Review: Licenses Delayed, Rights Denied: Harvard Journal of Law & Public Policy, Mark Smith

Licenses Delayed, Rights Denied is a scholarly article informing readers of the means six outlier states use to deny ordinary citizens their rights to keep and bear arms. The article is another excellent example of scholarship by Mark Smith, member of the Supreme Court Bar, distinguished Second Amendment scholar and host of the Four Boxes Diner on Youtube. He is also a contributor at AmmoLand.com.  The article has been published in the Harvard Journal of Law & Public Policy: Per Curiam, Fall of 2025, No. 23.  The six states which are actively working to undermine the Bruen methodology are described as California, Hawaii, Maryland, New Jersey, New York, and Massachusetts. The article also shows specific examples in Washington, D.C., Los Angeles, and other jurisdictions. The complete title is: Licenses Delayed Rights Denied: How Contgemporary Firearm Carry Licensing Regimes Continue to Violate 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 which 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 Unpublished or Hidden Requirements - Jurisdictions sometimes use requirements which are not listed in statute or on websites. These requirements are surprises 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 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.

Together, these processes are used to prevent ordinary citizens from legally exercising the rights protected by the Second Amendment. In California, Mark documents applicants commonly have to wait 18-22 months for a decision. In New York City, after the Bruen decision, the vast majority of thousands of applicants remained without a decision over a year later.

Licenses Delayed, Rights Denied demonstrates the time allowed to process a carry permit in six states is seven times longer than the time allowed to process voter registration.

Mark Smith suggests a way to align incentives so that state bureaucracies have reasons to process applications quickly. He suggests states be required to issue a temporary permit on the date of application, which will become permanent in a number of days, if the state does not show the applicant is disqualified.

Licenses Delayed, Rights Denied is a well crafted, well researched article. It is worthwhile reading for Second Amendment activists, scholars, and lawyers involved in Second Amendment cases.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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