cases.

While these are among the most common reasons for gun permit application denials, there are various other grounds for denying gun permit applications in New Jersey. When you schedule a confidential consultation with a firearm denial attorney at Helmer, Conley & Kasselman, P.A., your lawyer will thoroughly assess your situation and determine if you have grounds to file an appeal.

Navigating the Appeal Process

If you have been wrongfully denied a gun permit in New Jersey for any reason, you can—and should—file an appeal. Here are three critical facts you need to know about navigating the appeal process.

• You Must File Your Appeal Within 30 Days – Once you receive a gun permit application denial, you need to act quickly. Under New Jersey law, you only have 30 days to start the appeal process.
• You Must Have Specific (and Documented) Grounds to Challenge Your Denial – To file a successful appeal, you must have specific grounds to challenge your denial. You must also have documentation of these grounds that you can use to prove that your denial was unjustified.
• You Can (and Should) Hire a New Jersey Firearm Denial Attorney – While you can file an appeal on your own, you can also hire a knowledgeable lawyer to represent you. Our attorneys handle gun permit denial appeals statewide.

Why Hire a New Jersey Firearm Denial Attorney?

Why hire an attorney when you have the option of filing an appeal on your own? Simply put, the process is complicated, and you have too much at stake to take the risk of filing pro se. If the court upholds your gun permit denial, not only will this prevent you from obtaining a permit in the short term, but it can also make it much more difficult to successfully apply for a gun permit again (or elsewhere) in the future.

At Helmer, Conley & Kasselman, P.A., our attorneys rely on extensive experience to help clients successfully navigate the gun permit denial appeal process. Before we do anything else, we will make sure that you have valid grounds to file an appeal. If you don’t, we will let you know—and you won’t have to waste your time or money pursuing an appeal with no chance of success. If you do, we will explain everything you need to know about moving forward, and if you decide to move forward, we will do everything we can to protect your gun rights in New Jersey.

Contact Us to Schedule a Confidential Consultation

Do you need to speak with a lawyer about appealing a New Jersey gun permit denial? If so, we invite you to get in touch. To schedule an appointment with a New Jersey firearm denial attorney at Helmer, Conley & Kasselman, P.A., please call 877-435-6371 or request an appointment online today.