A Challenge to America's Most Dangerous Gun Law

Published on June 16, 2026
Duration: 14:27

This video from Washington Gun Law TV analyzes the legal challenge in Mosher v. Nestle against Michigan's License to Purchase (LTP) firearm regime. President William Kirk argues that pre-purchasing licensing, like Michigan's LTP, is more dangerous than platform bans as it converts an inalienable right into a government-controlled privilege. The challenge asserts that Michigan's LTP law lacks historical pedigree required by Bruin, is abusive, and violates the Fourteenth Amendment's Due Process Clause due to inadequate procedural safeguards and an undefined probable cause standard for denial. The video highlights the redundancy of the LTP process with federal background checks and the creation of a centralized database, which may violate federal law.

Quick Summary

Michigan's License to Purchase (LTP) firearm law is being challenged in Mosher v. Nestle for allegedly violating the Second and Fourteenth Amendments. Arguments include the law converting a right into a privilege, lacking historical basis, and employing vague standards for denial without due process or appeal.

Chapters

  1. 00:00Introduction: Most Dangerous Gun Law
  2. 00:51Sponsor: Right to Bear Legal Team
  3. 00:89Pre-Purchasing Licensing Explained
  4. 01:01Mosher v. Nestle: Michigan Case
  5. 01:15Michigan's LTP vs. CPL
  6. 01:36Bruin Footnote 9 & Licensing
  7. 01:54Plaintiffs' Complaint & Arguments
  8. 02:18LTP: Single-Use, 30-Day License
  9. 02:34Vague Probable Cause Standard
  10. 02:54Abusive Ends & Bruin
  11. 03:09License to Possess vs. Carry
  12. 03:19Redundancy with Federal NICS
  13. 03:44Abusive Practice & Unconstitutionality
  14. 03:50Centralized Database Violation
  15. 04:16Supremacy Clause Challenges
  16. 04:29Second Amendment Violation Analysis
  17. 04:43Lack of Historical Pedigree
  18. 04:75Plaintiffs' Summary of Violations
  19. 04:92Procedural Deficiencies & Horror Stories
  20. 05:19LTP Scheme vs. Bruin
  21. 05:32Conditions for LTP Issuance
  22. 05:46Predictive Dangerousness Standard
  23. 05:76State Background Check Redundancy
  24. 06:10Overlapping Background Check Issues
  25. 06:34Discretionary Licensing vs. Shall Issue
  26. 06:50Shall Issue in Form, May Issue in Operation
  27. 07:11Preemptive Legal Attack Strategy
  28. 07:22Mosher v. Nestle Case Details
  29. 07:40Michigan Gun Rights Status
  30. 07:58Right to Bear Sponsor Segment

Frequently Asked Questions

What is the main argument against Michigan's License to Purchase (LTP) firearm law?

The primary argument is that Michigan's LTP law converts an inalienable right to keep and bear arms into a government-controlled privilege. Plaintiffs argue it lacks historical precedent required by Bruin, is abusive, and violates the Fourteenth Amendment's Due Process Clause due to vague standards and lack of procedural safeguards.

How does Michigan's LTP process compare to federal firearm background checks?

Michigan's LTP process is considered redundant. It requires a 30-day license for a single firearm purchase, involving a state-level background check that often mirrors the federal NICS check already performed by licensed dealers at the point of sale.

What are the procedural issues with Michigan's LTP denial process?

Applicants denied an LTP in Michigan are not informed of the specific reason for denial and have no avenue for appeal. This lack of transparency and recourse is cited as a violation of due process rights.

Why is pre-purchasing licensing considered a dangerous gun control law?

Pre-purchasing licensing, like Michigan's LTP, is argued to be more dangerous than outright bans because it subjects a fundamental right to government discretion. It requires citizens to obtain permission from the state before acquiring a firearm, which can be denied based on subjective criteria.

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