NJ state police sued for keeping retired cops’ gun carry permits a secret
A gun rights advocate lawsuit filed Because the New Jersey State Police refuses to release anonymized records on how many retired law enforcement officers have permits to carry guns.
John Petrolino, a firearms instructor and author who focuses on Second Amendment issues, wants the data to show both how many retired officers have carry permits and whether the racial disparities he discovered among civilian applicants denied carry permits extend to retired officers.
“This is like a sunshine issue to me. It paints a picture of who is and isn’t taking advantage of these types of permits. We don’t have a complete picture right now of the number of carry permit holders in the state,” Petrolino said. “This should be public record, period. Why do we keep these things that are no different than how many driver’s licenses — or liquor licenses or anything else — do?”
In 2023, former Attorney General Matt Platkin ordered police departments statewide to submit carry permit application data, including demographic information, to state police, and the state launched a publicly available, searchable application. website In March 2024.
Data here shows that police have submitted 99,689 transportation applications since December 2019 and approved all but 481. The applications are pending before the US Supreme Court in June 2022. Bruen He explained that gun owners have a constitutional right to bear arms and that states cannot require gun owners to prove they must remove firearms from their homes or businesses.
The number of civilians with active carry permits is likely lower than 99,689 because the permits are valid for two years and the dashboard does not show how many permits have expired since 2019.
The dashboard also doesn’t show how many retired police officers have carry permits; but that number is likely in the thousands, given that the state’s largest police union, the New Jersey State Police Benevolent Association, says it represents about 17,000 retired police officers.
Retired police officers do not need a separate license to carry a concealed weapon because the Federal Law Enforcement Officer Safety Act of 2004 gives them that right and federal courts have upheld that right. supported. But a New Jersey State Law It expands carry rights for retired police officers by allowing things like open carry and hollow-point ammunition and higher-capacity magazines if they obtain a special “retired police officer permit” with age limits and qualification requirements.
The state’s carry permit website had not been updated since Platkin and former Gov. Phil Murphy left office in January until Friday, after the New Jersey Monitor asked the attorney general’s office about it and the National Rifle Association issued a statement. expression complaining about this. The NRA accused Gov. Mikie Sherrill’s administration of “either dragging its feet or… sweeping the issue under the rug” and called on its supporters to pressure lawmakers to pass the legislation. a bill This legislation, which would systematize public reporting on permit data and applicant demographics, is currently before the State House.
The transport permit website is one of them about a dozen where the government publicly reports on everything from shootings, bias incidents, and traffic accidents to police discipline, officer diversity, and civilian asset forfeitures. Reporting on some of these sites appears to be delayed by months to a year or more, but Attorney General’s spokesman Michael Symons said they all remain active and updates occur monthly, quarterly or annually.
Since Sherrill took office in January, New Jersey has had a new attorney general, Jen Davenport, and state police chief Lt. Col. Jeanne Hengemuhle. Symons referred further questions to state police, whose spokespeople did not respond to a request for comment. Sherrill’s spokespeople also had no comment.
Petrolino filed records requests with both the state police and the attorney general’s office in January for de-identified data and demographic information dating back to 2024 on retired officers who applied for and were granted or denied permits.
When state police told Petrolino last month, both agencies denied his requests. State Law It prohibits them from disclosing firearm applications and background checks on applicants to anyone other than law enforcement. However, this law does not prohibit the public disclosure of anonymised data.
Petrolino wants a state judge to order the state police to release that data, saying the refusals violate the Open Public Records Act, his common law right of access (which chooses to disclose information when it serves the public interest) and his own civil rights because of the “sloppy lack of analysis” in the agency’s rejection of the records.
According to the court report, the decision will be made on April 28.
