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New Jersey Denies Man a Gun Permit Over His Driving Record

New Jersey’s gun permitting system has once again sparked controversy, this time involving a man denied a firearm carry permit not for criminal actions but due to his driving record. The case of Leonard Mirabal, detailed in reports by John Petrolino on Bearing Arms and a video by gun rights YouTuber Liberty Doll, highlights the hurdles faced by New Jersey residents under a system critics say operates with subjective and discriminatory standards. These denials not only undermine constitutional rights but also raise questions about fairness and the rule of law.

The Background of Leonard Mirabal

The Background of Leonard Mirabal
Image Credit: Survival World

Leonard Mirabal, a resident of Carlstadt, New Jersey, had already obtained a firearms identification card and pistol purchase permits, passing multiple state and federal background checks. Despite this, his June 2023 application for a concealed carry permit was denied by Carlstadt Police Chief Thomas Cox. As reported by Petrolino, the denial cited Mirabal’s “extensive driving history,” including a revoked commercial driver’s license – a non-criminal matter.

Liberty Doll’s video emphasized the absurdity of denying gun rights based on a driving record that didn’t involve any criminal charges, calling it a misuse of power under the guise of public safety.

A Subjective Standard in Question

A Subjective Standard in Question
Image Credit: Survival World

At the heart of Mirabal’s denial lies the controversial New Jersey statute N.J. 2C:58-3c(5). This law allows permit applications to be denied if authorities believe issuing a permit would not be in the interest of “public health, safety, or welfare.” Critics, including Petrolino and Liberty Doll, argue this vague standard violates the Supreme Court’s decision in NYSRPA v. Bruen, which demands objective and narrowly defined criteria for gun licensing.

Mirabal’s case exemplifies how the law has been applied arbitrarily, effectively barring him from exercising his constitutional rights over what amounts to bureaucratic red tape.

Communication Barriers and Misunderstandings

Communication Barriers and Misunderstandings
Image Credit: Liberty Doll

Mirabal faced additional challenges due to language barriers, as English is not his first language. Petrolino’s investigation revealed that procedural issues, such as missteps in paperwork and difficulties making appointments, were labeled as “falsifications” by the police. Liberty Doll echoed these findings, noting that rather than providing assistance, officials appeared to weaponize these errors against applicants.

This lack of support for applicants is a systemic issue. According to Petrolino, New Jersey authorities often avoid rendering aid to gun permit applicants, creating unnecessary roadblocks that further frustrate and disenfranchise lawful citizens.

Delays and Denials Continue

Delays and Denials Continue
Image Credit: Survival World

Mirabal applied again in 2024, this time citing his need for a permit to work as an armored car employee. The process was again marred by delays and miscommunications. In a chilling email exchange highlighted by both Petrolino and Liberty Doll, Detective Sergeant Mark Wong asked if Mirabal had taken steps to expunge his driving record. Despite Mirabal’s protests that a clean driving record is not a legal requirement for gun ownership, his application was denied again under the same subjective standard.

A Limited Victory Through the State Police

A Limited Victory Through the State Police
Image Credit: Survival World

Facing consistent denials at the local level, Mirabal sought an alternative path by applying directly through a New Jersey State Police barracks for a work-restricted permit. To his surprise, this permit was approved within four weeks, allowing him to carry a firearm while on duty. Liberty Doll underscored the irony that a state agency approved the same application that local authorities had repeatedly denied.

Mirabal’s persistence paid off further when he later applied for an unrestricted permit through the State Police. In just 16 days, he was granted the permit without any mention of his driving record – proving that the local denials were not only baseless but also inconsistent.

The Silence of Authority Figures

The Silence of Authority Figures
Image Credit: Survival World

Attempts to hold officials accountable for Mirabal’s treatment have been met with silence. Petrolino documented multiple unanswered requests for comment from Detective Sergeant Wong, Chief Cox, Mayor Robert Zimmermann, and Attorney General Matthew Platkin. Liberty Doll pointed out that the lack of transparency reflects poorly on a system that should be upholding public trust.

This refusal to engage raises questions about the motivations behind these denials. Are they rooted in genuine safety concerns, or are they a means to restrict gun rights through procedural loopholes?

One of Many Similar Cases

One of Many Similar Cases
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Mirabal’s story is just one of many similar cases in New Jersey. Both Petrolino and Liberty Doll highlighted the disproportionate impact of these denials on minority applicants. Data has shown that Black residents are denied permits at significantly higher rates than their white counterparts under the same subjective standard, pointing to systemic bias within the permitting system.

A System in Need of Reform

A System in Need of Reform
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The arbitrary nature of Mirabal’s denials is troubling. A driving record unrelated to criminal behavior should have no bearing on someone’s ability to exercise a constitutional right. The inconsistencies between local and state approvals further expose the flawed logic behind the subjective standard.

What stands out most to me is the lack of accountability. Officials who refuse to explain their decisions or address systemic issues undermine public confidence in the law. Mirabal’s case serves as a stark reminder that even in states with strict gun control, the enforcement of those laws must be fair and transparent.

A Frustrating but Encouraging Resolution

A Frustrating but Encouraging Resolution
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While Mirabal ultimately obtained his unrestricted permit, the process he endured was unnecessarily arduous. His experience illustrates the resilience required to navigate a system seemingly designed to discourage applicants. The fact that he succeeded in the end offers some hope, but it shouldn’t take multiple denials and appeals to achieve what should be a straightforward right.

Lessons from Mirabal’s Struggle

Lessons from Mirabal’s Struggle
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Mirabal’s case is emblematic of the broader battle for Second Amendment rights in restrictive states. It highlights the importance of vigilance and advocacy in ensuring that gun laws are applied fairly and constitutionally. Liberty Doll and John Petrolino deserve credit for shedding light on these injustices and holding authorities accountable.

This story should inspire further scrutiny of New Jersey’s permitting process and similar systems nationwide. Only through transparency and reform can we ensure that all citizens, regardless of background, can exercise their rights without undue interference.

A Place for Subjective Standards

A Place for Subjective Standards
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What do you think? Should subjective standards, like New Jersey’s N.J. 2C:58-3c(5), have a place in determining who can exercise a constitutional right? Why or why not? How can states ensure that language barriers and bureaucratic hurdles do not unfairly disadvantage lawful gun permit applicants? Does Mirabal’s case suggest a need for greater oversight of local permitting authorities, and if so, what form should that oversight take?