New Jersey has some of the most restrictive firearms laws in the country. The application procedure was designed to be complicated, rigorous and exclusionary. It can be extremely frustrating for applicants, especially if your Firearms Purchaser Identification Card application was denied. Many applicants assume a denial is the end of the road, however, denials can be challenged and with the right legal strategy, they can be overturned.  Here is how to do it. 

When appealing a denial of a Firearms Purchaser Identification Card application, time is of the essence. Appeals must be filed within 30 days of the denial. Appeals are heard by the Superior Court in the County where the application was denied. Judges are required to strive to act on appeals within 60 days and should not exceed that 60-day timeframe without good cause. The application must be served upon 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.   

At the hearing, the county prosecutor will present the basis for the denial and you will be given the opportunity to present facts, evidence and legal argument as to why the denial was an improper violation of your Second Amendment rights. This is your chance to provide context, correct misunderstandings and prove that granting your application would not threat to public safety.  The Superior Court Judge will determine whether the application was properly denied.  The Judge will make an independent determination and is not required to defer to the decision of the police department. 

These appeals are highly fact-sensitive and often hinge on how your case is presented. This is where effective legal counsel comes into play. In many cases, applications which were initially denied have been reversed thanks to a well-reasoned, well-prepared and well-argued appeal. The law provides a path forward, but it must be pursued with care and without delay.  

If you feel that your Second Amendment rights have been violated in New Jersey, now would be a great time to contact one of the lawyers at Lavery, Selvaggi, and Cohen to discuss strategies for your appeal.