The Gun Permit Process in New Jersey

New Jersey Gun Permit Lawyers Assisting Clients in Bergen County and throughout NJ

If you are seeking to purchase or carry a firearm in New Jersey, there are specific procedures that you must follow to acquire the appropriate permits. These processes are extensive and failure to comply can result in criminal weapons charges. As a result, enlisting a knowledgeable New Jersey gun attorney to help you successfully navigate the process can be extremely beneficial, reducing the stress and intimidation that often prevents individuals from even beginning their journey toward gun ownership.

The highly knowledgeable gun lawyers at the Tormey Law Firm regularly assist clients with the firearms permit application process. Whether you are seeking to purchase a handgun or other firearm, or seeking a permit to carry a handgun, we can assist you with every facet of the permit application process and ensure that you are in the best position to achieve your desired outcome. Our attorneys have earned recognition for excellence in their field; for instance, our firm’s founder, Travis J. Tormey, was recently named among the Top 10 Criminal Attorneys in New Jersey by the American Jurist Institute. We employ extensive knowledge and experience to effectively advocate on behalf of clients across New Jersey, including in Bergen, Middlesex, Essex, Hudson, and Monmouth Counties. Contact us today at (201)-614-2474 for a cost-free consultation and learn how we can help you exercise your rights.

New Jersey Application Process for Permits to Purchase Firearms

When it comes to the question on how to purchase a firearm in New Jersey, the law that addresses the process on how to obtain a firearm can be found in N.J.S.A. 2C:58-3. The presumption under the law is that anyone who is over the age of 18 can obtain a long arm, such as a rifle or shotgun, and anyone over the age of 21 can obtain a handgun unless the person is known in the community in which the person lives as someone who has engaged in acts or made statements suggesting the person is likely to engage in conduct, other than justified self-defense, that would pose a danger to self or others, or is subject to other disqualifications to firearms ownership listed in N.J.S.A. 2C:58-3(c).

There are two distinct types of firearms purchasing permits in New Jersey: the New Jersey Permit to Purchase a Handgun,  which applies solely to purchases of handguns, and the New Jersey Firearms Purchaser Identification Card, which is necessary to purchase shotguns and/or rifles. The Application for Firearms Purchaser Application Card or Permit to Purchase a Handgun is the same for both types of purchase permits. To apply for a firearm, you must apply online through the FARS website. You provide your name, your current address, your phone number, your SBI number if you have one, pay the requisite filling fees, sign a HIPPA waiver, and provide a list of your addresses from the last ten years and how long you lived at each previous address. Don’t forget this step because if you provide inaccurate information on your address history, not only can you be denied for falsification, but you can be charged criminally as well. 

In addition to your application, you will need to provide a government issued ID, such as a passport or driver’s license, and a list of 3 references (reputable citizens who can attest to your mental health and good standing). The permit application process will also involve a complete background check with the New Jersey State Police and FBI, mental health records search, investigation by the local police, and fingerprinting. In order for the police to complete a mental health records search, you will need to complete the Consent for Mental Health Records Search and provide it to the police department with your application form. You must also provide two sets of fingerprints and the associated fees. The application fee for a permit to purchase a handgun is $25.00.

After your completed application is submitted, the local or state police will have 30 days to issue a response in the form of an approval or denial.

New Jersey Application Process for Permit to Carry a Handgun

Similar to firearms purchasing permits, those seeking carry permits must submit an Application for Permit to Carry a Handgun to the Chief of Police at their local police department or to the Superintendent of the New Jersey State Police. You must also provide four endorsements from reputable citizens, whom you have known for at least three years, and can attest to your good character. Additionally, the police must interview endorsers and applicants as a key step in the process.

In order to obtain a permit to carry a handgun, you must provide documentation that validates your familiarity with safe handling and use of firearms and completion of the necessary training and instruction requirements. This means you must undergo the requisite qualification training with the handgun you wish to carry. Previously, you were also required to submit a formal letter explaining your “justifiable need” for a handgun. New Jersey no longer requires justifiable need for carry permits. (For additional information about Carry Permit requirements, see our Gun Carry Permit Page). The carry permit application process also requires fingerprinting with the initial application and upon renewal, which is required every 2 years. The application fee for a permit to carry a handgun is $200.00.

After your completed application is submitted, the local or state police will have 90 days to issue a response in the form of an approval or denial. If your application is not approved or denied within the 90-day window, it is assumed to be approved, unless the issuing authority provides notification in writing which explains the reasons constituting “good cause” for the need for an extension of up to 30 days. You may also agree to provide an extension beyond 120 days in writing. Previously, if your application was approved in the police review phase, then your application was sent to a judge in the Superior Court in the county in which you reside for final approval. However, a December 2022 Directive (Directive #14-22), eliminated a Superior Court judge’s role in the approval process for carry permit applications, thus providing law enforcement with discretion to determine whether or not you are eligible for a permit to carry a handgun. Notably, this does not remove the judiciary’s role in determinations on gun permit appeals.

Who Is Not Allowed to Get a Permit in New Jersey?

Typically, if you are deemed unfit by the local police department to own and possess a gun, it’s usually due to criminal history or mental health history. Those not allowed to possess weapons or acquire a permit in New Jersey also include those convicted of any domestic violence-related offenses or anyone guilty of a violent crime. Added to this list can be those with temporary or final restraining orders against them, as well as those whose firearms rights have been taken due to an extreme risk protective order. 

Overcoming Challenges in the Gun Permit Application Process

Knowing the laws inside and out, our New Jersey gun attorneys can further advise you that a background check will reveal criminal convictions that could classify you as ineligible to own a gun. New Jersey has a lengthy list of reasons why you may be disqualified from gun possession, and if you are eligible for an expungement to obtain a gun permit, we can help you erase criminal convictions or mental health institutionalizations that may facilitate the gun permit process and help you get approved.

Frequently Asked Questions (FAQ) Regarding Gun Permit Process in New Jersey

FAQ: How long does the gun permit process take?

The process of applying for and obtaining a gun permit should take no longer than thirty (30) days. Having said that, there are still many instances where the process of applying for and obtaining a permit takes longer than the time indicated by statute. Police departments give many reasons for delays such as: (1) The background checks are delayed; (2) The police are short-staffed; (3) There is a backlog of applications due to high volume; and (4) The references provided were not responding in a timely fashion. To address the delays in the permitting process, we advise people whose permits have been pending for over thirty (30) days to go to the Association of New Jersey Rifle and Pistol Clubs (ANJRPC) and go to seek out Operation Strikeforce to assist you. Best practice would be to send a certified letter either every fifteen (15) or thirty (30) days to the chief of police to find out a status update on your application and to inquire about what additional information, if any, you can offer to speed up the process. Be persistent but be polite in doing so. If your permit is ultimately issued, congratulations. If denied, be sure to speak to an attorney about the option of filing an appeal within thirty (30) days if you are denied.

FAQ: What documents do I need?

Documentation to have ready is your driver’s license, a passport sized photograph of yourself, and the information needed to move forward with the application as part of a checklist. Be sure to have handy a list of addresses you resided at for the past ten (10) years, including how long you resided at each address (if more than one residence in the last ten years), the names and contact information of either three or four references who have known you for more than three years that can vouch for you when applying for a permit, your current address, and be sure to answer the questions you are asked truthfully and completely.

FAQ: Do I need a lawyer for this process?

The process of filling out an application online to obtain a Firearms Permit can be a confusing process, especially to those who are first-time applicants. The questions asked can be poorly worded and easy to misunderstand. It is best practice to go through the application process yourself for the first time to see what questions you are asked and if you are confident in answering the questions truthfully and accurately. If you are confused, or uncertain about how to answer questions, then it would be beneficial to retain the services of an attorney who can guide you through the complicated process of filling out a firearms application online. Remember, once answers are submitted, you can’t go back and change an answer if you realize you answered wrong. That is time consuming, costly, and potentially a criminal offense.

FAQ: Where do I apply for a gun permit in NJ?

If you are not a resident of the State of New Jersey, you have a separate set of instructions to follow in order to apply for either a Non-Resident Permit to Carry a Handgun or Non-Resident Firearms Purchaser Identification Card. Remember, you do NOT have to reside in New Jersey in order to apply for and obtain a
permit to carry a handgun or a permit to purchase a firearm in New Jersey. For those who wish to apply for a firearm permit and who are residents of New Jersey,
the NJ FARS website is where to apply. Here is the link to begin the process to apply for a firearms permit as a resident of New Jersey.

FAQ: Is a carry permit application different from a firearms ID card application?

There are differences in the permitting process between applying for a Firearms ID Card and applying for a Permit to Carry a Handgun. The biggest difference is the cost to the applicant financially. The Cost to obtain a Firearms ID Card is now $50.00; the cost to obtain a Handgun Purchase Permit is now $25.00 per application; and the cost to obtain a New Jersey Permit to Carry is $200.00. There are additional prerequisites that need to be met to carry a handgun in New Jersey. You need to qualify for a permit to carry a handgun by demonstrating you are proficient in how to safely use a handgun by going to a gun range. No such prerequisite is needed in order to obtain a permit to purchase or Firearms ID Card. You also need additional references to obtain a Permit to Carry a Handgun (4) as opposed to a permit to purchase a Firearm (3). Those references need to have known you for at last 3 years. These additional prerequisites which have to be met to carry a handgun in New Jersey are the state legislature’s response to the US Supreme Court decision in Bruen in that because a justifiable need is no longer needed to be shown to carry a handgun, that there are additional requirements one must meet to possess a handgun lawfully in New Jersey outside of their
residence.

FAQ: What happens if my permit is pending and it takes more than 30 days to process?

Delays in processing permits are regrettably a common occurrence. Many reasons for delays are beyond the control of the applicant. Case law in New Jersey does not provide relief through the courts for the applicant due to the application being delayed in processing. We can assist you in trying to expedite this process, give us a call for a free consultation.

FAQ: What happens if my application is withdrawn instead of denied?

There is a growing trend in some police departments who are withdrawing applications and electing not to process them to avoid issuing denial letters to some applicants. This is becoming prevalent to those applicants who are not automatically disqualified from owning firearms (convicted felons, those who have Final Restraining Orders), but could be disqualified for discretionary reasons (arrests, Ordinance Convictions, traffic violations, etc…). If your application is withdrawn due to a discretionary reason that can be remedied, then treat the withdrawal as an opportunity to correct an issue (getting expungement of criminal record for
Ordinance Convictions) before reapplying. If you are withdrawn you don’t have to disclose that on a subsequent firearm application like you would if you were denied. The problem becomes when some police chiefs choose not to issue denial letters for discretionary reasons (too many negative police contacts not resulting in arrests, multiple traffic violations). In cases where your application is withdrawn without your knowledge or consent to do so, insist that your application be processed and, if need be, denied so you can appeal the denial. Remember, you cannot appeal a decision by the Chief of Police if your application is withdrawn, only denied. You can try to contact your local officials (mayor, state assemblyman, state senator) to address this grievance to get the permit application either issued or denied. Be respectful but be insistent that you want your application either approved or denied and not withdrawn so you can seek legal recourse if necessary.

FAQ: What points do I need to pay attention to when filling out my gun permit application?

1. If you changed residences in the last ten (10) years, keep a history of when you moved and where, but you don’t need to disclose why you moved. If it becomes an issue of the reason you moved, you don’t have to answer that. If you are denied on that basis for failing to answer a question of that nature, file an immediate appeal and let an attorney guide you along the way.

2. If you saw a mental health professional, disclose who you saw, when, and why. The passage of time from when you saw a mental health professional is not a reason to omit such information on an application. It is NOT an automatic reason to deny someone if they saw a mental health professional but the candor about who you saw and why is what counts. You may need to get a mental health evaluation to show that your present condition is such that you are safe to own, handle, operate, and (in some instances, carry) a firearm despite seeing a mental health professional in the past.

3. Get an expungement of your criminal record before applying for a permit and get the Order of Expungement signed by a judge. Don’t give reasons for the police chiefs of this state to deny your application. Best practice is to put your best foot forward.

4. If you saw someone in an institution, get that mental health expungement for Voluntary Commitments before applying. A doctor’s note is no longer sufficient. If you are unsure if you have a voluntary commitment, contact the adjuster’s office in the county where you were hospitalized to get a mental health record.

5. Budget accordingly. It can be an expensive endeavor to exercise your second amendment rights, including cost of ammunition, firearm, accessories, application fees, and cost to go to the range to practice. Also, do not include to have a ‘rainy day’ fund for legal fees should an incident arise where you need to fight in court to protect your rights. Public defenders are NOT appointed to people who want to appeal a denial of a permit and the gun laws are complicated.

Contact our Middlesex County Gun Permit Lawyers for a Free Consultation

In order to exercise your gun rights, it is essential to have a thorough understanding of the law and the responsibilities of both you and the State as far as the application process is concerned. Our New Jersey gun lawyers are here to ensure that you have the information, resources, and tools to obtain your New Jersey gun permits. Contact us today at (201)-614-2474 for a free consultation.