Firearms are a hotly debated topic among lawmakers and average citizens alike. Generally, people have a right to own and carry a firearm. However, guns are extremely dangerous, and there are strict regulations on who can own firearms and how they can be purchased in New Jersey. One such restriction is the requirement of a firearm purchaser identification card.
Getting a firearm purchaser identification card (FID) requires submitting an application to the state and your local police departments. If your application is denied, you can appeal your denial and hopefully be granted an FID card. The appeals process can be complex and time-consuming. An attorney can help you through your appeal.
If you were recently denied an FID card, our Atlantic County attorneys for firearm purchaser identification card appeals can help you. We must figure out why you were denied and determine if there was a legal error. Call the Lombardo Law Group, LLC at (609) 445-4300 and ask for a free case review.
What to Do After Your Firearm Purchaser Identification Card Application Is Denied in Atlantic County
Most FID applicants who have no criminal record, no history of drug or alcohol abuse, and no history of hospitalization for mental health issues are likely to have their applicants granted. Nonetheless, it is possible that your permit could have been denied without good cause. If your application was denied, you can speak with an attorney about filing an appeal.
When appealing an FID card application denial, you must request a hearing within 30 days of the date your application was denied. When requesting an appeal hearing, you must submit your request to the Superior Court in the county in which your application was denied. This is likely your county of residence.
When filing an appeal and requesting a hearing, you must serve your request not only on the court but also on the other parties involved in the case. This includes the police chief of your local municipality or the Superintendent of the New Jersey State Police.
Once all parties have been notified of the appeal and a hearing has been scheduled, you can begin building your case. We must prove to the court that your denial was because of an error or mistake. For example, perhaps you were incorrectly denied because of a clerical error. Alternatively, your prior mental health struggles might have caused your denial. Talk to our Atlantic County attorneys for firearm purchaser card appeals about your case as soon as possible.
Why Are Firearm Purchaser Identification Card Applications Denied in Atlantic County?
An application for a firearm purchaser ID card may be denied for various reasons.
Persons Not to Possess Firearm
Under N.J.S.A. § 2C:58-3(c), several groups of people are barred from obtaining a firearm purchaser identification card. Most often, if someone is a person prohibited from possessing or carrying a firearm, they will be denied an FID.
Prior Convictions
If you were previously convicted of any criminal offense involving domestic violence, you will be denied regardless of whether a firearm was used in the crime.
Mental Health Issues
Applicants who have a history of drug dependency, alcohol dependency, or mental health issues may also be denied. Those with mental health issues must have been committed or institutionalized to be denied. Suffering mild to moderate mental health problems, like depression or anxiety, does not necessarily bar a person from obtaining an FID.
Disabilities
Some people cannot safely use a gun because they have a physical condition or disability that prevents them from doing so. If you are physically incapable of using a gun safely, your application for an FID will be denied.
While these reasons and others might prevent you from obtaining a firearm purchaser identification card, you can appeal your case. At your appeal, you can argue that the above conditions do not actually apply to your case. If these above conditions exist, we can argue they are not serious enough or happened too long ago to make owning a firearm unsafe now.
For example, suppose you were denied because you have a history of substance use. However, you received treatment and have been sober for many years now. In that case, we could argue at your appeal that your history of drug abuse is too far removed and that your FID application should have been approved. Our Atlantic County lawyers for firearm purchaser identification card appeals can help you determine the best argument to make at your hearing.
Will I Get My Firearm Purchaser Identification Card After an Appeal in Atlantic County?
Although you can file an appeal after being denied an FID, there is no guarantee of the outcome of your case. You could be denied your firearm purchaser identification card depending on your criminal history and personal character. There is a strong argument for the court to reverse the denial in some cases. In other cases, it is more of an uphill battle.
You might have more luck if your denial was caused by some error in law or a mistake in judgment on the part of the people denying your application. For example, suppose you were denied because of a criminal conviction involving domestic violence. However, the person reviewing your application mistakenly believed you were convicted when the case was actually dropped. In such a case, we can present court records that clearly refute the reason for denial.
Other cases are more challenging. For example, if you were denied because you have a long history of drug and alcohol abuse, you might have a harder time convincing a court to grant your appeal. We can argue that you are on the path to sobriety and undergoing treatment and counseling. However, the court might believe that relapse is likely or inevitable and that you are not a good candidate for an FID.
An appeal does not guarantee that the decision to deny your application will be reversed. However, our Atlantic County attorneys for firearm purchaser identification card appeals will determine the best strategy to get your appeal granted.
Call Our Atlantic County Attorneys for Firearm Purchaser Identification Card Appeals
Applying for a firearm purchaser identification card is not always a sure thing. People are often denied for unexpected reasons. Our Atlantic County lawyers for firearm purchaser ID card appeals can help you fight your denial. Call the Lombardo Law Group at (609) 445-4300 for a free case evaluation.
