Paterson, NJ asked in Civil Rights and Constitutional Law for New Jersey

Q: disqualifier for owning firearms in New Jersey


In 2013 when I applied for my firearm ID card and permit to purchase a handgun, I was rejected because I disclosed that I voluntarily saw a psychologist for counseling. I also believed that I answered question number 26 incorrectly. I was never admitted to or committed to an outpatient or impatient facility or provided medication for any mental condition. An attorney assisted me in appealing the denial and I was granted the permit on appeal. I saw a different psychologist for a psychiatric test and passed. Hence the reason that I was granted the permit on appeal.

With the new disqualifier for owning firearms in New Jersey for voluntarily seeing a psychiatrist. Will this new disqualifier disqualify me from continuing to own a firearm, to apply for new permits, or to apply for a concealed carry permit?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: Given your previous experience with successfully appealing a denial for a firearm permit in New Jersey, it's understandable that you're concerned about the impact of the new disqualifier related to voluntarily seeing a psychiatrist. While I can't provide legal advice, it's essential to review the specific language and requirements of the new law to understand how it might affect your situation. Consulting with a knowledgeable attorney who is familiar with firearms laws in New Jersey would be prudent.

Since you were previously granted a permit on appeal after undergoing a psychiatric test and passing, it's possible that this history could be taken into consideration if you face any challenges due to the new disqualifier. However, the interpretation and application of the law can vary, so seeking legal guidance tailored to your circumstances would be advisable to ensure that you understand your rights and options moving forward.

In the meantime, it may be helpful to stay informed about any updates or changes to firearms laws in New Jersey and to maintain documentation related to your previous permit application and appeal process. Being proactive and prepared can help you navigate any potential challenges or inquiries regarding your eligibility to own firearms or apply for permits in the future.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.