How Can I Obtain a Firearm Permit in New Jersey?

Reviewed by Carl Spector, Esq.

It is important to recognize New Jersey’s firearm permit laws before jumping into the process. Continue reading to learn more and reach out to our skilled Bergen County criminal defense attorney.

Who is eligible to receive a firearm permit in New Jersey?

It is critical to understand whether or not you are qualified to own a gun in New Jersey before you apply for a permit. In the state of New Jersey, the following individuals are not allowed to own a gun:

• Those convicted of aggravated assault, arson, burglary, extortion, homicide, kidnapping, robbery, or sexual assault
• Those found to have a mental disorder, unless there is satisfactory proof they no longer suffer from a disorder that handicaps them from handling a firearm
• Those convicted of the unlawful use, possession, or sale of controlled dangerous substances
• Minors under the age of 18 for a firearms purchaser identification card and any person under the age of 21 years for a permit to purchase a handgun
• Those who are drug dependent
• Those who have physical defects that make them unsafe to handle a firearm
• Anyone who has been convicted of a crime or a disorderly persons offense involving domestic violence, regardless of whether or not they were in possession of a weapon at the time of the offense
• Those subject to a restraining order issued in accordance with the Prevention of Domestic Violence Act of 1991, ultimately prohibiting them from possessing a firearm
• Any individual who was adjudicated as a juvenile for an offense that, if committed by an adult, would warrant a crime and the offense involved the illicit use or possession of a weapon or other destructive device
• Any individual who has had their firearm seized in accordance with the Prevention of Domestic Violence Act of 1991, and the firearm has not yet been returned
• To any person named on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the FBI
• To any person who is subject to a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the “Extreme Risk Protective Order Act of 2018”
• An alcoholic, a habitual drunkard, or a person who knowingly falsifies information on their application or firearms purchaser identification card

What are the different types of permits?

The state of New Jersey has two different kinds of gun permits that an individual can apply for. They include the following:

• Handgun Purchase Permit: Also referred to as HPP, this is used to apply for the purchase of handguns.
• Firearm Purchaser Identification Card: Known as FPID, this permit is required to buy a rifle, long gun, or shotgun.

You will need to recognize that obtaining a gun permit does not allow you to carry your gun. To be able to do so, you will need to have a license to carry, which is not easy to obtain in the state of New Jersey.

Those applying for a carry license should understand that New Jersey has strict requirements, and those found in unlawful possession of a weapon without a valid New Jersey permit can face harsh criminal consequences.

Applicants for a carry license must navigate strict state requirements, and if you are found in unlawful possession of a weapon without a valid New Jersey permit, you can face severe criminal consequences.

What documents are needed to apply for a gun permit?

To be able to apply for a gun permit, you will need the following documents:

• A passport
• A driver’s license
• 2 references
• An executed Consent for Mental Health Records Search

In addition to this information, the police will conduct a full and detailed background check with the FBI. This consists of a search of the applicant’s mental health records, an examination by the local police, and fingerprinting.

Do I Need an Attorney to File a Gun Permit Application?

While most individuals who want to apply for a gun permit typically do not need the assistance of an attorney for this process, those who meet a disqualification category should not proceed through this process until they have spoken with an attorney. Failure to do so may result in unremedied complications, which will likely result in the denial of your application.

The Permit Appeals Process

It’s important to understand that the permit process for obtaining a firearm in New Jersey can be incredibly strict, with many applications being denied by local police departments. As such, if your application was denied, it’s important to understand that you have the right to appeal the decision within 30 days of the receipt of the denial notice. Because permit appeals need a formal hearing and legal arguments, enlisting the assistance of an experienced attorney to help you through this process is critical to improve your chances of reversing the decision.

New Jersey Gun Crimes and Weapon Offenses

Because New Jersey imposes strict gun laws, those who fail to adhere to the proper legal channels to purchase, possess, or carry firearms can face serious criminal charges. As such, some of the most commonly charged gun and firearms offenses in New Jersey include:

• Unlawful carry, whether open or concealed
• Possession of a gun without a valid New Jersey permit
• Possession of a stolen or unregistered gun
• Bringing weapons, legal or illegal, into New Jersey from out of state
• Possession of an assault rifle or a sawed-off shotgun
• Unlawful possession of a BB gun, airsoft gun, spring gun, or air gun
• Unlawful possession of a baseball bat, crowbar, or knife for criminal purposes

Penalties and Charges for Gun Violations

In the event you are found in violation of New Jersey firearm laws and ultimately face a firearm conviction, you can anticipate severe penalties. Ultimately, the penalties you can face will depend on the type of firearm you are found in possession of.

• Crime in the Third-Degree: Unlawful possession of a:
  • Rifle
  • Shotgun
  • Spring gun
  • Air gun
• Crime in the Second-Degree: Unlawful possession of a:
  • Machine gun
  • Handgun
  • Assault rifle
• A crime in the second degree also carries a mandatory state prison sentence in accordance with the New Jersey Graves Act.

To learn more about firearm permits in New Jersey, reach out to our firm today. Our legal team is on your side.

Contact Our Bergen County Criminal Defense Firm

If you are facing criminal charges in New Jersey, you need strong legal defense. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey criminal defense attorney who will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.