- Any person who suffers from a physical defect or
disease which would make it unsafe for him to handle
firearms, to any person who has ever been confined for a
mental disorder, or to any alcoholic unless any of the
foregoing persons produces a certificate of a medical
doctor or psychiatrist licensed in New Jersey, or other
satisfactory proof, that he is no longer suffering from that
particular disability in such a manner that would
interfere with or handicap him in the handling of
firearms. N.J.S.A. 2C:58-3c(3).
Also, a permit will be denied to any person who
knowingly falsifies any information on the application
form. N.J.S.A. 2C:58-3c(3).
- Any person under the age of 18 years. N.J.S.A.
2C:58-3c(4). - Any person where the issuance would not be in the
interest of the public health, safety, or welfare. N.J.S.A.
2C:58-3c(5). This catch-all provision can include
criminal charges or domestic violence complaints which
were ultimately dismissed or otherwise similarly
disposed of, but the State bears the burden of proving
that the applicant poses a continued public or personal
danger. In re J.W.D., 149 N.J. 108 (1997) (domestic
violence complaints dismissed); State v. Cunningham,
186 N.J. Super. 502 (App. Div. 1982) (charges
surrounding shooting of wife no-billed); see Hoffman v.
Union County Prosecutor, 240 N.J. Super. 206 (Law Div.
- (several assault and domestic violence charges
dismissed). It can also include disorderly persons
convictions. See In re Sbitani, 216 N.J. Super. 75 (App.
Div. 1986) (disorderly persons conviction for possession
of marijuana).
- Any person subject to a domestic violence
restraining court order against them forbidding the
possession of firearms. N.J.S.A. 2C:58-3c(6); see N.J.S.A.
2C:25-21; 18 U.S.C. § 922(g)(8).
E. How To Obtain A Permit To Purchase A Handgun
And Firearms Purchaser Identification Card
Applications for permits or cards shall be made in the
form prescribed by statute. N.J.S.A. 2C:58-3e.
Applications, with the payment of the required fee, must
be made to the chief police officer of an organized full-
time police department of the municipality where the
applicant resides or to the superintendent in all other
case. N.J.S.A. 2C:58-3d, e, f. The word “resides” is
synonymous with the term “domicile,” so a secondary
residence does not qualify. In re Berkeley, 311 N.J. Super.
99 (App. Div. 1998).The chief police officer or the superintendent shall
investigate the same, including obtaining the
fingerprints of the applicant and shall have them
compared with any and all records of fingerprints.
N.J.S.A. 2C:58-3e, f. In Weston v. State, 60 N.J. 36
(1972), the Supreme Court held that the chief police
officer or superintendent is obligated to investigate in
good faith. Although the investigation is conducted
through informal discretionary proceedings, the
applicant should be given an opportunity to discuss the
matter, to be informed of reasons for denial, and to offer
explanations or information for purpose of meeting
objections.Unless good cause for the denial thereof appears, the
chief police officer or superintendent shall grant and issue
the permit or card within thirty days from the date of
receipt of the application for residents of this State and
within 45 days for nonresident applicants. N.J.S.A.
2C:58-3d, f. Where a chief police officer has not received
fingerprint records from other agencies within thirty
days, there is “good cause” for denying or withholding a
decision for a permit or card. Adler v. Livak 308 N.J.
Super. 219, 223 (App. Div. 1998).F. Duration Of AuthorityOnce issued, a permit is valid for ninety days and may
be renewed for good cause for an additional ninety days.
A card is valid until such time as the holder becomes
subject to any of the disabilities and must then be
returned within five days. N.J.S.A. 2C:58-3f.G. Appeal From DenialAny person aggrieved by the denial of a permit or card
may request a hearing in the Superior Court of the county
in which he resides or, in all other cases, in the Superior
Court of the county in which his application was filed.
The request for a hearing shall be made in writing within
thirty days of the denial and proper service given. No
formal pleading or filing fee shall be required. The
hearing shall be held within thirty days. N.J.S.A. 2C:58-
3d.
In Weston v. State, 60 N.J. 36 (1972), the Supreme
Court held that the standard of review of denial is de novo,
with the introduction of relevant and material testimony.
Hearsay testimony is admissible, but any decision may