How Do You Appeal a Gun Permit Denial?

While it cannot be denied that guns pose a serious threat to our society, it is within your constitutional rights to “bear arms.” Understandably, law enforcement goes over every gun permit application with a fine-tooth comb, but that comes at the cost of some applicants being denied ownership for no good reason. While some citizens should not be permitted to own or operate a gun or rifle, if you pose no danger to public safety, your denial may be groundless.

If you have recently applied for a gun permit and your application was denied, our Cherry Hill firearm appeals attorneys can help you investigate further to redeem your civil liberties.

Permit Application Process

To apply for a permit to carry a handgun, you will need to complete the following:

• Complete a State of New Jersey Application for Permit to Carry a Handgun in triplicate
• Only provide references that have known you for at least three years
• Be sure all originals are notarized
• Submit four passport-size photographs with your application
• Complete and remit the Consent for Mental Health Search
• Submit in writing a justifiable reason for needing issuance of a handgun (Armored car guards will obtain this from the CEO of the company which they work for)
• Written proof of qualification to carry a handgun, which must be obtained by a certified firearms instructor
• A money order in the amount of $20.00 payable to the “Treasurer—State of New Jersey”
• All Armored Car Guard Applications must be remitted to the New Jersey State Police Barracks, whereas all others will be submitted to the local police department

Appeals Process

If your application is denied, it is within your right to file an appeal. In accordance with N.J. Admin. Code §13:54-1.12, the appeal must be filed within 30 days of your denied application. You must send your appeal to the Superior Court of the county in which you submitted your application. Additionally, you are required to serve notice to the chief of police of your local police department or the New Jersey State Police if you live in an area not served by local police. 

The County Prosecutor can provide a written response to your appeal. Judges can review the appeal and rule to either dismiss the appeal, deny the appeal, grant the appeal, or grant the appeal in part or deny it in part. You must provide documentation challenging the specific grounds of your denial, showing how the denial was unjustified.

A Knowledgeable Advocate On Your Side

At The Law Offices of Christopher St. John, we can assist you accordingly based on the cause of your permit denial. For instance, if your denial was due to your criminal history, expunging your record could clear your record. If your denial were due to being institutionalized, you could seek to get your mental health records expunged. When you work with our legal team, we will gather the necessary evidence to back a compelling argument, giving you the best chance of winning on appeal. 

Civil Rights Denied? Our Cherry Hill Firearms Appeals Attorneys are Ready to Help

Being denied a right to own and operate a firearm can be infuriating. With New Jersey recently tightening firearm laws, it is now more difficult than ever to be approved. If you recently applied for a gun permit and have been denied, do not hesitate to contact our Cherry Hill firearms appeals lawyers. To arrange your free consultation, contact The Law Offices of Christopher St. John online or by phone today.