Is requiring a class, evaluation and background check for a fee basically charging for a right?

Reader question, asked March 2025

Short answer: Courts have generally said reasonable licensing is allowed. They’ve also warned that excessive fees or delays can cross the line.

In NY State Rifle & Pistol Assn. v. Bruen (2022), the Supreme Court said shall-issue permit systems with background checks and training are generally fine. A footnote added that exorbitant fees or long waits could still be challenged.
Courts usually allow fees that cover the actual cost of running a program. A fee that works as a tax on exercising the right is treated differently.
The argument against: High fees, required courses and psych evaluations add up, and they shut out lower-income people who may need protection the most.
The argument for: Training and vetting improve safety, and the fees just cover what the program costs to run.
Fee and training challenges are still being decided case by case, and the rules vary a lot from state to state.

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