Licenses Delayed, Rights Denied... Video/Article by Mark W. Smith

[TrappedinCalifornia]

You can read his piece cited in the video at... LICENSES DELAYED, RIGHTS DENIED: HOW CONTEMPORARY FIREARM CARRY LICENSING REGIMES CONTINUE TO VIOLATE THE SECOND AMENDMENT

...This Article documents the methods by which certain outlier jurisdictions erode Bruen's command; and second, proposes a concrete solution that would restore meaningful access to the right to bear arms. Central to this proposal is the simple but powerful insight that states move quickly when they are motivated to do so. What is needed, then, is a realignment of incentives that makes unlawful obstruction costlier than constitutional compliance...

The bureaucratic resistance to Bruen documented here represents more than mere administrative inefficiency or resource constraints. It is a coordinated strategy of constitutional evasion, one that substitutes procedural complexity for substantive prohibition and transforms the exercise of a fundamental right into an endurance test that many law-abiding applicants will fail.

Three years after Bruen, the promise of that decision remains unfulfilled for millions of Americans living in the outlier jurisdictions. The right to bear arms cannot be reduced to a theoretical possibility accessible only to those with the resources, time, and persistence to navigate a deliberately obscured bureaucratic maze. A constitutional right delayed is a constitutional right denied, and the time has come for courts and legislatures alike to ensure that Bruen's mandate is honored not just in principle, but in practice.

[splithoof]

Mark Smith IMO would be a great choice for a seat on SCOTUS. He most certainly has the qualifications, and would be an orginalist.

[TrappedinCalifornia]

For those who don't want to read the full, 12-page article, a 'summary' can be found at... Licenses Delayed, Rights Denied: How Six States Are Sabotaging the Second Amendment

... Mark Smith documents five sets of methods used to make the process of obtaining a permit to carry burdensome. They include:

1. Staffing bottlenecks and restricted office hours – Hours of availability to apply can be restricted to a few hours a week, and/or they may only be processed by a small number of individuals. These hours are often during the normal work week, requireing an applicant to take time off to complete an application. A federal lawsuit revealed the Boston Police department requires an appointment to have fingerprints taken. The department often takes months to schedule an appointment.
2. Supplementary Documents – Requirements for letters from employers, character references, or authorization to search all public and private records takes considerable time and effort. Such requirements are not authorized by the Bruen decision.
3. Lengthy and Expensive Firearms Training and Proficiency Requirement – Mark documents requirements that cost hundreds of dollars and extensive time to complete. Access to training in urban areas is often limited by class size and availability.
4. Unpublished or Hidden Requirements – Jurisdictions sometimes use requirements that are not listed in statute or on websites. These requirements are a surprise to applicants. They amount to unconstitutional subjective tests which are difficult to overcome. In Hawaii, an applicant was denied a permit because police investigated a complaint. This was equated to a prosecution, even though no charges were filed.
5. Short License Renewal Times and Burdensome Renewal Processes – Some jurisdictions require similar processes for renewal as for the initial application. Permits are required to be renewed every two or three years...