What Disqualifies You From Owning a Gun in NJ?

“With great power comes great responsibility.” Gun ownership is not for the faint of heart since the consequences of mishandling a firearm are often tragic. There is no denying that owning a gun is a right afforded to each and every United States citizen, but with such tightened regulations in New Jersey, it is becoming more challenging to purchase or possess a handgun or rifle. Keep reading to learn from our Cherry Hill firearm appeals lawyers who is disqualified under state law to own or use a gun.

Reasons for Being Denied a Firearm in NJ

Even though you can apply for a gun license online and application fees are somewhat inexpensive, the government heavily regulates who is allowed to possess a gun. If your gun permit application or firearm purchaser identification card has been denied, it could be due to any of the following reasons, as described under N.J.S.A. §2C: 58-3c:

• If you were convicted of a crime, including a felony or disorderly persons offense involving an act of violence
• If you are currently institutionalized for a mental disorder
• If you suffer from a physical defect or disease that would make it unsafe for you to handle a firearm
• If you falsify any information on your handgun permit application
• If you are under the age of 18 for a firearms purchaser identification card (FPIC)
• If you are under the age of 21 for a permit to purchase a handgun
• If the issuance is not in the best interest of public health, safety, or welfare
• If you were an adjudicated delinquent as a juvenile for an offense that would be considered a crime as an adult for a crime that involved a weapon, explosive, or destructive device
• If your firearm was seized due to an act of domestic violence
• If you are on the FBI Terrorist Watchlist
• If you have a court order against you regarding the possession or use of a firearm or ammunition or if you have violated a court order regarding such
• If you have a temporary or final restraining order against you
• If you have been voluntarily admitted to inpatient treatment or involuntarily committed to inpatient or outpatient treatment
• If you have an outstanding arrest warrant for an indictable crime in New Jersey
• If you are a fugitive of justice who has fled from any state or federal jurisdiction to avoid being prosecuted for a crime

Legal Recourse Against Firearm Denial

If you believe that your gun permit denial was unjustified, you need to reach out to our Cherry Hill firearm appeals lawyers. We can review your matter to determine if there is a sound basis for your denial and the best way to approach an appeal. If you were denied a gun permit or FPIC, it is crucial that you appeal the decision within 30 days of your denial. Waiting longer could result in you forfeiting your rights to take legal action under the law.

To appeal the decision, you must schedule a formal hearing with the Chief of Police. Prior to your hearing, the County Prosecutor will provide any information that was relied upon by law enforcement officials in making their decision. It is up to the prosecution to establish that it is “more likely than not” true that one of the conditions under N.J.S.A. §2C: 58-3c applies, which would prohibit you from firearm ownership. This is known as the preponderance of the evidence standard. Although the burden is placed on the government, our legal team will work to identify any weaknesses in the prosecution’s case to ensure that you secure your right to own a firearm.

Reach Out to Our NJ Firearm Appeals Lawyers Today

New Jersey has some of the strictest laws to purchase a firearm in the nation. If you or a loved one have been denied your Second Amendment rights, the attorneys at The Law Offices of Christopher St. John are available to speak with you. With over two decades of proudly serving the South Jersey community, our NJ firearm appeals lawyers are committed to providing our clients with top-notch representation. If you are interested in learning more or to schedule your free consultation, contact us online or give us a call today.