Denied 2A Rights Over "Moving Violations" Being "Good Moral Character"

Published on February 24, 2023
Duration: 6:35

This video from Copper Jacket TV discusses how some states are implementing 'good moral character' requirements post-Bruin, which can lead to individuals being denied firearm permits or ownership based on vague criteria. The speaker highlights a New York case where traffic violations were cited as evidence of lacking good moral character, arguing this is an unconstitutional overreach and a form of 'may issue' licensing.

Quick Summary

Some states are using 'good moral character' requirements post-Bruin to deny firearm rights, citing vague criteria like traffic violations. This approach is criticized as unconstitutionally subjective and a return to 'may issue' licensing, allowing officials broad discretion to deny permits based on perceived character flaws.

Chapters

  1. 00:00Introduction: Post-Bruin Gun Control
  2. 00:39Appreciation and Call to Action
  3. 00:56The 'Good Moral Character' Standard
  4. 01:37Traffic Tickets as 'Bad Moral Character'
  5. 01:50New York Case Study: Permit Denial
  6. 02:31Details of the New York Case
  7. 03:02Quote: Egregious History of Moving Violations
  8. 03:38Omitted Facts and 4473 Disqualifiers
  9. 04:22Good Moral Character vs. Shall Issue
  10. 04:34How 'Good Moral Character' is Assessed
  11. 04:36Social Media and Neighbor Checks
  12. 05:22Personal Opinion: Good Moral Character is Worse
  13. 05:30May Issue vs. Shallow Issue States
  14. 05:48Hope for Supreme Court Review
  15. 05:57Advice for Those in Such States
  16. 06:11Conclusion: The Need for Change

Frequently Asked Questions

What is the 'good moral character' requirement in relation to gun rights?

Following the Bruin decision, some states have implemented 'good moral character' clauses to evaluate firearm permit applicants. This subjective standard allows officials to deny rights based on a broad interpretation of an individual's behavior, including traffic violations, which is seen as a way to maintain 'may issue' licensing.

How can traffic violations lead to denial of firearm rights?

In states with 'good moral character' requirements, an extensive history of moving violations can be interpreted as an inability to comply with license requirements. This is then used as a justification by licensing agencies to deny permits or firearm ownership, even if the violations aren't federal disqualifiers.

What is the legal argument against 'good moral character' laws for gun ownership?

Critics argue that 'good moral character' requirements are unconstitutionally vague and subjective, allowing for arbitrary denials of Second Amendment rights. They contend that such standards are a modern iteration of 'may issue' licensing, which the Bruin decision aimed to curtail by emphasizing shall-issue principles.

What other factors might be considered for 'good moral character'?

Beyond traffic violations, licensing agencies may scrutinize publicly available social media posts and gather opinions from neighbors to assess an applicant's character. This broadens the scope of background checks significantly, potentially impacting individuals based on their online activity or personal relationships.

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