Videos tagged with Subjective Licensing

This analysis, presented by constitutional attorney Mark W. Smith, highlights a significant admission by the Department of Justice (DOJ) during the Supreme Court oral arguments in *United States v. Rahimi*. The DOJ conceded that executive branches and administrative agencies have limited discretion in Second Amendment-related licensing, particularly concerning subjective criteria. This admission is poised to challenge discretionary gun licensing regimes nationwide, reinforcing the need for objective standards as established by the *Bruen* decision.

A federal judge in the Southern District of New York has ruled NYC's 'good moral character' requirement for gun licenses unconstitutional, citing the Bruen decision. Host Mark W. Smith, a Constitutional Attorney, details the Srour v. NYC case, where Judge John P. Cronin found the subjective nature of the requirement violates Second Amendment rights by granting excessive discretion to officials. The ruling emphasizes the need for objective licensing standards based on historical precedent.