File a Gun Permit Appeal in Essex County NJ
Gun Permit Appeal Hearings in Essex County Court – Newark, NJ
If you applied for a gun permit in Essex County NJ (firearms ID card, purchaser’s permit, carry permit) and were denied, we can help. Don’t let the State deny your 2nd amendment constitutional right to own and possess a firearm in NJ. Our experienced gun permit appeal lawyers have literally handled hundreds of these cases throughout New Jersey with great results including in Nutley, Bloomfield, Roseland, Cedar Grove, and West Orange. Here is a review from one of our very satisfied clients who was successful winning a gun permit appeal in court:
I’ve been denied my gun permit in Essex County, what can I do?
First we need to understand why you were denied and if you are eligible for a gun permit in New Jersey. For example, if you have a felony on your record, you may be barred from owning or possessing firearms in New Jersey. In addition, if you have a restraining order filed against you, and you are the defendant, you are barred from owning or possessing firearms.
NOTE: You may be able to file an expungement to have your criminal record cleared and then apply for a gun permit in NJ. Our attorneys can discuss your expungement options when you contact the office for a free consultation.
NOTE: You may also be able to have your restraining order removed (depending on how old it is, if the Plaintiff objects, etc.). Our attorneys can also assist you in filing a motion to remove your restraining order if we believe you are eligible and a good candidate to have it lifted.
Now, if you are not barred from owning or possessing guns in NJ, you can appeal. Your appeal must be filed in writing with the Essex County Superior Court within 30 days and a copy of your appeal must be served upon the law enforcement agency who denied your application (in most cases your local police department).
Once your appeal is filed, the case will be scheduled for a hearing before a Superior Court Judge at the Essex County Courthouse, Criminal Division located at:
50 West Market Street
Newark, New Jersey 07102
973-776-9300
What happens at a gun permit appeal hearing in Newark NJ?
You will appear in person before an Essex County Superior Court Judge in the Criminal Division for your hearing. The Essex County Prosecutor’s office will represent the State in this matter. The Essex County Assistant Prosecutor will present evidence in court to justify the denial of your gun permit. The State’s witnesses usually include the police officer who reviewed your gun permit application and the reasons for the denial. It can also include other witnesses such as domestic violence victims from prior restraining orders or criminal charges that were filed against you (even if they were ultimately dismissed).
Once the State is finished, your attorney has an opportunity to cross-examine the State’s witnesses and provide your own evidence. You have the opportunity to testify as well. The prosecutor will then have an opportunity to cross-examine you as well.
Both attorneys will present closing arguments to the Judge and then the Court will make a decision either denying your gun permit appeal or granting your gun permit appeal and ordering the State to issue your permit.
If your gun permit appeal is denied, you do have 45 days to file another appeal to the Appellate Division in Trenton if you wish. This Appellate Court will consider the transcript of what happened at your hearing as well as legal arguments and briefs filed with the Court and then render an opinion. The Appellate Court, unlike the Superior Court, is a panel of three (3) Judges who will hear and consider your appeal and then make a decision.
Need Help with a Gun Permit Appeal in Essex County?
If you or a loved one has been denied your 2nd amendment rights by the State in Essex County NJ, contact our offices now for immediate assistance and a free initial consultation at 201-654-3464. We can explore your options and expediently handle your appeal of a denied gun permit application in Montclair, Verona, South Orange, Livingston, Belleville, and other communities in the northern New Jersey area.
