Gun Permits

New Jersey Gun Permit Attorneys 

The Second Amendment is consistently under attack in New Jersey and to a lesser extent, the United States.  The Criminal Division of the Superior Court is responsible for the issuance of permits to carry handguns, retail firearms licenses and appeals from the denial of a firearms identification card/purchasers permit. Revocation hearings on any type of gun permit are also held in the Superior Court.  Our team of tough, smart attorneys can assist you with any application, appeal, revocation or forfeiture proceeding. 

Call us now at 732-247-3340 to discuss how we can help you cut through all of the red tape with the police chief and courts so you can get your permit quickly and without great expense to you! 

We can help you with any permit in any court in New Jersey.  Regardless of where you live, call us today to discuss how we can help you.  If you cannot make it to one of our offices, we can set up a free telephone consultation with you. 

Why get an attorney?

In a perfect world, there would be no need to get an attorney for a gun permit.  However, we have received a lot of anecdotal evidence that permits have been denied on "technical grounds".  A decision regarding a gun permit must be made within 30 days.  Nevertheless, clients have waited up to six months just to get any number of excuses such as:  your prints haven't come back yet, we are too busy, we switched people who handle the permits, the chief has been out, your references haven't called us back, we don't have your prints back from the FBI yet, etc.  In addition, permits have also been denied for old DWI's, minor criminal offenses and domestic violence charges where the applicant was found not guilty or the charges were dismissed. 

By getting an attorney to help you with the permit process, most of these problems can be avoided.  We monitor every step of the process to make sure that everything is in order and a decision is made within the mandatory 30 day time limit.  This saves you money as an appeal can be costly.  For example, we recently helped a client Robert B. with a carry permit.  He was denied by his local chief of police.  Jef Henninger, Esq. fought hard at the appeal hearing and won.  Afterwards, the chief told Jef that if he would have been involved in the beginning, he would have accepted Robert's application.  This would have saved Robert a lot of money.  Since our goal is to always get you the best result for the best price, call us now so that you don't have to call us later! 

Firearm Purchaser Identification Card

In order to purchase a rifle, shotgun or antique cannon, other than an antique rifle or shotgun, a firearms purchaser identification card (FPIC) must be obtained. Applications should be  submitted to the chief of police in the municipality in which the applicant resides, or to the State Police station if the applicant's municipality is served by the State Police.

An attorney can help ensure that your application is granted the first time.  We charge a nominal fee for FPIC applications.  However, applicants who are denied a firearm purchaser identification card by the chief of police or the State Police are entitled to appeal the decision to the Superior Court.  The applicant must file a written notice of appeal (letter) within 30 days of the denial to the Superior Court of the county in which he/she resides, or to the Superior Court of the county in which the application was denied if a non-resident. The appeal hearing should be held within 30 days of the filing.  An application denied by a Superior Court judge may be appealed to the Appellate Division.

Permit to Purchase a Handgun

In order to purchase a handgun -- defined as a pistol, revolver, or other firearm originally designed or manufactured to be fired by the use of a single hand -- a permit is required. The application procedure is similar to the FPIC described above. The appeal process of a denial by a chief of police or the State Police is also the same as above. A permit to purchase a handgun is valid for 90 days from the date of issuance, and may be renewed for an additional 90 days for good cause shown. An application denied by the Superior Court may be appealed to the Appellate Division.

Permit to Carry a Handgun

In order to carry a handgun, a permit is required. The procedure described above for obtaining an ID card and to purchase a handgun is similar to the procedure to apply to carry a handgun. However, applicants who are out of state residents, are employed by an armored car service or where there is no police chief in the Municipality in which the applicant resides must apply to the State Police.  There is a $20 permit fee that must be paid upon issuance of the permit.

Once a completed application is received by the Superior Court, the matter is docketed and scheduled before the assigned gun permit judge. If the armored car service employer had not previously appeared before the judge, or if justifiable need has not been demonstrated, a hearing is required.  Thus, it is vital for the police chief to agree that there is a justifiable need. The judge makes a determination by review of the applicant's current circumstances based upon the statutory criteria cited above. The court shall issue the permit to the applicant but only if it is satisfied that the applicant is a person of good character who is not subject to any of the disabilities set forth in section N.J.S.A. 2C:58-3c, that he or she is thoroughly familiar with the safe handling and use of handguns, and that he or she has a justifiable need to carry a handgun.

Justifiable need may be proven by showing that there is an urgent necessity for self-protection, that the applicant is subject to a substantial threat of serious bodily harm, and that the carrying of a handgun is necessary to reduce the threat of unjustifiable serious bodily harm to any person.  This is a very tough standard, especially due to the current climate towards guns in New Jersey.  The judge can impose restrictions to carry a handgun and issue a limited-type permit. The permit is valid for two years. Renewal permits can be issued subject to the same procedures as the original permit was obtained. Change cards can also be issued where an applicant wants to change the present restriction, the employer or the type of weapon. Applicants who are not granted a permit by the chief of police or superintendent of the State Police may appeal to the Superior Court within 30 days of denial. Applicants who are denied a permit by the Superior Court may appeal to the Appellate Division.

Retail Dealer License

A retailer of firearms and their employees are required to obtain a license to sell. The license to retail firearms is processed by the State Police similar to the procedure described above. When complete, the application, including the license and investigative report, is forwarded to the Superior Court in the county in which the applicant maintains his/her place of business. The judge shall grant a license to an applicant if he or she finds (1) that the applicant meets the standards and qualifications established by the superintendent (2) that the applicant can be permitted to engage in business as a retail dealer of firearms or employee thereof without any danger to the public safety, health and welfare (3) that the applicant is not subject to any of the disabilities which would prevent him/her from obtaining a permit to carry a handgun or a firearms purchaser identification card. The court may issue a license upon review or may conduct a hearing requiring additional testimony.

There is a $50 fee payable to the superintendent and the license is valid for three years from the date of issuance. Applicants for renewal licenses must follow the same procedure as for the initial application. Any person denied a retail license by a Superior Court judge may file an appeal with the Appellate Division.  Our attorneys can handle both the initial application and appeal in an effective, aggressive and inexpensive manner. 

License to Possess and Carry Machine Guns and Assault Firearms

Any person who desires to purchase, possess and carry a machine gun or assault firearm must apply to the Superior Court in the county in which he or she resides, or conducts his or her business if a non-resident. The application should be filed with the Criminal Division Manager's Office along with a $75 filing fee. The applicant should provide the court with the same material as if he or she were filing an application for a permit to carry a handgun, as the judge cannot issue a license without making a finding that the applicant would qualify for such a license. All applications are forwarded to the county Prosecutor's Office for investigation and recommendation. The court must find that the applicant qualifies for a permit to carry a handgun, and that the public safety and welfare require issuance of the permit. Unless otherwise provided in the court order, the license is valid for 1 year from the date of issuance. The assault firearm license is valid for 2 years from the date of issuance. Licenses may be renewed in the same manner and under the same conditions as applying for the original application. Any person aggrieved by the decision may appeal to the Appellate Division.

Revocation of Permits and Licenses

Licenses, identification cards and permits are subject to revocation on the application of the county prosecutor, the chief of police, any law enforcement officer or any citizen after notice and hearing of the issue by the court if (1) the applicant breached any of the conditions under which the license was granted and (2) the holder no longer qualifies for the issuance of the license, permit to purchase a handgun or firearms purchase or identification card or poses a danger to the public health safety or welfare.  If you are subject to revocation for any reason including a domestic violence restraining order, call our team of tough, smart attorneys today!