Why Might You Be Disqualified From Owning a Gun in NJ?
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Even in NJ, here in the United States of America, gun ownership is a Constitutional right under the Second Amendment. However, while gun ownership in the U.S. is primarily considered a fundamental right, it is subject to regulations. Of course, legislators constantly exceed their authority. New Jersey is one of the states with strict rules governing gun ownership. These laws limit who may legally own, purchase, or carry a firearm. Failure to meet the set requirements might result in you being disqualified from owning a gun altogether. This article discusses why you might be disqualified from owning a firearm in New Jersey.
General Legal Requirements for Purchasing a Gun
New Jerseyans looking to buy a long gun, such as a rifle, must apply for a Firearms Purchaser Identification (FID) Card through the Firearms Application & Registration System (FARS). To buy a handgun, you must also have a Permit to Purchase a Handgun, and to carry it, you must apply for a permit through the New Jersey State Police (NJSP) or local law enforcement.
In New Jersey, to apply for a Firearms Purchaser ID Card or handgun permit, you will need to not only fill out a form but also undergo fingerprinting, a mental health records check (not an evaluation), a criminal record background check, and provide character references.
What Reasons Can Disqualify You From Owning a Firearm in NJ?
NJ law prohibits several categories of individuals from registering for firearm permits. The following are some of the common reasons for disqualification;
- Age
In NJ, an individual under 18 cannot obtain an FID card authorizing them to purchase a rifle or shotgun, and if you are under 21, you cannot get a handgun permit.
- Criminal Conviction
NJ law prohibits individuals convicted of certain felonies from owning firearms, even if the offense happened outside New Jersey. Disqualifying offenses include robbery, aggravated assault, and racketeering.
- Disability or Physical Limitation
Someone who can’t safely use a firearm because of a physical limitation may not be allowed to obtain an NJ firearm license.
- Court Order
If there is a court order against you regarding possessing or using a firearm or ammunition, or you’ve violated such a court order, you cannot own a firearm.
- Mental Health Issues
New Jersey law prohibits firearm ownership by people who have ever been committed to a mental or psychiatric institution unless they can provide proof that they are well.
- Restraining Orders
People with active restraining orders against them cannot purchase a firearm.
Appealing a Denial
While many valid reasons exist for denying a firearm permit application, a denial isn’t always final. Also, sometimes, some denials are unjustified. If your application is rejected, you have the right to appeal. Under NJ law, you must request a hearing within 30 days of the rejection to protect your rights. At the hearing, you can present evidence, testimony, and arguments as to why your permit should be approved. These hearings take place before a Superior Court Judge at the county level.
It is highly recommended that you have an attorney during the appeal process. A knowledgeable New Jersey weapons advocacy attorney can review the reasons for the denial, collect supporting evidence, and build a compelling case on your behalf.
Contact Us for Weapons Possession Advocacy
We have handled these cases and attracted national news attention in the Kotchkowski case. If you have been denied a firearms permit application, contact our New Jersey weapons possession advocacy lawyers at Citizen Soldier Law to schedule a consultation.
