Bergen County Firearms Permit Appeal Attorneys
Gun Permit Appeal Lawyers with offices in Hackensack, NJ
The Hackensack gun permit appeal attorneys at the Tormey Law Firm LLC are ready and able to assist you with all aspects of the gun permit process in New Jersey. As a result, if you need an attorney to assist you in applying for a purchasers permit, a firearms ID card, or a carry permit in NJ, we can help. Further, if for any reason your gun permit application was denied, our NJ gun permit lawyers can file an appeal of that rejection so that a hearing can be held in court and a judge can decide whether or not you should be entitled to a gun permit in NJ. In fact, one of our attorneys used to prosecute the gun forfeitures and gun permit denials for the State of NJ in Morris County as a Morris County assistant prosecutor. Now, let him use his experience, expertise, and knowledge to fight for your gun rights in New Jersey. Contact our Hackensack office anytime for immediate assistance at (201)-330-4979. The initial consultation is always provided free of charge.
How to File a Gun Permit Appeal in NJ
If your gun permit application was denied, you are entitled to request a hearing in the Superior Court in the county in which you filed the application. This request must be made in writing within 30 days of the initial denial and must be served upon the County Prosecutor in the county in which the hearing will occur, the Superintendent of the New Jersey State Police, and the Chief of Police in the municipality in which you reside.
In addition, if you fail to appeal within the allotted time, you can re-apply in the future but you must disclose that you previously applied and you were rejected. There is no fee for filing a gun permit appeal.
The Court must then set a date for the appeal hearing, which must be held within 60 days of the receipt of your request. Before the hearing, you will receive a discovery packet containing your initial application and associated documentation, including criminal background checks, mental health records, responses from the references you provided, and notes from investigating officers. This discovery packet may be provided by the Prosecutor’s Office, the local police department, or the township attorney.
An appeal hearing is a complex legal proceeding, requiring evidence, testimony, and a compelling argument in your favor. Due to the intricacies of this process and the long-term implications, it is highly advisable to enlist an attorney who has experience with gun permit appeals. Your attorney should utilize the discovery packet, as well as any other relevant information, to support your case. Our New Jersey gun lawyers have achieved great success representing clients across New Jersey at these hearings. We employ all of the knowledge, experience, and resources at our disposal to obtain superior outcomes.
At the hearing, after the appeal is filed, you will appear in Superior Court before a Judge for a testimonial hearing. The Assistant Prosecutor who represents the State of New Jersey will present their evidence to support the denial of your permit, present witnesses to testify, and you or your attorney will have the opportunity to object to any evidence that is potentially being used against you. You or your attorney will also be able to cross-examine, or ask questions, of the witnesses the State presents against you. This is usually police officers who review your firearms application and may also include alleged victims of domestic violence or alleged victims of criminal activity (where applicable), or other potential witnesses who may object to you owning a firearm.
Once the State presents their case, then you will have the opportunity to testify and explain why the denial of your permit is an error by the State. You can present your own witnesses, your own documentary evidence, and answer questions through your attorney, if you have one, to show why you are not disqualified from owning a firearm in New Jersey. You will then be asked questions by the Prosecutor on cross-examination based on the evidence you presented, and the evidence presented against you. Afterwards, you can present a closing argument as will the state before the judge decides the outcome of your appeal, which is usually an oral decision in court on the same date. If you prevail and get the denial overturned, you will be issued your firearm permit. If you are denied, however, you have 45 days from the date of the judge’s decision to appeal to the Appellate Division in Trenton, where you will explain to a panel of 3 judges why the judge in Superior Court decided your case incorrectly. If you fail to appeal, then you must reapply in the future where you have to disclose you were previously denied.
Frequently Asked Questions (FAQ) Regarding Bergen County Gun Permit Appeals
FAQ: Is it possible to resolve the case without a hearing? Yes, in some cases we are able to convince the State to grant the permit or sometimes cases are settled with other types of settlement agreements.
FAQ: Does an expert witness need to testify? In some cases where your mental health is it issue, yes, utilizing an expert witness can benefit your case.
FAQ: What do we have to show the Judge at the hearing? That currently you are not disqualified from owning a firearm and you are currently fit to own and possess a weapon.
File a Gun Permit Appeal in Bergen County NJ Now
At the Tormey Law Firm LLC, one of our attorneys used to prosecute these hearing for the Morris County Prosecutor’s office when he was an assistant prosecutor there. Now, he represents our clients who are attempting to utilize their rights to own, purchase, and possess a firearm in the state of NJ. Contact our skilled Bergen County NJ gun permit attorneys now for a free initial consultation at (201)-330-4979.
