Firearms ID Appeals, Gun Permit Appeals in NJ
Gun Permit Appeals Attorneys in Hackensack, Newark, Jersey City, Morristown NJ
Filing a Firearms Permit Appeal in New Jersey
If you are denied a permit, you need to file an appeal within 30 days of finding out that you have been denied by appealing to the Superior Court in the County where you reside and notify the chief of police of the township that denied you or, if you applied to the New Jersey State Police, by notifying the New Jersey State Police that you intend to appeal the denial. You also need to notify the Prosecutor’s Office in the County where your application was denied. Once notified, you can ask for the proof, or evidence that the prosecutor is relying on, to deny you. Then, you will have a hearing date before a Judge in the Superior Court in the County where your application was denied determining if the denial of the application will stand or if it will be overturned. There is NO FEE you must pay to file an appeal. You must file timely, however. If you fail to file an appeal within the requisite time frame, you will have to reapply and must disclose on your firearms application that you were previously denied.
The Court must then set a date for the appeal hearing, which must be held within 60 days of the receipt of your request. The state notes whether the applicant is retired law enforcement because the appeal decision timing changes for retired law enforcement officers. The court has 60 days to hear the appeal, except for retired law enforcement applications for carry permits, which is a 30-day turnaround. Before the hearing, you will receive a discovery packet containing your initial application and associated documentation, including criminal background checks, mental health records, responses from the references you provided, and notes from investigating officers. This discovery packet may be provided by the Prosecutor’s Office, the local police department, or the township attorney.
What Happens at a Gun Permit Appeal Hearing in New Jersey?
At the hearing, after the appeal is filed, you will appear in person in Superior Court before a judge. The state/prosecutor will present their evidence to support the denial of your permit, present witnesses to testify, and you or your attorney will have the opportunity to object to any evidence that is potentially being used against you. You or your attorney will also be able to cross-examine, or ask questions, of the witnesses the State presents against you. This is usually police officers who review your firearms application and can also include alleged victims of domestic violence (if applicable); alleged victims of criminal activity (if applicable), or other potential witnesses who may object to you owning a firearm.
Once the State presents their case, then you will testify and explain why the denial of your permit was wrong. You can present your own witnesses, your own documentary evidence, and answer questions through your attorney, if you have one, to show why you are not disqualified from owning a firearm in New Jersey. You will then be asked questions by the Prosecutor on cross-examination based on the evidence you presented, and the evidence presented against you.
Afterwards, you can present a closing argument, as will the state before the judge decides the outcome of your appeal, which is usually an oral decision in court on the same date. If you prevail and get the denial overturned, you will be issued your firearm permit. Congratulations! If you are denied, however, you have 45 days from the date of the judge’s decision to appeal to the Appellate Division, where you will explain to a panel of 3 judges why the judge in Superior Court decided your case incorrectly. If you fail to appeal, then you must reapply in the future where you have to disclose you were previously denied. If you are denied, our attorneys can help you navigate through the appeals process, go over the prosecutor’s evidence against you, and help prepare you for trial before you have your day in court.
Can a hearing be avoided once a gun permit appeal is filed?
Often, once an appeal is filed, a trial is likely. There are, however, instances where a trial can be avoided. This usually involves cases when discovery is deficient on the State’s evidence, or there is some other arrangement where concerns can be alleviated by way of the person filing the appeal filing a consent order. The facts and circumstances of each appeal vary greatly, and the need for a trial can depend on the facts presented.
New Jersey Gun Permit Appeal Lawyers Available Now to Assist You
As mentioned above, one of our attorneys used to prosecute these hearings for the Morris County Prosecutor’s office when he was an assistant prosecutor there. Now, he represents our clients who are attempting to utilize their rights to own, purchase, and possess a firearm in the state of NJ. Contact our skilled gun permit attorneys now for a free initial consultation at 201-556-1570.
