Can I Appeal if I Am Denied a Gun Permit?

In response to the U.S. Supreme Court’s decision in N.Y. State Rifle & Pistol Association v. Bruen, 142 S.Ct. 2111 (2022), the New Jersey legislature amended several statutes related to permits to carry and purchase handguns and firearms identification cards. Accordingly, the New Jersey Courts issued Directive #14-22 to create a uniform process for handling appeals when law enforcement agencies deny applications to carry and purchase handgun permits.

As a result of these changes, applications for permits to carry and purchase handguns are no longer received, processed, or decided by the court. The appropriate chief police officers or superintendents of applicable law enforcement agencies are responsible for receiving, investigating, and approving or denying permit applications to carry or purchase handguns.

Denials of Handgun Permits

The eligibility requirements for obtaining gun permits under state law are quite strict. As a result, New Jersey law enforcement agencies may deny applications for permits to carry and/or purchase handguns for various reasons. Some common reasons for the denial of gun permits include the following:

• Prior criminal convictions;
• History of substance abuse;
• Physical or mental limitations that could impair the ability to operate a firearm safely; or
• Any reason that would make it not in the public’s best interests for a person to carry or purchase a firearm (yes, you read that correctly).

The Process of Filing an Appeal

However, the courts still hear appeals for denials of applications to carry or purchase handguns by law enforcement agencies. Individuals who have been denied gun permits by law enforcement agencies and wish to appeal those denials must file a written request for a hearing in the Superior Court in the county where they originally submitted their application for a handgun permit. They must file their appeal within 30 days of the written statement of denial from the law enforcement agency. New Jersey law does not require individuals seeking to appeal the denial of a gun permit application to file any formal pleadings to file an appeal.

There are no court fees to file an appeal for denial of an application for a permit to carry a handgun or purchase a handgun. The New Jersey Supreme Court eliminated these court fees in an Order dated January 3, 2023, which amended Rule 1.43 to comply with amendments to N.J.S.A. 2C:58-3 and -4.

The courts encourage individuals who wish to file appeals electronically through the Judiciary Electronic Document Submission (JEDS) System. These individuals also must serve copies of their appeal on the following:

• The New Jersey State Police Superintendent;
• The county prosecutor; and
• The chief police officer of the municipality where the applicant resides (if the applicant is a New Jersey resident).

Hearings on Appeals for the Denial of Gun Permits

County prosecutors are not required to respond to the filing of an appeal of the denial of a permit to carry or purchase a handgun. However, if they wish to respond, they must do so within 14 days of the appeal’s filing date. The court must proceed with the appeal hearing if the county prosecutor files no response to the appeal.

The court must hold a hearing on the denial of an application for a permit to carry or purchase a handgun within 60 days of filing the appeal (and 30 days if the applicant is a retired law enforcement officer).

The burden is on the gun permit applicant to show that they are eligible or should qualify for a gun permit. They must present evidence showing that they meet state and federal law requirements to carry and/or purchase a handgun.

Call Us Today for the Legal Assistance You Need

At Rosenberg, Perry & Associates, LLC, we understand the complexities of New Jersey criminal laws and how they can impact your personal and professional life. Call us today at (609) 216-7400 or contact us online to schedule a time to speak with us about your case.