Sussex County Gun Permit Appeal Lawyers
Handling Firearms Permit Applications and Denials in Newton, New Jersey
Are you interested in exercising your 2nd amendment constitutional right to bear arms? Did you apply for a firearms ID card in Sussex County NJ and you were denied? We can help. Our experienced gun permit appeal lawyers can assist you through every step of the process including applying for a gun permit, applying for a carry permit, or filing a gun permit appeal if your initial application was denied in Belvidere, Frankford, Greenwich, Sparta, Vernon, Phillipsburg, Pohatcong, and throughout Sussex County and Warren County, New Jersey. Contact our offices anytime for immediate assistance and a free initial consultation at 973-755-1695.
Applying for a Gun Permit or a Carry Permit in Sussex County?
If you are interested in applying for a purchaser’s permit for a handgun or a firearms purchasers ID card (for a rifle or shotgun) you can apply on your own or hire an attorney to assist you. Your gun permit application will be filed with the chief of police in the town you reside or with the superintendent of the NJ State police. You can also apply for a carry permit in similar fashion. If your applications are denied, you have the right to appeal.
What to do to Appeal a Gun Permit Denial in New Jersey
If you applied for a gun permit in Sussex or Warren County NJ and you were denied, you have the right to appeal. First, you must determine if you are barred from owning or possessing a firearm in NJ. For example, if you have a felony conviction on your record, then the State was justified in denying your gun permit application because you are not eligible to own or possess a firearm in NJ. However, you may be able to file an expungement to remove the felony from your record (if you are eligible) and then reinstate your NJ gun rights. In addition, if you have a restraining order against you, you are also not eligible to own or possess firearms in NJ. Similarly, if the restraining order is dismissed at some point, you can potentially apply to reinstate your gun rights in NJ.
If you are not barred from owning or possessing firearms in NJ, then you can file your gun permit appeal. Your appeal must be filed within 30 days of the issuance of your denial and must be filed in the Sussex County Superior Court with a copy of the appeal also being served on the law enforcement agency who issued the denial (usually the Chief of police in the town where you reside or the NJ State police). In Sussex County, your appeal will be filed and heard here:
43-47 High Street
Newton, New Jersey 07860
862-397-5700
The gun permit appeal will be heard before a Sussex County Superior Court Judge in the Criminal Division. The State will be represented by the Sussex County Prosecutor’s office at the hearing.
Hearings on Denied Gun Permit Applications
The State will attempt to justify the reason for your gun permit denial. They will call witnesses, including usually the police officer who considered your gun permit application, as well as the reasons you were denied which can include the following:
- Background check (known as criminal case history or CCH)
- Mental health records
- Restraining orders
- Police reports
- Other witnesses (victims of domestic violence, etc)
The State will also provide you with this discovery (evidence) before the hearing so you can review it with your attorney. After the witnesses testify, your attorney will have an opportunity to cross examine them and produce your own evidence. You also will have the opportunity to testify.
Once all of the parties are done with their witnesses and evidence, they have an opportunity to make closing arguments to the Judge. Finally, after everyone is finished, the Judge will render an opinion and either deny the gun permit appeal or grant the gun permit appeal and order the State to issue the gun permit to the applicant.
Need Help with Gun Permit Appeal Sussex County?
If you have been denied your gun permit application in Franklin, Hackettstown, Hopatcong, Lopatcong, Newton, Mansfield, or another town in Sussex or Warren County NJ, contact us now for immediate assistance at 973-755-1695. The initial consultation is always provided free of charge.
