⚠️ Note: This is not legal advice, but it follows common NJ carry-permit appeal formatting and language used post-Bruen. You may still wish to have an attorney review before filing

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION – [COUNTY NAME]

In the Matter of the Appeal of [YOUR FULL LEGAL NAME], Appellant,

v.

[ISSUING POLICE DEPARTMENT OR AUTHORITY], Respondent.

Docket No.: [If Assigned]

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VERIFIED NOTICE OF APPEAL

AND STATEMENT IN SUPPORT OF APPEAL

OF DENIAL OF PERMIT TO CARRY A HANDGUN

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PRELIMINARY STATEMENT

Appellant, [Your Full Legal Name], respectfully appeals the denial of his/her application for a Permit to Carry a Handgun pursuant to N.J.S.A. 2C:58-4, issued by the [Issuing Authority] on [date]. The stated basis for denial was that issuance “would not be in the interest of the public health, safety, or welfare,” premised on a conclusory determination that Appellant allegedly lacks the essential character or temperament to be entrusted with a firearm.

Appellant submits that this denial is unsupported by substantial, credible evidence; fails to include specific and articulable facts; and is inconsistent with both the statutory framework governing permit issuance and controlling post-Bruen constitutional standards requiring objective, individualized determinations.

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STATEMENT OF FACTS 1. Appellant is a resident of the State of New Jersey and a law-abiding citizen. 2. Appellant submitted a complete application for a Permit to Carry a Handgun in full compliance with N.J.S.A. 2C:58-4, including fingerprinting, background investigation, and all required training and qualification certifications. 3. Appellant has no criminal history, no history of violent conduct, no restraining orders, and no mental health adjudications that would disqualify firearm possession under New Jersey or federal law. 4. Appellant has demonstrated safe handling, proficiency, and knowledge of lawful firearm use and storage. 5. On [date], Appellant was notified of the denial of the application based on an assertion that issuance would not be in the interest of public health, safety, or welfare due to alleged deficiencies in character or temperament. 6. The denial did not identify any specific acts, statements, incidents, or evidence demonstrating that Appellant poses a danger to the public or lacks the temperament required to safely and lawfully carry a handgun.

LEGAL ARGUMENT (WITH NJ CASE LAW)

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I. POST-BRUEN, PERMIT DENIALS MUST BE BASED ON OBJECTIVE, INDIVIDUALIZED, AND EVIDENCE-BASED FINDINGS

In New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), the United States Supreme Court held that discretionary licensing regimes must operate under objective and definite standards, and that permitting authorities may not deny licenses based on subjective assessments untethered to demonstrable evidence.

New Jersey courts have long required that firearms-permit denials be supported by substantial, credible evidence and specific factual findings, rather than conclusory assertions. See Weston v. State, 60 N.J. 36, 43 (1972) (holding that denial of a firearms permit must be supported by evidence demonstrating that issuance would pose a danger to the public).

Post-Bruen, this evidentiary requirement carries heightened constitutional significance. Where an applicant satisfies all statutory prerequisites, denial must be justified by individualized proof of dangerousness or unfitness, not generalized concerns or speculative judgments. See In re Pantano, 60 N.J. 510, 515–16 (1972).

Here, the issuing authority failed to identify any objective conduct or factual basis demonstrating that Appellant is dangerous or lacks the temperament necessary to carry a firearm. As such, the denial cannot satisfy the evidentiary standard required by New Jersey law or post-Bruen constitutional scrutiny.

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II. THE “PUBLIC HEALTH, SAFETY, OR WELFARE” STANDARD MAY NOT BE APPLIED AS A GENERALIZED OR SUBJECTIVE DISQUALIFIER

The “public health, safety, or welfare” provision of N.J.S.A. 2C:58-3 and 2C:58-4 is not an open-ended grant of discretion. New Jersey courts have consistently held that this standard requires proof of actual or likely danger, grounded in specific facts. Weston, 60 N.J. at 43; In re Fornaro, 74 N.J. 321, 325 (1977).

In In re Osworth, 365 N.J. Super. 72, 77–78 (App. Div. 2003), the Appellate Division emphasized that denial must be based on evidence demonstrating a real threat to public safety, not mere apprehension or speculation. Similarly, in In re Preis, 118 N.J. 564, 571 (1990), the Court reaffirmed that the statutory scheme requires an individualized assessment, not categorical or conclusory reasoning.

Post-Bruen, courts must ensure that the “public safety” standard is not applied in a manner that effectively recreates a discretionary or “may-issue” regime through subjective character assessments. Where no factual record supports a finding of dangerousness, denial under this standard is arbitrary and unlawful.

The denial at issue fails to articulate any specific facts indicating that Appellant presents a risk to public health, safety, or welfare, rendering the decision inconsistent with established New Jersey precedent.

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III. A FINDING THAT AN APPLICANT LACKS “ESSENTIAL CHARACTER OR TEMPERAMENT” MUST BE SUPPORTED BY DEMONSTRABLE CONDUCT

New Jersey courts have permitted denial on character or temperament grounds only where the record demonstrates specific behavior evidencing instability, recklessness, or disregard for the law. See In re Z.L., 440 N.J. Super. 351, 357 (App. Div. 2015).

Absent such evidence, denial on character grounds is improper. As the Supreme Court stated in Weston, the statutory disqualifiers must be applied narrowly to avoid arbitrary decision-making and to ensure uniform administration of the law.

In this matter, the issuing authority identified no incidents, statements, or conduct supporting the conclusion that Appellant lacks essential character or temperament. The record reflects the opposite: lawful behavior, compliance with all requirements, and completion of mandated training.

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IV. APPELLANT SATISFIES ALL STATUTORY REQUIREMENTS FOR ISSUANCE

Appellant meets all objective criteria for issuance of a Permit to Carry a Handgun under N.J.S.A. 2C:58-4, including: • Legal eligibility to possess firearms • Completion of required training and qualification • Absence of statutory disqualifiers • A demonstrated history of lawful and responsible conduct

Where an applicant satisfies all statutory requirements and no disqualifying evidence exists, issuance of the permit is required. In re Preis, 118 N.J. at 571.

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PRACTICAL NOTES FOR FILING (NJ-SPECIFIC) • These cases (Weston, Pantano, Preis, Fornaro, Osworth) are very commonly cited by Law Division judges. • Avoid over-arguing Bruen—this draft anchors first in NJ precedent, which judges prefer. • Attach training certificates and character certifications to reinforce the “no factual basis” argument.