New York’s law retains a requirement that permit applicants demonstrate “good moral character,” an assessment that includes perusing their social media posts. Bonta likewise maintains that California’s “good moral character” standard remains constitutional, and he suggests that controversial opinions could be disqualifying.
UCLA law professor Eugene Volokh, a First Amendment specialist, thinks such a wide-ranging inquiry is “clearly unconstitutional.” Volokh notes that “the government can’t restrict ordinary citizens’ actions—much less their constitutionally protected actions—based on the viewpoints that they express.”
Although Massachusetts dropped its “good reason” criterion for carry permits, it still requires that an applicant be “a suitable person to possess firearms,” a standard that leaves considerable room for subjective judgments. The same vague requirement applies in Connecticut, where Attorney General William Tong has promised to resist any changes to the law.
Delaware requires that a carry-permit applicant demonstrate “good moral character” and “a good reputation for peace and good order.” The National Shooting Sports Foundation (NSSF), an industry group, reports that Delaware officials are taking a “wait and see” approach, meaning the law probably won’t be changed without additional litigation.
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