Malamut & Associates


What You Need to Know if Your Request for a Gun Permit in New Jersey Has Been Denied

 When a resident of the state of New Jersey applies for a gun permit, there are a few specific factors that can work against your ability to be approved. These range from failing to complete all of the required paperwork to having been confined for a mental health disorder, to having been convicted of a felony or a charge of domestic violence.  It is safe to assume that your permit application will be denied if you have a recent drug conviction, a recent DWI, or if you live with someone who would not be able to own a gun. But being denied does not mean that you are permanently deprived of your right to gun ownership – it simply means that you need to file a gun permit appeal. The attorneys at Malamut & Associates have a successful record of representing those who have needed to go through this process. Here’s what you need to know if your request for a gun permit in New Jersey has been denied.

The New Jersey Gun Permit application process involves first obtaining a valid New Jersey Firearms Identification card before being able to make a purchase or to possess a gun. The approval process can take several weeks, as references are checked, fingerprints need to be checked, and mental health records need to be confirmed. The process of filing an appeal when your application for this gun permit has been denied involves making an application to a higher court. This is frequently the Appellate Division, but that is not always the case. The process requires asking that the record of your application and the reasoning behind your denial be reviewed and gets a second look to determine whether a mistake has been made. The process is not simple paperwork – it takes the form of an actual trial before a judge, and includes the filing of legal briefs and making an oral argument. For this reason, it is highly recommended that you do not attempt to represent yourself, and instead put your case into the hands of an attorney who is familiar with the process. In the case of a gun permit appeal, failing to win the appeal often bars your ability to get the permit you seek without taking the appeal further up the court bureaucracy. This means going through the same process again, at additional expense.

The most common reasons that a gun permit application would be denied include providing false information on the application or a decision that the applicant having a gun would be against the interests of public health, safety or welfare. These issues can frequently be handled fairly quickly when you work with an attorney or law firm that has extensive experience in appealing gun permit denials, and there is a good chance that the process can be completed without the need to ever go into court. For more information, contact the attorneys at Malamut & Associates to discuss the specifics of your situation.