The second amendment of the United States Constitution grants all people the right to “bear arms.” This has been widely interpreted at both state and federal levels to mean that individual citizens have the right to purchase and own firearms. However, the government may still regulate how people may obtain guns and restrict the types of weapons a person may own. In New Jersey, the state requires you to get a firearm purchaser identification card before purchasing a firearm. This card is not guaranteed to all citizens who apply and you may be rejected.
If your application for a firearm purchaser identification card in New Jersey is rejected, you have the option to appeal that decision. Our experienced attorney can help you obtain your firearm purchaser identification card so that you may lawfully purchase a firearm. Contact our New Jersey lawyer for firearm purchaser identification card appeal at the Lombardo Law Group, LLC. Call (609) 445-4300 or reach out to us online and we will fight for your Constitutional rights.
Purchasing a Firearm in New Jersey
According to New Jersey law, the only people allowed to purchase or obtain a firearm lawfully are licensed firearm retailers and people with valid firearms purchaser identification cards. Not only must you have a valid firearm purchaser identification card to buy a gun from a licensed retailer, but you must also have the identification card to purchase or receive a firearm from an individual gun owner. Additionally, a gun owner looking to sell or give away a gun can only do so to someone issued a firearm purchaser identification card.
These restrictions apply to individual citizens and licensed firearm retailers, but not law enforcement or the military. Police departments, the Armed Forces of the United States, and the National guard are not bound by the requirement of having a firearm purchaser identification card. However, members of certain law enforcement and military agencies or departments must notify their superiors before purchasing a firearm.
Call our New Jersey attorney for firearm purchaser identification card appeals for help with your application.
Firearm Purchaser Identification Card Requirements in NJ
Before obtaining a firearm purchaser identification card in New Jersey, the applicant must submit certain information to their local police department. If no full-time police department exists in the applicant’s area or region, they can submit their application to the New Jersey State Police. The application must include the names and addresses of two people as references and the applicant’s fingerprints.
The fingerprints will be checked against the State Bureau of Identification’s fingerprint records and the FBI’s records to determine if the applicant has a criminal record. The applicant must also consent to a search of their mental health records by police officials before being approved for a firearm identification card.
Under certain circumstances, you may have your application prioritized and the decision-making process will be expedited. If you can demonstrate that threats exist, or you have experienced attacks in the past that put you in special danger, and the only means of avoiding this danger is being able to own a firearm, then you may expedite your application. The expedited process will be completed within 14 days, if possible. Such dangers include previous acts of violence that resulted in serious bodily harm, threats of serious bodily harm involving a deadly weapon, and evidence that another attack or threat will likely happen again. You may also expedite your application if a restraining or protective order exists preventing a dangerous individual from coming near you.
If you meet the requirements above but are still denied, call our New Jersey attorney for firearm identification card appeals to begin your appeals process.
Restrictions on Who May Have a Firearm Purchaser Identification Card in New Jersey
While anyone may apply for a firearm purchaser identification card in New Jersey, certain people will always be denied. Applicants must be at least 18 years old and have clean criminal records. People who have demonstrated they may be dangerous individuals or whose physical or mental condition would make owning a gun risky will be denied.
An applicant who has been convicted of a crime of a disorderly persons offense that involved domestic violence will be denied. Those dependent on drugs, alcohol, or who are confined to a hospital or institution for having a mental disorder will also be denied. Someone with a physical disability or condition which makes operating a firearm unsafe will likewise be denied.
Generally, if you have no criminal history, are in good physical and mental health, and are not dependent on drugs or alcohol, you will likely be approved. If you feel your application has been wrongly denied, contact our New Jersey attorney for firearm purchaser identification card appeals for help.
Appealing a Rejection of Your Firearm ID Card Application
If your application for a firearm purchaser identification card was denied, you have the option to appeal that decision. To begin the appeals process, you must request a hearing with the Superior Court of the county in which you live in New Jersey or the county where your application was denied if you are not a resident of that county. Your request for a hearing must be made within 30 days of the denial of your application. Finally, you must serve the chief of police of your municipality and the Superintendent of the New Jersey State Police.
The steps mentioned above will only get the appeals process started. You still must go to court before a judge and explain why your application should not have been denied. Our experienced New Jersey attorney for firearm purchaser identification card appeals has the skills and knowledge to help your case.
Contact Our NJ Attorney for Firearm Purchaser Identification Card Appeals for a Free Legal Consultation
Every citizen has the right to own a firearm within the restrictions imposed by the state. Guns are extremely dangerous weapons, and the state has a valid interest in making sure they do not end up in the hands of dangerous people. If you feel your application was wrongly denied, contact our New Jersey lawyer for firearms purchaser identification card appeals at the Lombardo Law Group, LLC. We will make sure your rights are protected.
