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What is Good Moral Character?

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  • Chewy65
    Calguns Addict
    • Dec 2013
    • 5026

    What is Good Moral Character?

    I strongly suspect that Chuch Michel has been getting ready for the Gun Haters to play the GMC card, and I am not talking about a pickup truck. At some point he and the CPRA will lay it all out for us and the courts, but I wonder just what is this creature called "Good Moral Character" and how will it be measured in light of Bruen. Perhaps we will be informed by looking to immigration law where the U. S. Citizenship and Naturalization Service where GMC is a requirement for naturalization. Take a look at https://www.uscis.gov/policy-manual/...rt-f-chapter-1 and https://www.ecfr.gov/current/title-8...section-316.10

    One thing that stands out to me is that for one to be of GMC they certainly need not be paragons of virtue. A person may be found to be of good moral character unless

    So its okay to be often be a drunk, as long as not a habitual drunk, and a felony conviction mght be acceptable, is it isn't and aggravated feony. Gambling is fine, if it isn't hour principal source of income.

    My point is not that taking nip now and then is evil or you are going to hell if you bet with friends over the weekend game. My point is you don't need to be an angel. Somehow I expect certian component of this State will practically start to require an applicant be able to walk on water if they are going to prove GMC.
  • #2
    Brother_Hesekiel
    Senior Member
    • Dec 2012
    • 771

    A person of good moral character needs to be a law abiding person. He or she has to be respectful to others. That means if you ever got a parking ticket or made a disrespectful post of Facebook, you've shown that you are not a person of good moral character and cannot be trusted with carrying a firearm in public. It's really that simple.

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    • #3
      Chewy65
      Calguns Addict
      • Dec 2013
      • 5026

      That is still too complex, Brother_Hesekiel. The DOJ is putting out guidance as to how good moral character is to be determined. The act of applying for a CCW raises an irrefutible presumption of a lack of GMC. Simple and cost effective.

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      • #4
        DaveInOroValley
        CGN/CGSSA Contributor
        CGN Contributor
        • Jan 2010
        • 8965

        For California they should be basing GMC on the current Governor. That way everyone qualifies.
        Last edited by DaveInOroValley; 07-03-2022, 8:35 AM.
        NRA Life Member

        Vet since 1978

        "Don't bother me with facts, Son. I've already made up my mind." -Foghorn Leghorn

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        • #5
          P5Ret
          Calguns Addict
          • Oct 2010
          • 6343

          Originally posted by DaveInOroValley
          For California they should be base GMC on the current Governor. That way everyone qualifies.
          Not being a cocaine snorting, alcoholic who bangs your best friends wife in your city hall office, isn't too high of a bar to set. So yeah I think that would be a good threshold.

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          • #6
            AWE
            Member
            • Mar 2022
            • 303

            Anyone think there is a connection between one of the drunktard male's only 2 in all of SFO age 80+ with a valid CCW may or may not have had a DUI up in NAPAVALLEY? And his speaker of housewife had to bail him out?

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            • #7
              IronsightsRifleman
              Senior Member
              • Jun 2020
              • 804

              NO!
              What was the definition of Good Moral Character that allowed limiting 2A rights circa 1789, and what are appropriate present-day analogs? That is the only path for legislation allowed under Bruen. The Supreme Court instructions could not be any clearer. Go find legislation from that era and start there.

              Also, CFRs are regulations enacted by government agencies, not legislation enacted by elected representatives.

              Definitions adopted long before or after 2A ratification: no.
              Definitions unrelated to historical 2A restrictions: no.
              Regulations not enacted by elected representatives: maybe, but not compelling without further reference.

              Finally, it is likely that each state, city, and municipality across the nation had a few limitations on 2A. An attempt by the state to adopt a compiled list of hundreds of regulations would exceed the scope of the states' historical 2A controls and should be rejected by the courts accordingly.
              Last edited by IronsightsRifleman; 07-03-2022, 10:27 AM.

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              • #8
                Chewy65
                Calguns Addict
                • Dec 2013
                • 5026

                Originally posted by P5Ret
                Not being a cocaine snorting, alcoholic who bangs your best friends wife in your city hall office, isn't too high of a bar to set. So yeah I think that would be a good threshold.
                All that is fine, as long as nothing is "habitual".

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                • #9
                  Chewy65
                  Calguns Addict
                  • Dec 2013
                  • 5026

                  Originally posted by IronsightsRifleman
                  NO!
                  What was the definition of Good Moral Character that allowed limiting 2A rights circa 1789, and what are appropriate present-day analogs? That is the only path for legislation allowed under Bruen. The Supreme Court instructions could not be any clearer. Go find legislation from that era and start there.
                  Is this close enough?

                  The Naturalization Act of 1790 introduced the long-standing GMC requirement for naturalization. Any conduct or act that offends the accepted moral character standards of the community in which the applicant resides should be considered without regard to whether the applicant has been arrested or convicted of an offense. This begs the question, "What are those standards?"

                  In general, an applicant for naturalization must establish GMC throughout the requisite periods of continuous residence in the United States. In prescribing specific periods during which GMC must be established, Congress generally intended to make provision for the reformation and eventual naturalization of persons who were guilty of certain past misconduct.

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                  • #10
                    IronsightsRifleman
                    Senior Member
                    • Jun 2020
                    • 804

                    Originally posted by Chewy65
                    Is this close enough?
                    Maybe, depending on two questions:
                    Is the definition now the same (or analagous) as it was then?
                    Can a reference be found supporting that this standard was used for regulating 2A rights?

                    Comment

                    • #11
                      Cuba_001
                      Junior Member
                      • Feb 2022
                      • 12

                      If GMC is the baseline for CCW's it disqualifies all Politicians in California.

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                      • #12
                        ezaircon4jc
                        Senior Member
                        • Jul 2014
                        • 604

                        GMC need also be applied to all the other Amendments equally.

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                        • #13
                          L84CABO
                          Calguns Addict
                          • Mar 2009
                          • 8531

                          Please show me where in the Second Amendment...or anywhere else in the COTUS...it says that a person must be of good moral character in order to exercise their right to bear arms?

                          GMC may be a requirement in the CA state law but it is NOT supported by the COTUS.
                          "Kestryll I wanna lick your doughnut."

                          Fighter Pilot

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                          • #14
                            ezaircon4jc
                            Senior Member
                            • Jul 2014
                            • 604

                            Originally posted by L84CABO
                            Please show me where in the Second Amendment...or anywhere else in the COTUS...it says that a person must be of good moral character in order to exercise their right to bear arms?

                            GMC may be a requirement in the CA state law but it is NOT supported by the COTUS.
                            Or ANY other RIGHT!!!!

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                            • #15
                              SilveradoColt21
                              CGN Contributor - Lifetime
                              • Sep 2021
                              • 2439

                              Originally posted by L84CABO
                              Please show me where in the Second Amendment...or anywhere else in the COTUS...it says that a person must be of good moral character in order to exercise their right to bear arms?

                              GMC may be a requirement in the CA state law but it is NOT supported by the COTUS.
                              And that is why I think that it will not stand for too long
                              sigpic

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