New Jersey Gun Permit Appeal Attorneys

Knowledgeable Weapons Lawyers Helping Clients with Appealing Gun Permit Denials in NJ

Appeal a Denied Gun Permit Application in NJ for the Best Outcome
Gun Permit Appeals NJ Help

New Jersey makes the path to gun ownership a long and circuitous one, fraught with potential impediments that may prevent you from obtaining the necessary permits and ultimately, the firearm you desire. Whether you are seeking a Permit to Purchase a Handgun, a Firearms Purchaser Identification Card, or a Permit to Carry a Handgun, you must be prepared for an uphill battle. After jumping through the bureaucratic hoops of the New Jersey gun permit process, having your application denied can be utterly defeating. Fortunately, this does not need to mark the end of your journey. New Jersey law provides individuals who are denied permits with the right to appeal. However, the gun permit appeal process is often even more complex and challenging than the application process itself. In order to protect and assert your rights during these proceedings, which are held before Superior Court judges, it is highly advisable to enlist a knowledgeable and aggressive New Jersey weapons attorney at the Tormey Law Firm to get the best possible outcome.

At The Tormey Law Firm, our highly skilled gun permit appeal lawyers have unique and valuable insight into New Jersey weapons laws. Our founder, Travis J. Tormey, has received numerous accolades from prominent organizations and has been called upon as a legal resource for publications and media outlets such as CBS radio. He was also recently recognized among the top 10 criminal defense attorneys in New Jersey by the American Jurist Institute, after previously receiving awards from the American Trial Lawyers Association and the National Association of Criminal Defense Lawyers. Mr. Tormey leads a team of former gun prosecutors, former members of the U.S. Attorney’s Office, and a former member of the Morris County Prosecutor’s Office’s weapons forfeiture unit. They serve as a formidable force in courts across New Jersey, challenging the State and advocating for clients in gun permit appeal hearings in Bergen County, Morris County, Hudson County, Essex County, Ocean County, Monmouth County, and the rest of the state. To speak with one of our experienced New Jersey gun permit appeal lawyers today, contact us at (201)-614-2474 to receive a cost-free consultation.

Delivering Results with Gun Permit Application Appeals in NJ

Here is a review from one of the many satisfied clients of the Tormey Law Firm whose gun permit appeal was successfully handled: 

“Phenomenal”

5.0 stars

Posted by Bashaar

“I recently had the pleasure of working with Louis J. Keleher from Tormey Law Firm on my gun permit appeal, and I couldn’t be more pleased with the outcome. Thanks to Louis’ dedication and expertise, my appeal was successfully overturned. From our initial consultation, it was clear that Louis possesses a deep understanding of the law and a genuine commitment to his clients. He meticulously reviewed my case, identified the key issues, and crafted a compelling argument that ultimately led to a favorable decision.

Throughout the process, Louis was communicative, professional, and always available to answer my questions. His hard work and attention to detail were instrumental in winning the appeal. I highly recommend Louis J. Keleher to anyone seeking legal assistance with a gun permit appeal or any other legal matter. His dedication and expertise are truly second to none. Thank you, Louis, for your outstanding work!”

Gun Permit Appeals Process in New Jersey

It is important to know that you can appeal any type of gun permit that was denied under NJ law. This means if you applied for a concealed carry permit, a firearms purchaser identification card, or a permit to purchase a handgun, you have the right to appeal. If your gun permit application was denied, you are entitled to request a hearing in the Superior Court in the county in which you filed the application. This request must be made in writing within 30 days of the initial denial and must be served upon the County Prosecutor in the county in which the hearing will occur, the Superintendent of the New Jersey State Police, and the Chief of Police in the municipality in which you reside.

Under New Jersey law, the appealing applicant pays no filing fee, and the state tracks and numbers appeals. For additional tracking purposes, court staff now records identification and statistical information, including name, birth date, original application purpose, expiration dates for renewals, and other details on the initial application and its denial. Seeking assistance from an experienced gun permit lawyer can go a long way toward determining the reason for your application being denied and the likelihood of success by filing a gun permit appeal.

If you move forward with seeking to appeal your gun permit denial, the Court must then set a date for the appeal hearing, which must be held within 60 days of the receipt of your request. If you are a retired police officer, the appeal hearing must be held within 30 days of the receipt of your request. 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. If the county prosecutor files a response to an appeal, they have 14 days to do so, though they have no obligation to do so. The court decides the appeal with or without the prosecutor’s response.

An appeal hearing is a complex legal proceeding, requiring evidence, testimony, and a compelling argument in your favor. Due to the intricacies of this process and the long-term implications, it is highly advisable to enlist an attorney who has experience with gun permit appeals, such as those at The Tormey Law Firm. Our seasoned attorneys will utilize the discovery packet, as well as any other relevant information, to support your case. Our New Jersey gun lawyers have achieved great success representing clients across New Jersey at these hearings. We employ all of the knowledge, experience, and resources at our disposal to obtain superior outcomes.

Top Issues Causing Failed Applications for Firearms Permits

Some of the most common reasons that New Jersey police deny firearms permit applications include the applicant’s criminal history, their mental health history, an addiction to drugs or alcohol, a past restraining order or domestic violence case, medical issues that may prevent them from safely using and operating firearms, an allegation or extreme risk protective order under New Jersey’s Red Flag Laws, or another set of circumstances that lead police to determine that the candidate is a security risk if allowed to possess a firearm.

I am automatically disqualified from gun permit ownership in NJ – What can I do?

If you are automatically disqualified from gun permit eligibility in NJ for certain reasons, this is not the end of the road. You may be able to take actions to remove the record which causes you to be disqualified. For example, if you are a felon you may be able to expunge your record and restore your gun rights in NJ. In addition, if you have a final restraining order (FRO) against you, you may be able to file a motion to have the final restraining order removed which would then potentially allow you to restore your gun rights in NJ. Finally, if a extreme risk protective order was issued against you, you may also be able to have this removed in order to make you eligible again to apply for gun ownership in NJ.

NOTE: It is crucial that you speak to an experienced gun permit attorney prior to applying for your gun permit so that, if you need an expungement of a felony, disorderly persons offense, or municipal ordinance violation that you can have the expungement handled and expunged prior to applying to give you the best possible chance of having your permit granted and not rejected and avoid the necessity of a gun permit appeal altogether.

What You Must Prove to Win a Gun Permit Appeal Trial in NJ

At the trial, your objective will be to show that, at present, you are not disqualified from owning a firearm. Your task at trial will be to try and show that, despite any past history used against you, that you are currently not unfit to own a firearm. You have to show that the past history in your life does not reflect on your present condition as it relates to the issue of whether you are currently fit to own and possess a firearm. This is a complicated task, and one that needs you to know the rules of court, the rules of evidence, the applicable caselaw, and the state statute concerning firearm licensing.

Your chances are greatly improved if you have the right attorney who is knowledgeable as to the current laws, caselaw, court rules, and rules of evidence. You need to know when to object, why you’re objecting, what questions to ask, how to answer questions you’re being asked. Our attorneys can help guide you in court when you are before the judge who is tasked with determining whether you can legally exercise your Second Amendment rights in New Jersey.

Reports and Testimony of Expert Witnesses at Gun Permit Appeal Hearings

There are cases where an expert witness would benefit. This is mainly in the context where the denial of your permit is based on a reason concerning mental health, such as if you see someone for mental health medication, or if you have been diagnosed with a mental health condition, such as anxiety or ADHD. An expert witness would be used to evaluate your mental health and focus on determining the issue concerning whether you are presently fit to own a firearm. The expert would prepare a report for the court to review and may need to testify as to the contents of the report but does not have to testify. Often, the preparation and presentation of a favorable report can greatly help your chances on the appeal, even without their testimony. The cost of hiring an expert, if needed, can vary. Be prepared to budget accordingly for the cost of hiring an expert and having them prepare a report.

Contact our Gun Permit Appeal Lawyers to Discuss Your Options for a Denied Firearms ID Card or Handgun Permit Application in NJ

If your application for a permit to purchase a handgun, firearms purchaser identification card, or permit to carry a handgun was denied in New Jersey, the first step to take is to talk to a gun lawyer. Our team at The Tormey Law Firm can help you determine the reason for your denial. Law enforcement can deny your application for many reasons, including incorrect information you may have mistakenly provided. Second, we can explore whether grounds for an appeal exist. Some issues may be more challenging to fight on appeal, but it’s certainly not impossible with a solid foundation grounded in compelling reasons.

Due to the time restrictions involved, you need to decide quickly whether you have grounds for an appeal of your gun permit application denial. An attorney at our office experienced in filing firearms application appeals can give you an idea of the probability of a successful appeal, and if you decide to file, we can help build the best case for your appeal being granted. Since you have only thirty days to appeal the police’s denial of your concealed carry application, you need to move quickly.

Contact our New Jersey gun lawyers today at (201)-614-2474 to learn more about your available legal options. We provide cost-free, no obligation consultations and represent clients in Middlesex County, Union County, Mercer County, Somerset County, Warren County, Atlantic County, and across New Jersey.