NJ Lawyer Sues After Gun Permit Blocked Over Pro-Palestinian Social Media Posts

Last updated on January 10th, 2025 at 02:44 pm

A New Jersey resident and attorney is suing a local police department in federal court, alleging they violated his constitutional rights by blocking the renewal of his firearm carry permit over his social media commentary on the ongoing war in the Gaza Strip and Israeli-Palestinian relations.

Rajeh Saadeh obtained a New Jersey concealed carry permit in 2022 and planned to renew the two-year permit in August, ahead of its December expiration. He hit a roadblock when his renewal application was denied.

In New Jersey, permits may be denied if applicants have prior convictions for violent offenses, are subject to existing arrest warrants or restraining orders, have violated such orders in the past, has been diagnosed with a drug dependency or mental disorder, have provided false information in a permit application or if a licensing authority determines it “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.”

In a complaint he filed in the U.S. District Court for the District of New Jersey on Dec. 17 complaint, Saadeh stated he was informed his application was denied citing this “interest of the public” criteria. Saadeh obtained records for the rejection, including a memorandum authored by Springfield Township Detective James Mirabile.

Mirabile stated he became aware of posts on Saadeh’s X social media account, which Mirabile described as being “pro-Hamas” and which could also “be construed as anti-Semitic.”

Neither Saadeh’s complaint, nor the Mirabile’s memorandum on the decision, specified what exactly Saadeh had said that should disqualify him from the firearm permit renewal. Over the past year, Saadeh has frequently commented on and reposted content from other users discussing the ongoing fighting in the Gaza Strip, criticizing Israel’s conduct there and in relations with the Palestinian people more broadly. Some of his posts  have shown Palestinian militants fighting Israeli troops.

Mirabile’s memo states he forwarded Saadeh’s information to the FBI’s Joint Terrorism Task Force, but the FBI confirmed he was not on any sort of watch list. The memo also notes Saadeh had no other disqualifying legal or mental health history.

Saadeh contends the decision to reject his permit application entails a violation of his Second Amendment right to keep and bear arms under the U.S. Constitution, his 14th Amendment right to equal protection under the law, and his First Amendment free speech rights

“Plaintiff has a right to share information, including on social media, including of facts and evidence the government would rather the public not know,” the complaint asserts.

Saadeh further contends he faced discrimination on the basis of his race and national origin as a Palestinian American.

The U.S. Supreme Court ruled, in its June 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, that states can employ so-called “shall issue” firearm permitting processes that provide objective criteria for applicants seeking permits to exercise their gun rights. So-called “may issue” permitting, which relies on arbitrary and subjective analyses by permitting authorities, however, is unconstitutional.

The Supreme Court described New Jersey as one of seven states with a “may issue” permitting process.