Firearms are a sensitive subject in the legal field. On the one hand, you have a right under the Constitution’s Second Amendment to bear arms. On the other hand, guns are extremely dangerous, and states have a great interest in regulating who does and does not get a firearm. As such, your application for a gun permit could be denied.
If your application for a gun permit in New Jersey was denied, there might still be a chance to have that decision reversed. We can file an appeal of that decision and hopefully convince a court you do deserve a permit. However, appeals are not guarantees that you will be granted a permit, and you should discuss your situation with an attorney.
Our NJ gun permit attorneys can help you appeal a denial of your gun permit application. Our strategy will depend on the reasons for your denial. To discuss your situation, call the Lombardo Law Group, LLC at (609) 445-4300. We can offer a free case review to begin.
Appealing a Gun Permit Application Denial in NJ
Gun permits might seem simple enough at first glance. Most of the application process is online, and application fees are not terribly expensive. However, applying for a gun permit is a very serious matter. Guns and other firearms are heavily regulated, and not just anyone may have a permit to purchase or carry a gun. In fact, many people are denied a gun permit for various reasons. Our NJ gun permit attorneys can help you appeal your case if your application was denied.
An appeal must be formally requested in writing. Your request should be sent to the Superior Court of the county where you submitted your gun permit application. For most people, this is their county of residence. You must make your request for an appeal within 30 days of the date your application is denied. If this deadline passes, you cannot request an appeal.
You must also serve notice of the appeal to the police chief of your local police department. Gun permit applications typically go through your local police department, so they must be notified. If you live in an area not served by a local police force, you must serve notice on the New Jersey State Police.
Once your hearing is scheduled, and all appropriate parties are notified, we can begin building your case. We must know why your application was denied if we are to appeal the denial effectively. Our Atlantic City criminal defense attorneys can help you develop the most effective legal strategy for your appeal.
What Kind of Gun Permits Can Be Appealed in NJ?
There is no general permit for all guns and firearms. In fact, there are multiple types of permits and licenses, depending on what kind of firearm you want. For example, you must apply for a firearm purchaser identification card to buy something like a shotgun or rifle. However, handguns require separate permits. In either case, the appeals process is very similar.
When filing your appeal, it is important to communicate with your attorney what kind of gun permit you applied for. Some permits, like those mentioned above, apply to anyone who wants to purchase a gun. Other permits are for people who wish to sell and trade firearms. Still other permits are designed for collectors of firearms and antique weapons. Our Camden County criminal defense attorneys are experienced in appealing various cases for many different permits.
Reasons Someone Can Be Denied a Gun Permit in NJ
Not everyone can have a gun. Certain groups of people are denied because of their criminal records, history of substance abuse, or other factors. Knowing why your application was denied is the first step to launching an effective appeal with our NJ gun permit attorneys.
Many applicants are denied because of their criminal records. While having a criminal record makes it harder to get a gun permit, certain offenses result in automatic denials. For example, you will likely be automatically denied if you were convicted of a domestic violence offense. In situations like this, it is difficult to successfully appeal a denial because the law is very rigid on the matter.
In other cases, applicants are denied because they have a history of drug and alcohol abuse. This substance abuse does not necessarily mean the applicant also has a criminal record, but a criminal record would complicate the matter further. When filing an appeal, we can argue that you are in substance abuse recovery and have been in treatment or counseling. If you have worked to maintain your sobriety for several years, your appeal may be stronger.
Applicants can also be denied because they have a physical disability or medical condition preventing them from safely operating a gun. If this is why you were denied, we can present evidence that you can operate a gun safely despite your condition or disability.
Do I Need an Attorney to Appeal My Gun Permit Denial in NJ?
An attorney is not a required part of the application or appeals process, but it is in your best interest to speak with a lawyer before applying for a gun permit. Our NJ gun permit lawyers handle all types of gun permit applications and appeals. We can help you figure out if you are a good candidate for a gun permit or if you are likely going to be denied.
If you have already applied for a gun permit and are now facing an appeal, working with an attorney is incredibly helpful to help you come up with effective legal arguments and strategies for an appeal. People often underestimate how complicated legal proceedings can be. Many assume that the truth comes out one way or another. In reality, getting to the truth requires legal analysis and strategies. You might be unprepared to handle an appeal on your own. Our NJ gun permit lawyers can help you.
Call Our NJ Gun Permit Attorneys for Help
If you applied for a gun permit in New Jersey but were unfairly denied, our Atlantic County criminal defense lawyers can help you fight for a second chance. Call the Lombardo Law Group at (609) 445-4300. We can perform a free case evaluation to start you off.
