Written By:
Adam H. RosenblumYour Dedicated & Trusted Legal Team
3 Generations & 100+ Years of Combined Legal Experience
In New Jersey, you must obtain a Firearm Identification Card (FID) to purchase a shotgun or rifle, and obtain a permit to purchase a handgun. There are some types of guns that cannot legally be purchased, and an FID or handgun permit can be denied.
The FID or handgun permit application process is not a simple one. It involves a call to the local police department, an online application, and fingerprinting. If the application is not submitted correctly, you lose your application fee and have to start over. For this reason, it is better to use a New Jersey-licensed attorney to help with the handgun or FID application process.
Requirements and Eligibility for FID and Handgun Applications in New Jersey
As mentioned, in New Jersey, one must have an FID to purchase shotguns, rifles, and ammunition. One must also have a permit to purchase a handgun.
New Jersey’s gun laws are outlined in Title 13, Chapter 54 of the New Jersey Administrative Code. These regulations make semi-automatic weapons and clips of more than 10 rounds illegal. They also establish the FID and handgun license application rules and procedures. In particular, one must:
- Be at least 18 years old to get an FID and 21 to get a handgun permit
- Be a resident of New Jersey or have military orders that station them in New Jersey (dual residency is permitted for those who have homes in both New Jersey and another state)
- Get two sets of fingerprints
- Undergo a criminal history check with the state of New Jersey and the FBI
NJ law states that the applicant waives the right to confidentiality of periods of institutionalization because known criminals are not allowed to obtain an FID or handgun permit. In addition, individuals with severe physical disability, addiction, or psychiatric disabilities cannot qualify for a FID or handgun permit.
A FID does not expire, but it can be revoked. Handgun permits expire two years from the date of issuance.
Procedure for Applying for an FID in New Jersey
Here is how to apply for a FID in New Jersey:
- Contact the local police department. They will be able to answer any questions you have and must provide you with their originating agency identifier (ORI), which is needed for the online FID application.
- Complete the Consent to Mental Health Records Search. This form is required to ensure that those with psychiatric disabilities do not purchase firearms.
- Complete the Firearms Identification Card Application online. The FARS system accepts online applications for FIDs and handgun permits. One must provide the consent form mentioned in Step 2, complete the online application, and provide two unrelated references with complete mailing addresses. Initial fees are $50 for an FID, $25 for a handgun permit, $20 for the criminal background check at the time of application.
- Follow instructions for fingerprinting. Fingerprinting is handled by IdentoGo. The instructions and fees associated with getting two sets of fingerprints are provided upon a complete and successful FID application.
- Wait up to 14 days for the application to be processed. Most FID applications and handgun permits are processed in less than two weeks.
If an application is denied, an appeal can be filed with the New Jersey Superior Court.
How An Attorney Can Assist Someone Applying for an FID or Handgun License in New Jersey
It is a good idea to have an attorney assist with applying for an FID or handgun license in New Jersey. An attorney can provide an initial consultation and determine someone’s eligibility. They can also ensure that the application forms are completed correctly the first time.
There are some common challenges with FID applications, including:
- A delay, denial, or request for additional information. For example, if one has a history of mental illness, New Jersey might request additional information from a doctor stating that the psychiatric disability is no longer an issue.
- An incomplete application. Applications that are not completed correctly and are thrown out. If this happens, one must start the process over again.
An attorney can help navigate and help avoid these issues. They can also advise on compliance with state and federal firearms laws, and the rights and responsibilities of firearm ownership once the application has been approved.
The best way to avoid having a FID application denied is to hire an attorney to help complete the application to avoid errors. If needed, an attorney can represent applicants in the New Jersey Superior Court to appeal a denial.
FAQs
Any adult over the age of 18 residing in New Jersey is eligible to apply for a FID, so long as they do not have a criminal history or a physical or psychiatric disability that makes gun ownership unsafe.
In addition to the application, you must consent to a search of mental health records. If you have a history of mental health issues, you may need documentation from a doctor stating that these are no longer present. Likewise, if you have a prior criminal record that was to be expunged, you may need to provide documentation to that effect.
The FID applications are processed within two weeks of receipt in most cases. Expedited service is available for a fee through the local police department.
The most common reasons for FID application denials are a criminal history or history in the mental health system. It is also possible to be denied if you have a physical disability that prevents you from using a gun safely.
Yes, you can appeal a denied FID application with the New Jersey Superior Court.
No one in New Jersey may own semi-automatic weapons or weapons with clips that hold more than 10 rounds.
You do not necessarily need a lawyer to apply for a FID. However, if you feel there may be challenges to getting your application approved, the assistance of an attorney is preferable to going it alone. You may also want to use an attorney to apply for a FID if you find the application process confusing.
Possession of a handgun without a FID and a permit in New Jersey is a second degree offense that carries a sentence of 5 to 10 years in state prison. Possession of a shotgun or rifle without an FID is a crime in the third degree, and is punishable by 3 to 5 years in state prison.
Call Rosenblum Law Today for Your FID or Handgun Application
The FID and handgun application process can be challenging, and it is important to get legal guidance to avoid your application being delayed or denied. It is equally important that you not try to purchase or possess a firearm without an appropriate license, which is a violation of New Jersey law and could result in a charge of illegal weapon possession.
Rosenblum Law is dedicated to protecting Americans’ right to bear arms, and we are here to help you purchase firearms legally. Contact us today at 973-750-9556 to schedule your consultation.
About The Author
Adam is the founding attorney and principal of Rosenblum Law. With more than two decades of legal experience in numerous areas of law practice, his primary focus is law firm management and business development.
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How to Cite Rosenblum Law’s Article
APA
Adam H. Rosenblum (Sep 5, 2012). Top 10 Questions to Ask a Criminal Lawyer Before Hiring Him. Rosenblum Law Firm, https://rosenblumlaw.com/top-10-questions-to-ask-a-criminal-lawyer-before-hiring-him/
MLA
Adam H. Rosenblum "Top 10 Questions to Ask a Criminal Lawyer Before Hiring Him". Rosenblum Law Firm, Sep 5, 2012. https://rosenblumlaw.com/top-10-questions-to-ask-a-criminal-lawyer-before-hiring-him/