NJ Gun Permit Appeals
The State of New Jersey places severe limits on who can and who cannot obtain a gun. Gun permit law in New Jersey is surprisingly complex. So much so that local police departments commonly make mistakes when deciding these applications. If you applied for a gun permit, permit to purchase a handgun (PPH) or firearm purchaser I.D. card (FPIC) in New Jersey and were rejected, I may be able to help. Call to speak with a NJ gun permit appeal lawyer.
Handling appeals is a core area of my practice. The success rate on gun appeals is relatively high compared to other kinds of appeals in the Superior Court. This is in part because the default position for many police departments is to deny anyone when there is any doubt as to their fitness. ”Fitness” in this context is governed by statute in New Jersey (explained below).
Many clients call me about gun appeals in New Jersey, oftentimes very upset that they were denied by the police department. I always tell clients not to take the police chief’s decision personally. While many people who should be entitled to a FPIC or PPH are wrongfully denied, police departments tend to see these applications as a recipe for trouble.
New Jersey does not have the same “gun tradition” as most other states, and the Second Amendment is not always honored here as it should be. If you have been denied a gun permit in New Jersey, you do have rights. You can, and should usually appeal. However, you must do so within a strict time period which will not be extended in most cases. If you are considering filing a gun permit appeal in New Jersey, call first for a consultation.
New Jersey Gun Permit Rights
With very few exceptions, in order to legally acquire a gun or firearm in New Jersey, you must obtain a Firearm Purchaser ID Card. The process is for you to apply at your local police department for an FPIC and, if you would like to buy a handgun for a handgun permit. The same standard form is used for both. You need a separate handgun permit for each handgun.
There is a standard form you must complete to apply for a PPH or FPIC. The police are not allowed to make you complete any different form. If they do, this may be grounds in itself to appeal. You must also be fingerprinted. The police department will then conduct a thorough investigation of you.
The police do not mess around at all when conducting these investigations. They will access all your medical, psychological and legal records. The police department will carefully scrutinize all this material. If there is anything objectionable in your application, they will deny you.
The police chief will send you a letter shortly after the investigation is completed. The investigation itself will usually take between 3 and 6 months in most cases I’ve seen. The police department is in no hurry to give you a gun permit. In some questionable cases, the police department will contact the local prosecutor’s office for legal advice on whether they should grant or deny the application.
If you have been denied a gun permit and receive a rejection letter from the police, you must act fast. Your Notice of Appeal must be properly filed within 30 days. Call now to speak with an experienced New Jersey appeal lawyer.
