California Attorney General Rob Bonta thinks he found a way to maneuver around the Supreme Court’s decision to strike down New York’s concealed carry law.
SCOTUS ruled that New York’s “probable cause” requirement violates the 2nd and 14th Amendment.
Bonta told California law enforcement that they cannot deny a concealed carry license based on “good cause.”
However, Bonta said authorities must “continue to apply and enforce all other aspects of California law with respect to public-carry licenses and the carrying of firearms in public.”
Bonta means the “good moral character” requirement:
Moreover, because the Court’s decision in Bruen does not affect the other statutory requirements governing public-carry licenses, issuing authorities must still require proof that (1) “the applicant is of good moral character,” (2) the applicant is a resident of the relevant county or city (or has their principal place of business or employment in that county or city), and (3) the applicant has completed a course of training. Id. §§ 26150(a), 26155(a). Issuing authorities may also still require psychological testing. Id. § 26190(f).
How disturbing (emphasis mine):
It is reasonable to consider such factors in evaluating an applicant’s proof of the requisite moral character to safely carry firearms in public. See, e.g., Bruen, slip op. p. 63 (referencing “law-abiding citizens”). Other jurisdictions list the personal characteristics one reasonably expects of candidates for a public-carry license who do not pose a danger to themselves or others. The Riverside County Sheriff’s Department’s policy, for example, currently provides as follows: “Legal judgments of good moral character can include consideration of honesty, trustworthiness, diligence, reliability, respect for the law, integrity, candor, discretion, observance of fiduciary duty, respect for the rights of others, absence of hatred and racism, fiscal stability, profession-specific criteria such as pledging to honor the constitution and uphold the law, and the absence of criminal conviction.”3As a starting point for purposes of investigating an applicant’s moral character, many issuing authorities require personal references and/or reference letters. Investigators may personally interview applicants and use the opportunity to gain further insight into the applicant’s character. And they may search publicly-available information, including social media accounts, in assessing the applicant’s character. Finally, we note that it remains reasonable—and constitutional—to ask applicants why they are interested in carrying their firearms in public. Although applicants do not need to demonstrate good cause for the issuance of a license, an applicant’s reasons for seeking a license may alert authorities to a need for psychological testing, be considered as part of the “good moral character” requirement, or provide information relevant to other statutory requirements.
It looks like California added the “good moral character” requirement in 2010. Penal Code 26155 under Chapter 4. If I read that wrong let me know.
The “fiscal stability” one blows my mind. You cannot exercise your natural right to bear arms because you’re not financially stable?
Bonta’s road to deny concealed carry licenses obviously violates the 2nd and 14th Amendments but also the 1st Amendment.
You all know how I feel. The Constitution is absolute. You should not lose any of your natural rights no matter what you’ve said or done.
How do you determine if something is sarcastic or real? Have you seen the tweets I send my “brother” Bruce aka GayPatriot? You should see our texts!
How about my tweets about me being anti-government? Thank goodness I live in Oklahoma.
Eugene Volokh at Reason brought up the overturning of Roe v. Wade. Would pro-abortion states find my pro-life views extremist? Would pro-life states find pro-abortion views as extremist?
So New York violates your 2nd and 14th Amendments and California will add the 1st! Gotta love blue states!
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