Open Letter to New Jersey Legislative Body Regarding Racist Gun Permitting Law

The following is an open letter I sent to every lawmaker in New Jersey concerning a section of the law that’s been used disproportionally against black permit-to-carry applicants. If you’re a New Jersey citizen, you should be outraged by both the subjective nature of the statutes used as well as the way they’re used to deny Black applicants their rights more than double that of their white counterparts.

Attention New Jersey Lawmaker:

This is an open letter to the entire legislative body of New Jersey. I’m a freelance journalist and I cover the Second Amendment, in particular in New Jersey. I’m seeking a comment from each individual legislator that’s willing to go on the record.

I recently covered some data that I received via an OPRA request/the N.J. Permit to Carry Dashboard. That data shows that Black permit to carry applicants are denied permits to carry more than double that of whites in N.J. post-Bruen.

To make matters worse, a “subjective standard” is used 2.2 times more against Blacks to deny them permits to carry over whites. The subjective standard is: 2C:58-3c.(5), where an issuing authority can withhold the issuance of a permit to carry, firearms id card, or pistol purchasers permit with the law stating permits “shall not be issued” to:

“To any person where the issuance would not be in the interest of the public health, safety or welfare because the person is found to be lacking the essential character of temperament necessary to be entrusted with a firearm;”

This legislative body recently made changes in 2022 to the permitting and carry law in the state. 

Rather than abolishing the use of “subjective standards,” – as required by Bruen –  this body changed the language of 2C:58-3c.(5) to make it worse. That language used to be, “To any person where the issuance would not be in the interest of the public health, safety or welfare.”

The legislators who voted in favor of this change voted for a law change that is now being disproportionately used against Blacks.

62 jurisdictions in New Jersey and the State Police barracks have used 2C:58-3c.(5) to deny permit to carry applicants their permits since June 23, 2022.

My full coverage on this data can be read here: Black Applicants for N.J. Permits to Carry Denied More Than Double Whites

Further coverage on the subjective standard can be read here: Data Shows Majority of N.J. Carry Permit Denials Based on Verboten Subjective Standard

I’m seeking comment on how the statute is being weaponized disproportionately against Black applicants and further, I seek a commitment from this body to see that this law be changed to abolish 2C:58-3c.(5).

I ask that the legislative body launch an inquiry with the Attorney General’s office and they demand that he send out guidance for departments to no longer use this racist law in determining eligibility via the opinion of the issuing authority.

I also ask that the legislative body confront Governor Phil Murphy with this data and get his commitment that he’d enact a law seeing the repeal of such Jim Crow style tactics being used in modern New Jersey.

Your commitment to an on the record comment is appreciated as well as your swift action.

Warmest Regards,
John Petrolino

About John Petrolino

John Petrolino is a US Merchant Marine Officer, writer, author of Decoding Firearms: An Easy to Read Guide on General Gun Safety & Use and NRA certified pistol, rifle, and shotgun instructor living under and working to change New Jersey’s draconian and unconstitutional gun laws. You can find him on the web at www.johnpetrolino.com on twitter at @johnpetrolino, facebook at @thepenpatriot and on instagram @jpetrolinoiii .