Hi, Evan Nappen here, U.S. LawShield Independent Program Attorney for New Jersey. Today, I want to talk to you about what happens if you get denied for a license or permit for a firearm.
In New Jersey, if you are denied there is an appeal process, and you should appeal your denial. Appeals are brought to the Superior Court and, in court, a judge will determine whether or not the state has proven that you are ineligible to have a firearm. There are many different bases in New Jersey to deny someone a firearm. It’s not just whether you’re a convicted felon, but it can include domestic violence, restraining orders, dishonorable discharge. It can include whether you’ve had a mental health commitment.
New Jersey even goes so far as to question whether you’ve ever been treated by any doctor or psychiatrist for any mental or physical condition, and then the burden switches to you to have to show that you’re safe for the handling of firearms.
Fighting the Denial
If you do decide to fight your denial, your best bet is always to bring an attorney. There are a lot of laws and a lot of arguments that need to be made under the law so the denial can be overturned. Otherwise, the denial will stay on your record that you have been denied your license.
Now, it’s one thing to be denied because of prohibitions or disqualifications. In terms of a carry license in New Jersey, you also must show justifiable need, which is virtually impossible for any citizen to show, because the court has essentially required that you show that you need to use deadly force, before you need to use deadly force. So basically, if you’ve just been shot and killed, you qualify for a carry license in Jersey.
But as far as the possessory licenses are concerned, those you can get, but you need to fight for your rights if you are denied. Many times, if there’s a basis for denial—maybe there’s some old conviction that you may have forgotten about from years ago and they’re trying to use it against you—New Jersey does offer expungement. You need to talk to an attorney who may be able to clear your record. You need to find out what the problem is in the denial. Take the steps necessary to address those and fight vigorously on your appeal.
If you have any more questions about what to do if your license is denied, feel free to call U.S. LawShield and ask to speak to your Independent Program Attorney.
The preceding should not be construed as legal advice nor the creation of an attorney-client relationship. This is not an endorsement or solicitation for any service. Your situation may be different, so please contact your attorney regarding your specific circumstances. Because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circumstances to those described in this presentation may result in significantly different legal outcomes. This presentation is by no means a guarantee or promise of any particular legal outcome, positive, negative, or otherwise.