The Supreme Court of the United States hears only a handful of Second Amendment-related cases each year, but a New Jersey plaintiff is making a Hail Mary request for a writ of certiorari in a case that challenges the state’s subjective criteria in its firearms permitting scheme in violation of the Bruen decision.
The case of R.R. v. New Jersey, brought by the Nappen firm, dates back to a 2022 denial of a permit to carry a handgun, pursuant to the state’s N.J.S.A. sec. 2C:58-3c(5) “in the interest of public health, safety, and welfare,” clause.
We have covered other similar cases challenging that clause here and here.
The case has a procedural history dating back to an August 2023 permit appeal denial, followed by an August 2025 decision by the New Jersey Superior Court – Appellate Division affirming the lower court’s decision. In December of 2025, the Supreme Court of New Jersey declined to hear an appeal.
The case builds its foundation on the argument that New Jersey’s “may-issue” permitting standards defy the 2022 Bruen decision because “authorities have discretion to deny concealed-carry licenses even when the applicant satisfies the statutory criteria, usually because the applicant has not demonstrated cause or suitability for the relevant license.”
Specifically, the petitioner argues that his Second Amendment liberties were violated because of expression of free speech related to his religious views. The petitioner has never threatened anyone, has no mental health background check flags, was found mentally safe to carry a firearm by a medical professional, has no history of violence or criminal convictions, has never been subject to a restraining order, and has possessed firearms since 1980.
The case also brings a unique challenge, alleging racial animus:
We challenge New Jersey’s reliance upon racist, outlier laws as acceptable historical analogues under a Bruen analysis. They are not analogous to this provision’s broadly applied and indefinite “interest of public health, safety or welfare” disqualifier. In addition, all such racist laws are outrageous and unconstitutional.
The petition for a writ of certiorari cites reporting from News2A contributor and award-winning journalist, John Petrolino, who uncovered and reported on significant racial disparities in the state’s permit to carry scheme that denied black applicants at a rate double that of whites. Mr. Petrolino has subsequently sued the New Jersey State Police for denying virtually all of his Open Public Record Act information requests.
The petition is a long shot by any standard, but if taken would mark one of the first cases challenging the state’s permitting scheme on grounds of racial disparity and would perhaps be of interest to the Civil Rights Division led by AAG Harmeet Dhillon.
